. .

Advance parole - Can I travel outside the united states?

 
All too many clients come into the office asking whether they can travel to their home country for the holidays, for a funeral, for a wedding, to visit a sick relative or simply because they miss their family. If you are in the United States and wish to travel abroad, you must consider whether you require permission to travel outside the United States and what consequences your trip may have on your immigration status in the United States.

Individuals with a pending application for adjustment of status to that of lawful permanent resident (green card applicants) must obtain an Advance Parole, before traveling abroad. An Advance Parole is a document granting permission to travel outside the United States and permission to re-enter the United States to resume the processing of the application for adjustment of status (green card application).

Upon returning to the United States without Advance Parole, the Department of Homeland Security may deny an individual’s application for adjustment of status, or worse yet, the Department of Homeland Security may deny re-entry into the United States.

Not everyone with an application for adjustment of status is eligible to travel on advance parole. Under current U.S. immigration law, individuals who depart the United States after being present unlawfully in the United States can be barred from obtaining lawful permanent residence.

If an individual has been unlawfully present in the United States for more than 180 days but less than one year, the individual may be inadmissible for three years from the date of departure from the United States. If the individual has been unlawfully present in the United States for one year or more, the individual may be inadmissible for ten years from the date of departure from the United States. To be considered to have been unlawfully present in the United States, an individual would have entered the United States without inspection (entered without a visa or illegal entry) or having entered with a visa or paroled into the United States, the individual remains in the United States beyond the period of authorized stay.

Although Advance Parole may allow you to return to the United States, your departure from the United States may trigger the three- or ten-year bar. Once you return to the United States and the processing of the application for adjustment of status is resumed and you have triggered the three- or ten-year bar, you are no longer admissible into the United States. In order for your application for adjustment of status to be approved, you will require a waiver of inadmissibility. A waiver of inadmissibility is only granted where individuals who can show an extreme hardship to a United States citizen or lawful permanent resident spouse, child or parent for humanitarian reasons or to maintain family unity.
 

Spar & Bernstein on YouTube Make a Payment Book a Consultation Podcasts