Certain aliens, who do not have a valid immigration visa, but are waiting for an Adjustment of Status, and wish to travel abroad while their case is pending, must apply for permission to re-enter the United States on their return. This permission is known as Advance Parole.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 states that aliens who depart the United States after being unlawfully present in the U.S. for certain periods can be barred from admission, even if they have obtained Advance Parole. Persons who have stayed illegally in the U.S. for more than 180 days but less than one year are not allowed re-entry for three years, whereas those who have stayed for more than one year are inadmissible for ten years.
Advance Parole is given only to those aliens who have:
- an application for Adjustment of Status pending
- been admitted as a refugee
- an asylum application pending
- been granted benefits under the Family Unity Program
- a bona-fide reason to travel abroad (business, family emergencies, etc.)
Note: Aliens holding a valid H-1B (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visa and their dependents who have filed for Adjustment of Status do not have to file for Advance Parole as long as they maintain their non-immigrant status, though it is a good ‘safety net’ to have.
Important Note: Advance Parole does not guarantee re-entry into the United States. Aliens who have obtained advance parole are still subject to the INS inspection process at the port of entry.
The information in this article is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice and does not establish an attorney-client relationship between Jethmalani & Nallaseth and the viewer.