Advance Parole

Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

Concerns and issues while parents are traveling to India with Advance Parole while waiting for the Green Card

Question details

I am a U.S. citizen and I had applied for a green card for my parents and they were in the USA and now they have received their Advance Parole.

1. When our parents have Advance Parole, is there any special process to leave the U.S.?

2. Do we need to inform the airline staff during their check in process?

3. Even though Advance Parole documents specify that parole is valid for one year, is there any advisable timeline they could stay in India on Advance Parole?

4. What is the process for entering the USA on Advance Parole besides showing their parole documents to the CBP (Customs and Border Protection) officer at the airport?

5. Any instructions or guidelines for using Advance Parole?

6. What if their Green card gets approved while they are in India?

1. The answer is No.

Entry into the U.S. using the Advance Parole after green card approval during a trip abroad

Question details

Background: Applied I-485 application under EB3 after downgrade from EB2 in 2020. Refiled another I- 485 application under EB2 in 2021. Received EAD/ AP combo card from EB3 application in Jan 2022. Used it to travel out of country in July 2022. Green card approved in EB2 category while out of country. Entered USA using the Advance Parole from EB3 in August 2022 as the green card was in mailbox in USA. At Port of Entry, I informed them about the approval of I-485. However, they paroled me in for 1 year until August 2023 and stamped Advance pare in my passport. I collected my physical card from the mailbox after reaching my home.

Question

What is my status now- Green card or Advance parole?  Any impact on my green card status with that AP stamp as I used AP from EB3 after approval of green card from EB2?  I did not receive any notice form USCIS about withdrawing EB3 application after they granted green card under EB2. Should I ask USCIS to cancel the EB3 application or assume that it is automatically canceled by USCIS?

 

Video URL
FAQ Transcript

You can contact the Customs and Border Protection (CBP) and go to one of their offices which is usually at the airport. They are called Deferred Inspection. As a green card holder, they might be able to change your I-94 or your admission to a green card holder. I would also like you to double check first with the CBP and then with the congressman.
 

Was the Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?

Question details

Background:

1) PD - Initial Filing - EB2 MAR 2014 (Two Different EB2 filings with two different employers A and B)
3) Downgraded to EB3 with Employer B (New Petition but using the same EB2 PERM with Employer B) In Nov 2020, Filed I-485 Concurrently
3) Change to a different Full-Time AC21 - Same or Similar Role (Employer C) - Using AOS EAD
4) I-485 Got Approved in E26 Category (EB-2) before any I-485J submission whatsoever.
4) Initiated an inquiry with the Congressman to confirm this card is legitimate for usage and no errors / issues; still waiting on USCIS Response.
5) Spouse's I-485 also Got Approved about 2 weeks AFTER this inquiry was already sent over to USCIS (E27 Category).

Questions:

1) Suppose that a congressman's written response from USCIS comes back affirmative for legitimacy of the approvals quoting USCIS discretionary authority. There is also a recent trend of many such approved cases where the applicant had at least one prior approved EB-2 petition with PD current - so this situation does not seem to be unique any more.
Should we still then pursue USCIS E-Request / I-90 submission avenues from our side - would it really be worth to continue stretching this any further at that point ?

2) You had indicated that until notified otherwise, this LPR card can be used for Travel Purposes. Can it also be used to say take up a second week-end / part time job, renewal of driver's licenses etc. ?

3) If you use this card for any of the above purposes, and unfortunately USCIS response were to be negative, do you lose your status - have to do any reinstatement etc. particularly in the travel situation usage of LPR Card ?

4) Can you continue using your AOS EAD / AP instead during this seemingly weird time window, since that also is a USCIS-issued valid non-expired travel and work authorization ? In general, can you continue its usage until the expiry date, regardless of your I-485 status ?
 

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FAQ Transcript

1. I would suggest that you submit the E-request with an I-90 saying this green card appears to have been approved with an error.

2. My advice would be to avoid it if you can. But if you have to I think you can argue quite successfully that  travel was valid and it does not affect your pending green card.

3. I do not think so because you have an EAD/Advance Parole. 

4. I think you have  a pretty strong argument. You can definitely continue using your EAD, but do not use your Advance Parole if you can.

 

Recording of Sept 15, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Citizenship and Naturalization

Discussion Topics:

FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||

EB3 to EB2 interfile after using Advance parole

Question details

My current stamped visa has expired, I've received EAD & Advance parole (EB3) which is valid till July 2023. I'm still on H1B and haven't used EAD or advance parole. I've a 4 days closed loop cruise trip planned from Florida to the Bahamas. I would be using my advance parole to re-enter the country. If I use advance parole (EB3) to re-enter the country , can I interfile in EB2? Would using advance parole (EB3) to re-enter the country change my status to immigrant and impact my ability to iterfile in EB2?

Read my comment on my blog. The USCIS has said they will permit interfiling even after reentry on advance parole.

FAQ Transcript

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

"Same or similar job" criteria for green card AC21 portability

Question details

1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)

Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
 

Video URL
FAQ Transcript

1. Absolutely fine. There is no law that states that in order to enjoy job portability you must necessarily use your EAD. In fact, in ninety nine percent of the cases I would advise you to transfer on H-1B simply because if there is a problem with your I-485 we are on solid footing to fight it out, otherwise you would be out of status and unlawfully present if your I-485 is denied. Hence definitely keep your H-1B active.
 
2. That depends. It doesn't have to be a one-on-one match job location. You can move from one state to another as this is a part of AC21 compensation. The only time you will have a problem is if the compensation is unexplained and it's a huge jump. Always ask an attorney who understands your situation to review your file. 
 

 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

EB-3 to EB-2 interfiling after using Advance Parole. Reverting back to EB-3 if needed

Question details

I have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.

1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?

Video URL
FAQ Transcript

1. The answer is yes. USCIS has made it clear that even if you have used the advanced parole the center will still allow you to do your interfiling as long as the dates for final action dates are current. Please refer the blog for more information: https://immigration.com/blogs

2. According to the USCIS you may only do so once. Although I don't know why I think it's improper enforcement of law and procedure but that's what the USCIS has said. Therefore, it is still possible, but you cannot interfile. However, in my view you can always file another I-485 to also activate the EB-3 from which you have already taken out the pre-existing I-485. Hence, I do not see any problem with filing a second I-485.

 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

The Economic Times NRI Helpdesk: Can I extend my US visitor visa before it expires? And other FAQ's answered by Rajiv S. Khanna

Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.

Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.