Foreign Travel Advisory for Aliens
With Pending Immigration Applications
The U.S Citizen and Immigration Services urges all aliens with pending applications for adjustment of status or change of nonimmigrant status to consult with an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making any foreign travel plans.
Generally, aliens who have applied to adjust status to that of permanent resident must obtain Advance Parole from the USCIS(INS) before traveling abroad (see questions and answers below). However, due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status. Such aliens may be found inadmissible, their applications may be denied, or both.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years.
For more information, call the USCIS(INS) nationwide toll-free information service at 1-800-375-5283
Advance Parole is permission for certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. Such aliens must be approved for Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will not be permitted to re-enter the United States upon their return.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Aliens in the United States who have an emergent personal or bona fide reason to travel temporarily abroad and who have:
An application for adjustment of
status pending;
Been granted benefits under the
Family Unity Program;
Been granted Temporary Protected
Status; or
An asylum application pending.
Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status.
Note: An alien who has been admitted as a refugee or has been granted asylum does not need to obtain advance parole, but will require a Refugee Travel Document in order to re-enter the United States after travelling abroad. An application for a Refugee Travel Document must be filed on USCIS(INS) Form I-131, as described in A4 below.
In general, an alien must file USCIS(INS) Form I-131, Application for a Travel Document, complete with supporting documentation, photos and the $165 fee. Since filing procedures vary among USCIS(INS) District Offices, applicants for Advance Parole should contact their local USCIS(INS) office for specific directions.
Information on how to locate and contact your local District Office as well as copies of Form I-131 can be found on the USCIS(INS) Web site at www.immigration.gov. Forms also can be requested using USCIS(INS)’ toll-free forms request line 1-800-870-3676.
Does Advance Parole or a Refugee Travel Document guarantee admission into the United States?
A5
No, Advance Parole or a Refugee Travel Document does not guarantee admission into the United States. Aliens who have obtained Advance Parole or a Refugee Travel Document are still subject to the USCIS(INS) inspection process at the port of entry.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Can travel abroad still have severe consequences for certain aliens, even if they have obtained Advance Parole?
A6
Yes, due to changes to U.S. immigration law, travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status or changing their nonimmigrant status. Such aliens may be found inadmissible to the United States upon return and/or their applications for adjustment or change of status may be denied.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission, even if they have obtained Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.
Aliens who have concerns about their admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
We had filed for our Advance Parole for the first time and we received an RFE for all the three of us in our family - my son, my husband and myself. We all received an RFE on photographs. For now, my son's shows as approved online, but I have not received the AP yet. I received a letter saying that my AP is denied because of dark background in the photo. Can I re-file my AP?
A8
If you are still within USA, there is no problem in re-filing.
We are citizens of India. My wife and son are planning to travel to India on Advance Parole. My wife has a 20 years Indian Passport; we heard that we need to take some precautions while traveling on 20 years passport. Please advice.
A9
A person having a 20 years valid passport should get a new passport. Some countries have not recognized/approved 20 years validity of a passport.
Following documents are required:
i) Application for a new passport.
ii) 4 passport size photos, facing the camera with light background.
iii) 2 proof of address viz; Copy of utility bills - Driver's license.
Here is the link for more information. http://www.indianembassy.org/newsite/passport&visa.asp
1. It is better to have H1B visa petition approved and visa stamped on the passport for travel. If stamped visa has expired in the passport, one should have AP in hand before travel starts from USA.
2. Even if H1B or H4 visa is delayed or denied (for reasons other than criminal) at the foreign US consulate and also the H1B visa on the passport has expired, still one can travel using AP and the 485 applicant or beneficiary will not be held at the port of entry for lack of visa approval stamped on the passport or for the reason that visa approval process is on hold at the foreign consulate and as long as valid passport and AP are with the traveler.
3. Even with denial of H1B or H4 visa at the consulate, GC process will not be affected for that underlying reason for visa denial or refusal at the consulate, except for criminal mistake by the applicant or beneficiary.
4. AP can be applied even without applying for EAD.
5. AP can be used and renewed without going for consulate visa stamping until 485 is approved.
6. AP can be used for travel and H1B status petition approval can be used for working for the same employer.
A10
1.Yes.
2. Yes.
3. Yes. There could be other similar reasons like misrepresentations in the past, etc.
4. Yes.
5. Yes.
6. Yes.
