US Immigration

A Warning For Advanced Parole Applicants

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A Warning for Advanced Parole Applicants

A Warning for Advanced Parole Applicants
The United States Citizenship and Immigration Service (USCIS) has decided to combine the advanced parole document with the employment authorization card. The combined card applies for those waiting for adjudication on their adjustment of status applications. Previously, advanced parole documents came on a piece of paper and the Employment Authorization Document (EAD) came on a card. Now, both will be together on a card similar to the EAD card, except that it will now say, "Serves as I-512 advanced parole." The idea is that individual will not have to carry both documents with them at all times. And employers can accept the card when filling out an I-9, Employment Verification form. The card will be valid for varying times, judged on a case by case basis, but generally from one to two years. The new card will cost the same as filing an I-485 (Application to Register Permanent Residence) which is currently $1,070. If you already have an advanced parole document and an EAD, you can only get the combination card if both have less than 120 days until expiration.

Confusion about the Advance Parole Status
There has been some confusion about the advance parole status, however, and USCIS isn't clearing it up very well. The USCIS website says that possessing a new combined advanced parole document and EAD that individuals are able to travel abroad without losing their pending adjustment of status case. Though, also on the website under the FAQ section, a question asks, "If I receive this card, does that guarantee my re-entry into the United States if I travel?" The answer is no. In fact, leaving the country might result in denial of entry with the status of inadmissible and not being allowed to return for 3 to 10 years. And this is confirmed on the advanced parole application form, form I-131, that has a section called, "Travel Warning Regarding Unlawful Presence," and says that those who have had an illegal resident status for more than six months are subject to a 3 to 10 year ban from entering the country. Furthermore, the USCIS press release concerning this matter says, "Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status."

The Long and Short
The long and short of it is that nothing has changed due to the combination of an advanced parole document and the EAD. If you have an adjustment of status application pending and you're thinking of traveling abroad, it may be wise to reconsider your travel plans. And if you're absolutely set on going, try to possible clear it with USCIS or talk to an immigration lawyer who can make sure that your adjustment of status case is safe. So be warned. Clearly, maintaining your residence in the U.S. is probably important to you and obtaining a green card is a worthy goal. It could be very dangerous for you to leave the country and, no doubt, being barred from the U.S. would turn your entire life upside down.