Frequently Asked Questions Regarding Advance Parole

Frequently Asked Questions Regarding Advance Parole

 

What are the benefits of Advance Parole?

There are two main benefits of advance parole:

  • it enables a noncitizen to come back to the U.S. after traveling abroad without the necessity of obtaining a visa to enter the U.S.
  • it preserves the adjustment of status application pending with the USCIS.

What is the difference between an Advanced Parole and a Reentry Permit?

 

An Advanced Parole Approval is issued to a noncitizen who does not have permanent resident status. A Reentry Permit is issued to a permanent resident of the U.S.  The two documents look different and are easy to tell apart. An  advanced Parole Approval is a single piece of paper bearing the noncitizen's photo, while a reentry Permit looks like a passport.

 

An Advanced Parole Approval acts as a visa to the U.S., while a Reentry Permit functions like a passport. This means that a noncitizen with an Advanced Parole Approval still needs a foreign passport to enter into the U.S., while a permanent resident with a Re-entry Permit does not need a foreign passport to enter the U.S.  The duration of validity is also different.  An Advanced Parole is valid for one year, whereas a Re-entry Permit is valid for two years. For more information, please visit our section on reentry permits.  [LINK TO REENTRY PERMITS]

 

Do I need to apply for Advance Parole?  I am an H-1B holder, and I have filed an Application to Register Permanent Residence or Adjust Status with USCIS.

 

No, you do not need to apply for advance parole.  As long as you maintain your valid H-1B status before you leave the U.S., you may try to apply for an H-1B visa to re-enter the U.S. after your travels abroad. When you return to work for your H-1B sponsoring employer, your Application to Register Permanent Residence or Adjust Status is preserved.  Be aware that if you come back to the U.S. with an Advance Parole, you are considered to be in parolee status; however, you do not need an EAD to work for your H-1 sponsoring employer.   You can still apply for an extension of H-1B status or transfer H-1B status to bring you back into H-1B status from parolee status.

 

I am an H-1B holder, and my Application to Register Permanent Residence or Adjust Status is pending. I want to travel abroad; can I get an H-1B visa to re-enter the U.S. or do I need to apply for an Advance Parole?

 

To safeguard that you can go back to the U.S., we recommend that you apply for Advance Parole and get it before you travel abroad. You should bring your Advance Parole with you, but always try to apply for your H-1B visa first. If your H-1B visa application is denied, your Advance Parole will serve as a back-up.

 

I was an H-1B holder, and used my Advance Parole to re-enter the U.S.  Does that change my status?

 

Your status depends on a few factors.  If you resume your employment with the same employer for whom you had previously been authorized to work as an H-1 non-immigrant, and do not use your EAD, you are in parolee status.   You can still apply for an extension of H-1B status or transfer H-1B status to bring you back into H-1B status from parolee status.  However, if after being paroled (by using an Advanced Parole document), you work for your current employer with your EAD or change employers with your EAD, you will no longer have a valid H-1B non-immigrant status, even though you can still lawfully stay in the U.S. during the Application to Register Permanent Residence or Adjust Status pending period.

 

I was an L-1 holder, and used my Advance Parole to come back the U.S. Am I still in L-1 status?

 

No, because you used your Advance Parole document. If you resume your employment with the same employer for whom you had previously been authorized to work as an L-1 non-immigrant, and do not use your EAD, you will be in parolee status.  You can still apply for an extension of L-1 status and this will bring you back to valid L-1 status.  However, if after being paroled in, you change employers or work for your current employer with your EAD, you will no longer be able to bring you back to a L-1 status, even though you can still lawfully stay in the U.S. during the Application to Register Permanent Residence or Adjust Status pending period.

Comments are closed.