USCIS has begun denying advance parole when a person travels during their application’s pendency. The immigration service previously indicated it would not issue such denials when the applicant was otherwise permitted to travel during their adjustment. Unfortunately, the current administration’s new practice is likely to create more inconveniences for frequent travelers.
This policy change will affect individuals who are in H-1 or L-1 status and permitted to travel during adjustment pursuant to 8 CFR § 245.2(a)(4)(ii)(C). Unless the employee and their family are able to remain in the U.S. for approximately 3-4 months while the advance parole applications are processing, the employer will need to renew their underlying H or L. This strategy may necessitate additional USCIS extensions and/or consular visa applications but should maximize the ability to travel.
Another impacted group is individuals who currently have a valid advance parole document. If renewal of the advance parole is required, the applicant will need to remain in the U.S. while the renewal is processing.
Both companies and individuals need to account for these new logistical considerations moving forward. If you are impacted by this change, please contact Harry Gee & Associates immediately to minimize complications and travel delays.