The US Citizenship and Immigration Services (USCIS) recently announced that it will issue both employment authorization and advance parole on a single card for certain people with pending adjustment of status applications (Form I-485). The card looks similar to the existing Employment Authorization Document (EAD), but will include text that states, “Serves as I-512 Advanced Parole.” (The current practice is to issue a paper advance parole document, separate from the plastic EAD card.)
According to the USCIS, the combined EAD and Advanced Parole card allows an applicant for adjustment of status to travel abroad and return to the US without abandoning his or her pending adjustment of status application. However, for people who have been out of status before they filed adjustment of status, travelling on Advanced Parole could have severe consequences, including being stopped at the airport and not being allowed to return to the US, being found “inadmissible,” having their adjustment of status denied, and/or being subject to a 3/10 year bar.
I know that many people with pending adjustment of status applications are anxious to travel back to the Philippines, whether for a vacation, visit relatives, or for emergencies. As soon as they hear about advanced parole, they stop listening any further, obtain advance parole, and go home, only to find that they are later banned from returning to the US or their adjustment of status is denied.
Simply put, the new single card policy has not changed the rules. It is still dangerous for somebody who had been out of status to leave the US unless and until they get their green card. In fact, the USCIS’ own press release about this combined employment authorization/advanced parole card specifically states, “Individuals who have been unlawfully present in the US [TNT] and subsequently depart and seek re-entry through a grant of parole maybe inadmissible and ineligible to adjust their status.”
In their accompanying Frequently Asked Question (FAQ’s) about this new card, one of the questions is, “If I receive this card, does that guarantee my re-entry into the United States if I travel?” The answer is “No,” repeating the warning that anyone who had been unlawfully present in the US and departed the US through advance parole could later be found inadmissible.
In addition, the instructions to the existing advanced parole application (Form I-131) includes a section about, “Travel Warning Regarding Unlawful Presence,” noting that people who have been out of status for more than six months before they filed their adjustment of status application could be banned for between three and ten years if they travelled outside the US pursuant to advance parole.
I know of many people who had been tago ng tago and nevertheless applied for advance parole. When it was granted, they mistakenly believed that somehow it was “OK” to travel. After all, USCIS gave them permission to travel. They did not realize that travelling, even on advance parole, could trigger the 3/10 year bar.
Therefore, if you have an adjustment of status application pending and are thinking of departing the US on advance parole, I would strongly suggest that you seek the advice of a reputable attorney, who can evaluate your situation and determine if it truly is “safe” to leave the US
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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