As the immigration law continues to tighten under the Trump administration, the requirements to apply for advanced parole is also becoming more complicated than before.
Those with work permits (H-1B), residential employees visas (L-1) and other valid visas are likely to have their advance parole applications denied if they opt to leave the U.S. before approval.
Previously, traveling without advanced parole was allowed as long as the visas were still valid.
“Even if you have advanced parole, your application to renew could be rejected if you travel abroad before everything is approved,” said lawyer Joo-yeon Song. “The reason for leaving the country is not considered for exemption. All applications for advanced parole are being rejected if the applicant leaves the country before approval.”
In some cases, those who leave the country may not even be allowed to return. If a green card applicant leaves the country before, the applicant could also be rejected.
“For example, if an undocumented immigrant marries a citizen and travels abroad even with the I-485, he or she may be turned down from returning to the U.S. if the application for the green card is still pending,” said lawyer Ki-joo Sung. “The immigration department is really clamping down on border control. It’s better for green card applicants to avoid traveling abroad.”
Advanced parole is also not the same as the re-entry permit.
“When you look at the advanced parole carefully, it states that a bearer who leaves the country before approval could have his or her application turned down,” said a USCIS employee. “There are some cases in which some people confuse advanced parole with the re-entry permit, but that could also lead to forfeiture of the green card if the bearer resides in a foreign country for more than a year.”