On August 18, 2017, the American Immigration Lawyers Association (AILA)* reported that USCIS has been denying Form I-131 advance parole (AP) applications in some instances, where applicants traveled outside the United States while the Form I-131 application was still pending.
Notably, these denials apparently impact both applicants with earlier-issued, still-valid AP documents, or valid H-1B or L-1 visa stamps. This is a significant change from previous USCIS practice. Previously, there had been no problems traveling on H-1B or L-1 visas (or earlier-issued AP documents) while a new AP application was pending.
USCIS has indicated that they are denying these Form I-131 applications because applicant travel abroad constitutes an “abandonment” of the pending Form I-131 advance parole application.
Because of this shift, Jackson & Hertogs advises that persons with pending I-131 AP applications should not travel outside the United States before the Form I-131 application is approved. There is a possibility that USCIS will deny the AP application, requiring AP applicants to resubmit a new I-131 application with new fees. (The underlying I-485 application would not necessarily be impacted, simply due to a Form I-131 denial.)
This will disproportionately impact foreign nationals with H-1B or L-1 status and their dependents, who have previously been able to travel abroad without worry that a pending advance parole application might be denied because of travel.
Persons in other nonimmigrant visa statuses, such as F-1, TN, H-1B1, O-1, or J-1, will continue to be subject to similar travel restrictions. Such visa holders with pending AP applications should not travel outside the United States until the AP is issued and received by the adjustment applicant.
*AILA is a bar association for immigration attorneys and practitioners in the United States.
For more information and background on advance parole, visit our FAQ and our website at this link.
Potentially affected foreign nationals should schedule a professional consultation with an immigration attorney before traveling abroad. Contact your team at Jackson & Hertogs well in advance of any travel outside the United States.
