A number of Immigration lawyers have reported that the United States Citizenship and Immigration Services (USCIS) has recently started denying I-131 Application for Advance Parole if the applicant had traveled outside of the U.S. while the application was pending.
When an individual applies for a green card in the U.S., they can also file for advance parole. Advance parole is travel authorization. Because some nonimmigrant visa categories require a “non-immigrant” intent, once an individual applies for the green card – and demonstrates an “immigrant” intent – their existing visa is no longer valid. As a result, if an individual whose visa is no longer valid needs to depart the U.S. while their green card application is pending – they can apply for permission to reenter or be “paroled” into the U.S. after their trip – in advance.
Not all green card applicants require such permission to travel, because they have “immigrant” visas or a visa that allows for “dual intent.” As such, these individuals may apply for advance parole as a back-up. It has long been USCIS practice that I-131 applications for applicants with a separate valid advance parole document or a valid H, K, L or V visa would continue to be processed regardless of whether the individual had traveled internationally or were out of the U.S. at the time of adjudication.
Now, USCIS, citing the I-131 Form instructions, “[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned” is denying these applications.
If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.