For applicants for permanent residence a departure from the U.S. while an adjustment of status application is pending would be considered an abandonment of the adjustment application. Advance Parole normally would permit departure without danger to the adjustment application. Exemptions for H and L visa holders and their dependents to travel abroad while their adjustment applications are pending are permitted. The H or L visa principal must be intending to resume his/her position with the sponsoring H or L employer. This benefit extends to H and L dependents and also to K-3, and K-4 holders (family members of U.S. citizens).
If a Parolee stays abroad for more that one year or over a period of several years has traveled repeatedly abroad, the Parolee would be barred from seeking asylum.
Advance Parole is available to applicants with pending adjustment of status applications. Good faith business or personal reasons is enough to travel abroad with Parole. The period of stay abroad permitted is normally given for the necessary period of time. Usually multiple entries are permitted but the parole period granted at one time is limited to one year.
Advance Parole is also available to permanent residents who have lost their cards or whose cards have expired and a duplicate card is needed for necessary business or personal use. Advance Parole can only be applied for within the U.S. Advance Parole may be perilous for an applicant who has had a period of illegal status in the U.S. such as an applicant who overstayed an authorized period before marrying a U.S. citizen and although he/she may adjust status within the U.S. because of having entered with a visa, the illegal overstay period may be raised on a return to the U.S. by the Immigration Service that could challenge the readmission. Hence to leave before adjustment is granted even with Advance Parole would be dangerous to anyone who had overstayed. A Parole for formerly out of status immigrants should not be pursued. The better strategy would be to wait until the grant of permanent residence.
Haitians eligible for temporary protected status
Due to the devastation caused by the earthquakes in Haiti last year the Department of Homeland Security has granted Temporary Protected Status to Haitians in the U.S. who have been here since January 12, 2011. Haitians who had previously received TPS may register within 90 days for an extension for 18 months more. New registrants have 6 months to register from May 23, 2011. TPS holders may receive work authorization and travel abroad with Advance Parole.
If you need help or advise, call us at 212-944-9420.