Immigration Law

USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

By Robert Kraft

U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

    •    been granted Temporary Protected Status (TPS);

    •    a pending application for adjustment of status to 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

    •    a pending application for legalization.

Advance Parole is legal permission to reenter the United States after traveling abroad. Advance Parole is a rare and extraordinary measure used to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. Individuals requiring Advance Parole may not be allowed to enter the U.S. and may have their pending applications denied or administratively closed if they attempt to enter without Advance Parole. To obtain Advance Parole, individuals must file Form I-131 (Application for Travel Document), which is available on the USCIS website. Applicants should receive their travel document within 90 days of applying.

Please note that, under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, even if an alien who has been unlawfully present for certain periods of time obtains Advance Parole and then departs the U.S., he or she can be barred from admission to lawful permanent resident status. Further, those who are refugees or lawful permanent residents who were first refugees do not need to obtain Advance Parole. Such individuals should apply for a Refugee Travel Document using Form I-131 and comply with all USCIS requirements. However, asylum applicants, asylees, and lawful permanent residents who obtained that status based on their asylum status are subject to special rules regarding travel outside the United States. These individuals are strongly encouraged to review USCIS Fact Sheet regarding asylum and travel.

The USCIS also recommends that all individuals with pending applications for adjustment of status, NACARA 203, or asylum, consult an immigration attorney, an assistance organization accredited by the Board of Immigration Appeals, or call USCIS Customer Service Center at 1-800-375-5283 before making any travel plans.

For more information, please visit: http://www.uscis.gov.

Full post as published by Immigration Law Answers Blog on June 08, 2009 (boomark / email).