US Immigration

Combined EAD And Advanced Parole Cards To Be Issued

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Combined EAD and Advanced Parole Cards to be Issued

Combined EAD and Advanced Parole Cards to be Issued
The USCIS recently announced that advance parole and employment authorization will soon be issued on a single card for individuals that have a pending adjustment of status applications. The new card will have a similar appearance to the current Employment Authorization Document, known as the EAD. The new card will include a statement indicating that it also serves as a I-512 Advance Parole. Currently, paper advance parole documents have been issued separately from plastic EAD cards. The new combined Advanced Parole and EAD card will make it possible for applicants for adjustment of status to travel outside of the United States and then return with no risk of abandoning their pending adjustment of status. For individuals who have been out of status prior to filing for an adjustment of status, there could still potentially be serious consequences when traveling on Advance Parole. Consequences could include being stopped while at the airport and not being allowed permission to return to the United States. Along with being determined inadmissible, it is possible their adjustment of status could be denied as well as possibly being subjected to a ban of up to ten years, depending on how long they have been unlawfully present in the U.S.

Travelling While Out of Status
It is important to understand that the rules regarding leaving the country while out of status have not changed through the issuance of the new single combined card. There can still be severe consequences for individuals who have been out of status to depart the United States until they have received their green card. USCIS has been clear about the fact that persons who have been unlawfully present in the country who leave and then try to re-enter on a parole grant may be found to be inadmissible and will subsequently be ineligible to have their status adjusted. Receipt of the new card will not guarantee an individual's re-entry into the U.S. if they travel. Without advance parole, it is still possible for an individual who has been unlawfully present to be found inadmissible. Furthermore, it should be understood that persons who have been out of status for a period of more than six months prior to filing their adjustment of status application may still face a ban of between three and ten years if they choose to travel outside of the United States. Receiving a grant of advance parole does not indicate that it is necessarily okay to travel. It is entirely possible that traveling, even while on advance parole, can potentially trigger a ban of three years or ten years.

Pending Adjustment of Status Application
Individuals who have a pending adjustment of status application and who are considering traveling outside of the United States on advance parole should strongly consider obtaining the advice of an experienced attorney before doing so. According to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, persons who leave the U.S. after being unlawfully present for specific periods of time may be barred for gaining lawful permanent resident status. This risk exists even if the person has obtained Advance parole. Persons who have been unlawfully present for a period of more than 180 days but less than a full year will be inadmissible for 3 years. Persons who have been unlawfully present for 1 year or more will be considered inadmissible for 10 years.

When to File for Advance Parole
It is necessary to apply for Advance Parole if you fall into the following categories:

  • You have been granted TPS or Temporary Protected Status
  • You have a pending NACARA 203 application
  • You have a pending adjustment of status application
  • You have a pending asylum application
  • You have a pending legalization application