I Have a Pending Adjustment Application but I Need to Travel Now

I Have a Pending Adjustment Application but I need to Travel Now

What happens when an Alien has a pending Adjustment of Status Application to Permanent Resident but for some reason needs to travel outside the US prior to obtaining their green card? If the alien has not accumulated over 180 days of unlawful presence in the US, the solution is to obtain a travel document called an Advance Parole. Advance parole is permission for certain aliens who do not have a valid immigrant visa to reenter the U.S. after traveling abroad. Such aliens must be approved for advance parole before traveling abroad; they may not be permitted to reenter if they have not obtained it before leaving the U.S. Aliens who need advance parole before leaving the U.S. to enable them to return include aliens in the U.S. who have an application pending for adjustment of status, have been admitted as a refugee or have been granted asylum, have been granted temporary protected status, or have a pending asylum application.

Exceptions to the advance parole requirement are noted for H and L nonimmigrants maintaining status who may travel on a valid H or L visa, and refugee and asylee adjustment applicants who may travel outside the U.S. on a valid refugee travel document, without the need to obtain advance parole. Typically, it will take anywhere from 90 days to 150 days for the USCIS to decide on the Advance Parole application.

However, what happens if the alien has an emergency and needs to travel as soon as possible? This may be the situation when for example a close family member is severely ill overseas or passes away. Another example might be if the alien has a substantial business transaction overseas that needs the aliens personal appearance. Under those situations, it is possible to obtain an emergency or expedited advance parole within a few days provided your exigent circumstances are well documented. The alien will also need proof of a round trip ticket to and from the foreign country, their itinerary, proof of biometrics. Advance parole may be issued for multiple entry use and may be granted for a period up to 1 year.

If you have an emergency and have the need to travel as soon as possible, you should obtain the assistance of experienced immigration counsel.

Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does not create any attorney-client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation.

Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association for 2005. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. Mr. Reyes is a Certified Family Law Specialist. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive former CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kureyeslaw@gmail.com; visit at www.kenreyeslaw.com





INS INSTRUCTS OFFICES TO ACCEPT EARLIER VERSIONS OF ADJ USTMENT OF STATUS FORM UNTIL SEPTEMBER 30 77 NO. 34 Interpreter Releases 1289, *1290)

6. USCIS Issues Travel Advisory for Adjustment of Statu s Applicants 83 NO. 40 Interpreter Releases 2195, *2195)

USCIS also noted that travel outside the U.S. without advance parole "may have severe consequences for certain individuals who are in the process of adjusting their status. Such individuals may be unable to return" to the U.S. and/or may have their applications denied.

USCIS ISSUES ADVANCE PAROLE REMINDER 81 NO. 25 Interpreter Releases 799, *799)