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Friday, April 25, 2014

San Francisco Immigration Lawyer Q & A: Leaving the US while Advance Parole Application [I-131] is Pending

Question: I was granted asylum status 3 years ago. Based on that, I filed I-485 [application for adjustment of status] with an I-131 form for advance parole. On 08/23/11 my current Advance Parole will expire. I already filed for a new Advance Parole and did the biometrics [fingerprints] two month ago – but my new AP is still pending. I am supposed to leave the country in a week.

Is it possible for my husband to mail the AP letter after he receives it? Or do I have to pick it up in person? Is it going to affect our I-485 applications if I leave before getting the AP letter? Please, help!

Answer: I would wait for the AP. The general rule is if you travel before the advance parole document is issued, the I-485 application will be deemed abandoned. See Form I-131 Instructions, Page 4, Section 3 [Advance Parole Document], Part E, which states: If you travel before the advance parole document is issued, your application will be considered abandoned, if: (1) you depart the United States; or (2) the person. Seeking advance parole attempts to enter the United States before a decision is made on the application.

See link: http://www.uscis.gov/files/form/i-131instr.pdf

There are some exceptions for certain individuals in H, L, K or V status AND restrictions for asylees [I believe focused on traveling to the country of claimed persecution].

Please let me know if I may be of further assistance.


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