Needing to Travel in the Middle of Adjusting Status in United States & Advanced Parole
Posted by: ScottMond Law Firm
November 12, 2012
Topic: Permanent Resident
More often than not, a Foreign National who is in the middle of adjusting his or her status to a U.S. Permanent Resident may need to travel before their U.S. Permanent Resident status is approved. Whether adjustment of status is based on either marriage or work related sponsorship, this is a very important issue to understand. Travelling before the adjustment of status is approved to a U.S. Permanent Resident may result in the abandonment of the entire application resulting in the headache of having to re file from scratch with this “mark” against one’s immigration record.
This short blog article will explain the process of how one can travel overseas successfully and return without abandoning their application for U.S. Permanent Resident Green Card.
First, an I-131 must be filed with USCIS called “Advanced Parole”. It can take up to 3 months to gain an approval, so it is important to file ASAP if one believes they may have to travel during the adjust of status pre approval stage. The problem that often arises is that our clients need to travel well in advance of the advanced parole being approved. This is a tricky situation, because if one leaves before the approval of their Advanced Parole, this could still be deemed an abandonment of one’s U.S. Green Card adjust of status application. However, by retaining U.S. Immigration counsel to file Advanced Parole on behalf of a Foreign National who must travel “ASAP”, it may indeed be possible to travel without an approved Advanced Parole and still not abandon one’s application.
It is important to consult an experienced Immigration lawyer to determine how to receive Advanced Parole (“AP”) approval while one travels outside of the country pre AP approval. Essential biometrics have to be taken post AP application and before one leaves the U.S. to travel abroad. Also, it is important to be advised how to reenter the country with the approved AP.
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