rpjs

Breaking News for Individuals Filing for (or Traveling on) Advance Parole | Brown Immigration Law PC, LLO

It would seem USCIS is now denying AP applications, and treating the underlying application for AoS as abandoned, if the applicant travels abroad before the AP is approved.

Jack8602

That's ridiculous if that's now the case.

Is that just the findings of cases submitted through one law firm though? I recently got my AP without issue, i can't find any USCIS documentation on this policy change

Rete

The article states: "We want to emphasize that for those in H or L status with pending Adjustment of Status applications who have traveled prior to the Advance Parole being issued, your Advance Parole application may receive a denial. However, please know that this will not affect the pending Adjustment of Status application."

It has always been that one should not leave until they have advance parole in hand as to leave without it would be an abandonment of the adjustment of status petition.

Of course, the article is dealing only with adjustment of status for those who are here in the US on a work visa. But I'm assuming that this might well carry over to immediate relative adjustment.

Actually, back in the late 90's it was not unheard of for advance parole to be denied for those adjusting based on marriage to a USC.

Fred16

My attorneys told me about this some months ago,so have delayed AOS as they knew we had a trip book for last week of Sep. They are going to file as soon as we are back.

scrubbedexpat099

Also applies to K3 but nothing new.