T5XAN

L1 visa runs out in about 1 year and no other visa options are available. Work authorization should be in place by then.....anyone got any advice about using Advanced Parole for vacation travel back to the UK before GC is in place?

Jerseygirl

Yes you need to get it or you probably won't be allowed back into the US.

dbj1000

Here's the situation as I understood it when my lawyer explained. Folinsky may correct me:

If you have any time remaining on your L1 visa, then it's best to re-enter on that.

Once you receive your EAD (I forget at what stage in your GC application precisely) you can apply for Advanced Parole documents, even if you still have time on your L1. However, if you use Advanced Parole on your return from a trip abroad, you are effectively abandoning your L1 visa, voiding any time remaining on it.

In my case, I received my EAD and AP documents three days before a planned trip to the UK. However, I had over a year still on my H1-B visa. My lawyer advised me to take the AP documents with me, but not to use them. This was partly because he wasn't confident that my National Interest Waiver GC would be granted, and he didn't want me to void my H1-B any earlier than necessary.

To be honest, I can't remember why I needed AP at all. It may be that between an I-485 being granted and a GC being issued, AP is necessary because any visa is no longer valid.

As it was, I re-entered on my H1-B, only to be told at the airport that the system showed my I-485 had been granted while I was away. The officer still didn't want my AP documents, and admitted me on my H1-B, but kindly welcomed my to the US as a new Permanent Resident.

Socal Local

My understanding is very much in line with what dbj1000 just explained. You can apply for EAD and AP at the same time you submit the I-485, but would only use them if you ran out of time on the visa. I believe the main issue is that you have less rights when paroled in compared to being in a valid visa state and this might be an issue if the I-485 was denied for any reason.

dbj1000

Exactly. If your I-485 is denied, and your visa is still valid, you can remain in the country for the rest of your visa validity. If you've used AP, and voided your visa, then you have to leave immediately if your I-485 is rejected.

T5XAN

Thanks all for the feedback. My situation is that the L1 visa will expire before the GC process is complete. I will have to use AP if I leave & re-enter the country for whatever reason. I was looking to see if there were any negative experiences using the AP to re-enter the US. Looks like it is an option for me. I realise that if we are close to getting GC we really should try to avoid leaving the US untill its all approved though.

Folinskyinla

Hi:

The "negative" aspect is that a "parole" is not an "admission" -- it creates a legal fiction that you are still at the airport in the immigration/customs enclosure -- an "arriving alien." If the adjustment is denied you will could be subject to detention without bond. Also, the as to job portability, the DHS has ruled that adjudication belongs to the Immigration Court only to determine the issue. In contrast, the Board of Immigration Appeals has ruled that portability adjudication belong to DHS only. However, this BIA decision has been overruled in the 4th, 5th and 6th Circuits of the Courts of Appeal.