Changes in Advance Parole may affect Adjustment of Status applicants

USCIS has implemented a new policy relating to Advance Parole.   The new policy relates to only two situations:

1. Persons holding H, L or K visas are not affected by the new policy in that they are not required to obtain Advance Parole before leaving the U.S., if they have an adjustment of status application pending.    However, these visa holders have the option of obtaining advance parole.  The new policy will therefore affect these new applicants if they do apply for Advance Parole but leave the U.S. while the advance parole application is pending.   The advance parole application will be considered abandoned and will be denied.  In that situation, these applicants will have to enter on their valid H, L or K visas.

2. Persons that have valid advance parole, pursuant to a pending adjustment application can travel with that valid advance parole.  However, if they have also filed to renew their advance parole, traveling outside the U.S. will be considered an abandonment of the pending advance parole.

The rationale for the policy change is not clear; however, clients and applicants for advance parole should be aware of the changes.