Integrity Legal

27th October 2009

Recently the United States Citizenship and Immigration Service (USCIS) issued an update reminding foreign nationals in the United States about advance filing for advance parole travel documents. The American Immigration Lawyers Association website summed up this update:

“USCIS reminds individuals that they must obtain Advance Parole (permission to reenter the U.S. after traveling abroad) from USCIS before traveling abroad if they have: been granted TPS; pending application for adjustment of status to lawful permanent resident; a pending application for relief under NACARA 203; a pending asylum application; or a pending application for legalization.”

Advance parole is a particularly relevant issue with regard to those who enter the United States on a K1 fiance visa. K1 entrants have 90 days to marry and file for an adjustment of status. In many cases, applicants file for an advance parole travel document at the same time that they file for the adjustment. That being said, other applicants opt not to take this course of action. In the event of an emergency it may be possible to obtain an expedited advance parole, but these are only granted at the discretion of the adjudicating officer at the local office of USCIS that has jurisdiction over the Petitioner’s (and Beneficiary’s) place of residence.

Even where it may not be immediately necessary, there may be some benefit in applying for an advance parole travel document at the time of adjustment because one never knows what might happen and a sudden family emergency in the Beneficiary’s home country could have the doubly negative effect of causing the Beneficiary to fall out of lawful status, if she leaves the US, with the result that the entire visa process must begin anew.

Even though the K3 visa is a non-immigrant dual intent visa similar to the K1 visa, it does not require advance parole for the beneficiary because it is a multiple entry 2 year visa. Therefore, the K3 visa holder does not fall out of status if they depart the US while their adjustment of status petition is pending. The CR1 and IR1 visas are immigrant visas, therefore, the adjustment process has essentially been completed when the Beneficiary enters the USA. With that in mind, if the CR1 or IR1 visa holder intends to be outside of the United States for longer than 6 months it may be advisable to obtain a US reentry permit as this would forestall a presumption that the permanent resident has abandoned his or her US residence.


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3 Responses to “USCIS issues Advance Parole Recommendation”

  1. [...] There are many unlicensed “visa companies” operating outside of the United States of America. According to USCIS regulations no one is allowed to take money in exchange for providing advice regarding United States Immigration law unless they are a licensed attorney in one of the 50 US States or a territory of the United States. Thus, unless a client is dealing with a qualified US lawyer they should not be remitting fees for the services of a “visa agent,” or “lawyer” who cannot provide proof of proper licensure. If dealing with someone claiming to be an attorney or lawyer ask to see their credentials, if they cannot produce a state or Federal license to practice US law, then they are not allowed to represent clients before the United States Department of Homeland Security which includes the United States Citizenship and Immigration Service (USCIS). [...]

  2. [...] There are many unlicensed “visa companies” operating outside of the United States of America. According to USCIS regulations no one is allowed to take money in exchange for providing advice regarding United States Immigration law unless they are a licensed attorney in one of the 50 US States or a territory of the United States. Thus, unless a client is dealing with a qualified US lawyer they should not be remitting fees for the services of a “visa agent,” or “lawyer” who cannot provide proof of proper licensure. If dealing with someone claiming to be an attorney or lawyer ask to see their credentials, if they cannot produce a state or Federal license to practice US law, then they are not allowed to represent clients before the United States Department of Homeland Security which includes the United States Citizenship and Immigration Service (USCIS). [...]

  3. [...] There are many unlicensed “visa companies” operating outside of the United States of America. According to USCIS regulations no one is allowed to take money in exchange for providing advice regarding United States Immigration law unless they are a licensed attorney in one of the 50 US States or a territory of the United States. Thus, unless a client is dealing with a qualified US lawyer they should not be remitting fees for the services of a “visa agent,” or “lawyer” who cannot provide proof of proper licensure. If dealing with someone claiming to be an attorney or lawyer ask to see their credentials, if they cannot produce a state or Federal license to practice US law, then they are not allowed to represent clients before the United States Department of Homeland Security which includes the United States Citizenship and Immigration Service (USCIS). [...]

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