Navigating International Travel with Advance Parole while your Adjustment of Status is Pending

If you're in the process of adjusting your status and looking to travel abroad, Advance Parole is a critical piece of the time-sensitive puzzle. This document or card ensures that you can travel without affecting your pending application for a green card. Our aim with this FAQ is to demystify Advance Parole for you. We've distilled the key information into a straightforward guide that addresses common questions and concerns. Whether it's understanding the combination card with the Employment Authorization Document (EAD) or knowing the right documents to carry, this guide is designed to provide clear, accessible answers. Travel confidently, knowing we're here to support you with the right legal advice for every step of your immigration journey.

Q: Does filing for EAD and Advance Parole together guarantee a combo card? 

A: In the past, filing Form I-765 for Employment Authorization Document and Form I-131 for Advance Parole concurrently would result in a single "combo card" that served both purposes. This card featured an "I-512 Advance Parole" notation. Recently, due to an initiative to expedite EAD issuance, these applications are often processed separately. If approved separately, you'll receive an EAD and a separate paper document for Advance Parole, the I-512L, which should be used exclusively for international travel.

Q: The I-94 issued upon entry with Advance Parole shows one-year validity. Do I need to renew this? 

A: The one-year validity on your I-94 after entering on Advance Parole is standard and does not necessitate renewal. The "DA" admission class signifies you as an adjustment applicant, entitling you to an authorized stay throughout your I-485 process without the need for an I-94 extension.

Q: What is my status when I enter on Advance Parole, and does it affect my work authorization? 

A: Entry on Advance Parole designates you as an adjustment applicant. If you hold a valid nonimmigrant status such as H-1B or L, USCIS acknowledges that you can seek to renew this status through standard procedures. This possibility extends to working on an unexpired H-1B or similar status. It's important to discuss with an immigration attorney to determine if an adjustment-based EAD or a nonimmigrant status-based authorization is preferable for your situation.

Q: Is there a way to expedite the I-131 application for Advance Parole? 

A: Standard options to expedite are limited for the I-131. There's no premium processing similar to other petitions. Expedite requests are typically only considered under urgent humanitarian circumstances or severe financial loss. Congressional offices can sometimes assist in emergency situations, and for cases with excessive delays, seeking redress through federal litigation is also an option.

Q: Does traveling on Advance Parole affect my continuous residence requirement for naturalization? 

A: Traveling on Advance Parole does not generally disrupt the continuous residence requirement for naturalization purposes, provided the trips are temporary and you maintain your primary residence in the United States. However, absences of six months or more may potentially affect the continuous residence requirement. It is always best to consult with an immigration attorney before extended travel to ensure that your naturalization eligibility remains unaffected.

Q: What's the typical validity period for emergency Advance Parole? 

A: Emergency Advance Parole is usually issued for the duration of the emergency itself, often significantly shorter than the standard two-year period. It may be valid for just the time necessary to address the emergency. Usually, this period for emergency advance parole is 30 days.

Q: Does traveling while my Advance Parole is pending risk denial of my application? 

A: According to USCIS policy, departing the U.S. before an Advance Parole document is granted will result in the abandonment and automatic denial of the pending I-131 application. In such cases, one must be prepared to re-enter the U.S. on a valid nonimmigrant visa and potentially reapply for Advance Parole. The only dual intent nonimmigrant visas that would allow for entry into the U.S. before issuance of an Advance Parole while an adjustment of status is pending would be an H-1 or L-1 visa–assuming the nonimmigrant has a current visa stamp in their passport. 

Q: Can I utilize my Advance Parole if it is approved while I'm outside the U.S.? 

A: If you receive approval for Advance Parole while abroad after departing the U.S., USCIS may later invalidate the document, as the approval could be considered an error. Therefore, it is advised not to use such a document to re-enter the United States.

Q: Which documents are essential when re-entering the U.S. on Advance Parole? 

A: You must present the valid Advance Parole document, which can be the combo card or the paper I-512L, alongside a copy of your I-485 receipt notice. Carrying your passport is, of course, also mandatory.

When using Advance Parole for entry, there is a possibility that your entry process may take slightly longer. They may take you to another area just so they don't hold up the regular Customs and Border Protection (CBP) admission lines. This area is called "secondary inspection," and is standard procedure at certain entry points and should not be a cause for concern. If this occurs, simply inform the officer that your Advance Parole is based on your pending I-485 marriage-based adjustment of status application. They just check the docs and then "parole" you into the country as an immigrant.

Because we file mostly family-based immigration cases, we are able to provide you with an idea of the patterns we are observing as of the date of this blog as far as Employment Authorization Document (EAD) and Advance Parole (AP) processing are concerned. Here is a summary:

• For the past year until mid-August 2023, EADs were being issued around 4 to 6 months after filing the adjustment of status (AOS) case. USCIS was prioritizing the issuance of the EADs and unfortunately, the Advance Paroles were being almost completely disregarded with AP processing times at 11.5 months consistently. Because this Advance Parole timeline was so close to the Green Card (GC) timeline (12 months), we saw that we went from EAD to GC, without the Advance Parole;

• Late August 2023 to late September 2023--USCIS began issuing the "EAD combo card" which is a combination EAD and Advance Parole card — this was much-welcomed news as this was always the way these cards had been printed until the pandemic hit.

• We have now observed this month that USCIS has gone back to issuing the EAD card without the Advance Parole permission on it.

• The current Advance Parole processing time is showing 10 months. 

We trust that this guide has clarified the essentials of traveling with Advance Parole as you await your green card. Keep these insights close at hand, and if additional questions arise or you require tailored counsel, feel free to contact us. Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.