This blog discusses the topic of advance parole while adjusting status. In some of our earlier entries, we have discussed the adjustment of status process and we have also discussed the topic of advance parole. Advance Parole refers to a special type of travel permission which is granted by the United States Citizenship and Immigration Services (USCIS) to non-U.S. nationals who are not permanent residents yet.
So How Does Advance Parole Tie in With an Adjustment of Status Application?
The adjustment of status process can take many months to complete and oftentimes, an intending immigrant who is waiting for their permanent resident status may desire to travel outside of the United States while their adjustment of statusapplication is still pending.
If a person is required to apply for advance parole before departing the United States and they fail to do so, their adjustment of status application will automatically be considered abandoned. In such an instance, that individual would not be able to return to the U.S. and may have to undergo consular processing in order to finish the green card process.
How Does Someone Apply for Advance Parole While Adjusting Status?
Form I-131, Application for Travel Document is used to apply for advance parole. This application should be submitted to USCIS far in advance of the proposed trip in order to allow time for processing and approval.
Some Words of Caution
Having advance parole does not guarantee that you will be permitted to reenter the United States. Although having this document should permit you to reenter the U.S., all that having advance parole means is that you have not abandoned your adjustment of status application. The decision to admit you back into the United States is still reserved for customs officials at any authorized U.S. port of entry.
Minor mistakes on Form I-131 can cause costly delays and potential denials. Consider setting up a consult with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries regarding advance parole while adjusting status and other immigration issues.
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