Lang Wallace LLC Blog

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.


Archived Posts

2019
2018
2016
2015
2014
August
June
May
April
March
February
January


Lang Wallace LLC is based in Annandale Virginia, USA near Washington D.C. and serves clients throughout the United States and globally.

American Immigration Lawyers Assocaition
Society for Human Resource Management
Center for Association Leadership
US Counsel of International Business
NFIB Member



© 2024 Lang Wallace LLC | Disclaimer
3900 Rose Lane, Annandale, VA 22003
| Phone: 703-531-0790

Practice Areas | Immigration for Corporations | Immigration for Individuals | I-9 Compliance | EB-5 Investor Visas | E-1 and E-2 Visas | H-1B Specialty Workers Visa | L-1 Company Transfer Visas | Permanent Residence | U.S. Citizenship | | About Us

FacebookTwitterLinked-In Company

-
-