Search
Contact
Login
Share this article
In a policy shift, U.S. Citizenship and Immigration Services has reportedly been denying advance parole applications of applicants who travel outside the U.S. during the pendency of their application.
H and L visa holders whose green card applications are pending typically apply for advance parole as a secondary travel document allowing re-entry to the U.S., particularly by those whose visas are nearing expiration. Under previous policy, advance parole was routinely granted to H and L holders who traveled during the pendency of their advance parole applications.
Key points:
Background: The policy likely derives from instructions for the advance parole form (I-131), which says if the applicant departs the U.S. before an advance parole document is issued, the advance parole application will be considered abandoned.
BAL Analysis: Employees holding H or L visas should plan several months in advance before traveling abroad and are advised either to wait for an approval of their advance parole document before they embark on international travel or plan to obtain a new H or L visa stamp at a U.S. consulate during their trip. Individuals who may be affected by this issue are encouraged to consult their BAL professional.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications. PERM Processing: As…
Immigrant visa issuance continued to climb in fiscal year 2023, surpassing pre-pandemic totals, according to recently published State…
EU member states’ ambassadors have agreed on a draft regulation that would let the EU suspend visa-free travel for countries…
U.S. Citizenship and Immigration Services announced this week that it will implement a streamlined process to provide Employment…