Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal: you can be in any state, or in any country in the world.

Contact Us | About Us

521 Fifth Avenue, Suite 1700, New York, NY 10175, U.S.A., Telephone: (212) 488-6899

USCIS Reminds Applicants for Adjustment of Status, and other benefits, to obtain ADVANCE PAROLE Before Holiday Travel Abroad

The USCIS issued a Press Release, on October 4, 2006, reminding Applicants for Adjustment of Status, and other benefits, to obtain ADVANCE PAROLE Before Holiday Travel Abroad.

The USCIS noted that individual who currently have “a pending application for adjustment of status to that of lawful permanent resident, a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203), a pending asylum application, or an approved application for Temporary Protected Status (TPS), to obtain Advance Parole….”

The USCIS also noted:

Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits. Individuals must be approved for Advance Parole before leaving the United States. Travel outside of the United States without Advance Parole may result in serious consequences, including being unable to return to the United States and having pending immigration-related applications denied. An asylum applicant who leaves the United States on advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application absent compelling reasons for such return.

The USCIS, also, noted that “Applicants planning travel abroad should plan ahead due to the busy holiday travel season.”

It is also important to remember that individuals who have unlawfully present in the U.S. may be barred from re-entering the U.S. even if they obtained advance parole. The USCIS stated:

Note:

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens 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 aliens 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. Aliens who are unlawfully present, and who depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.

With respect to refugees and asylees, the USCIS noted:

An alien who has been admitted as a refugee or has been granted asylum does not need to obtain advance parole, if applying for adjustment of status under the Immigration and Nationality Act (INA), however, such aliens need a refugee travel document in order to travel abroad.

Reader Comments

Advance Parol and Mabye "illegal Immigrant"?

Here is the problem/question. My wife and I married 28 June 2007; Her B-2 visa expired on 4 July 2007, and the USCIS got our paper work for I-485, I-131, etc... on 20 August 2007 and we got notification from the USCIS on 10 Oct 20007 that they had starting processing the paper work and cashed our checks.

My question is this, when my wifes visa expired on 4 July did that make (or does that make) her an Illegal Immigrant? We are trying to go to S.Korea in December and currently waiting for the advanced parole. After reading the document above, she has been here less then 180 days after the fact.

But the last sentence in that paragraph... "Aliens who are unlawfully present, and who depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status..." Does my wife fall under this sentence/paragraph? Meaning is if she classified as Unlawfully present due to the time lapse, regardless of ADVANCE PAROLE she may denied reentry?

Advance Parol and Mabye "illegal Immigrant"

You are right to be concerned. Assuming that you are a U.S. Citizen, your wife may still be able to obtain her green card even though she appears to have no longer been in status (i.e., assuming that her I-94 ended on 4 July 2007) (barring some type of fraud). However, under these circumstances, if she were to travel outside of the U.S., she may be denied reentry to the U.S. (i.e., subjected to the 3 or 10 year bar) because she was not in status when she filed for adjustment of status, and was thereby accumulating unlawful presence.

CAN I ADJUST STATUS THROUHG

CAN I ADJUST STATUS THROUHG MY US CITIZEN WIFE IF I ENTERED ILLEGALLY AFTER 2001 BUT HAVE TPS

Contact Antao & Chuang

To contact Antao & Chuang, fill out the following form and press the Send button:

(U.S. state, or country if outside the U.S.)
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
10 + 5 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.


Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

Recent comments

Antao & Chuang

AntaoandChuang.com

© 1996-2024 Antao & Chuang, Attorneys at Law

Important Notices/Disclaimers

This website located under the world wide web domain "AntaoAndChuang.com" ("website"), and any subdomains, are owned, and maintained by Antao & Chuang, Attorneys at Law, whose practice includes U.S. Immigration Law. Since U.S. Immigration Law is federal in nature, Antao & Chuang, Attorneys at Law, serves clients who are located throughout the U.S. and the world in U.S. immigration matters, from their offices located at 521 Fifth Avenue, Suite 1700, New York, N.Y. 10175. Antao & Chuang, Attorneys at Law’s attorneys are licensed attorneys in the states where they practice. However, since said states do not recognize any specialization in U.S. immigration law (attorneys in said states are simply licensed in said states to practice law in general), Antao & Chuang, Attorneys at Law does not claim any such specialization, and nothing on this site should be deemed to constitute any such claim. Antao & Chuang, Attorneys at Law does not claim expertise in the laws of states other than where our attorneys are licensed. This website is an advertisement. This website is provided as a public service and not intended to establish an attorney client relationship. Antao & Chuang, Attorneys at Law does not accept clients on the strength of advertising materials alone but only after following our own engagement procedures. Any reliance on information contained herein is taken at your own risk. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. See Terms of Use.