AS EVERYONE should be aware, when you file for adjustment of status you cannot travel outside of the United States until CIS approves your application. Considering the slow processing times applicants should seek to avail of Advance Parole in order to be able to travel internationally.
Advance Parole enable aliens currently in the United States to re-enter while the application for adjustment of status is still pending. Aliens in the United States are not eligible for Advance Parole if they are in the United States illegally and are an exchange alien subject to the foreign residence requirement. The Advance Parole, however, does not guarantee admission into the US Aliens with Advance Parole are still subject to the immigration inspection process at the port of entry.
Very importantly, individuals requesting advance parole must be approved before leaving the United States. Too often, clients with pending advance parole applications travel outside of the United States without first obtaining advance parole approval which result in serious adverse immigration consequences, including being unable to return to the United States and having pending immigration-related applications denied.
If you are applying for renewal of your Advance Parole (I-512L or I-512), CIS will accept and adjudicate a Form I-131 filed up to 120 days before the date your current advance parole expires. If you currently have a valid reentry permit or refugee travel document that will soon expire, you may obtain a new reentry permit or refugee travel document by filing Form I-131 and returning the current document to USCIS. A new Form I-131 may be filed regardless of the expiration date of your current reentry permit or refugee travel document.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, stipulates that immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained advance parole. Those immigrants who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Immigrants who are unlawfully present and depart the US and subsequently re-enter under a grant of parole, may nevertheless be ineligible to adjust their status. Hence, do not consider a grant of advance parole to be a magic cure-all for re-entry issues.
USCIS recommends all immigrants with pending applications for adjustment of status to check and consult an immigration attorney, or an immigration assistance organization accredited by the Board of Immigration Appeals before making any foreign travel plans.
Bander Law Firm, LLP has been providing immigration services for over 15 years and has multilingual staff who communicates effectively in Tagalog, Cebuano, Korean, Spanish, Sinhala, Farsi and Mandarin. Please feel free to call Bander Law Firm at 213-873-4333 regarding your legal concerns. Bander Law Firm provides a full range of legal services in the fields of Immigration, Mortgage Litigation, Bankruptcy, Personal Injury, Criminal and Removal Defense, Civil and Business Litigation, Wage and Hour Litigation and Class Action lawsuits.
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Bander Law Firm, LLP has been providing immigration services for over 15 years and has multilingual staff. Feel free to call Bander Law Firm, LLP at (213) 873-4333 to schedule your consultation regarding your legal concerns. Bander Law Firm provides a full range of legal services in the fields of Immigration, Mortgage Litigation, Personal Injury, Bankruptcy, Criminal and Removal Defense, Civil and Business Litigation, Wage and Hour Litigation and Class Action lawsuits.
Bander Law Firm, LLP Downtown office address: 1055 W. 7th Street, Suite 1950, Los Angeles, CA, 90017. Tel: (213) 873–4333 Fax: (213) 873–4334. San Gabriel Office address: 1045 E. Valley Blvd., #A215, San Gabriel, CA 91776. Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
( Published on June 6, 2009 in Asian Journal Los Angeles p C3 )
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