March 26, 2019

March 26, 2019

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March 25, 2019

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USCIS Denying Pending Advance Parole Applications

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is pending. The Advance Parole is filed as part of the adjustment of status/permanent resident application and allows applicants to travel abroad and return to the U.S. without abandoning the adjustment of status application. It is typically issued jointly with the Employment Authorization Document (EAD) in a combined card. EAD cards continue to be issued despite travel. Adjustment of status applicants with valid L or H status may continue to travel with valid L and H visas. Other applicants who plan to travel internationally must either extend L or H visas or remain in the U.S. until the Advance Parole is issued, which is currently approximately four months after filing.

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About this Author

Kimberly A. Clarke, Varnum, Immigration Lawyer
Partner

Kim focuses her practice on immigration matters, including nonimmigrant petitions, both employment- and family-based permanent residence applications, expatriation and foreign visa issues. She has developed a strong background in the area of worker verification issues and managed clients through internal and agency Form I-9 audits, USICE compliance investigations and civil criminal charges.

In addition, Kim maintains a specialty practice of consultation with agricultural clients and handles various agricultural labor and employment issues such as compliance with...

616-336-6441
Nina A. Thekdi, immigration lawyer, Varnum
Partner

Nina focuses her practice on business and family-based immigration matters.  Her experience encompasses nonimmigrant visa petitions including H-1B visas, L-1A and L-1B visas, TN visas under the NAFTA treaty, and O-1 visas. She also assists clients with employment-based permanent residence petitions including the labor certifications process, EB-1 extraordinary ability, EB-1 outstanding professor and researchers and EB-1 multinational managers and executives petitions; family-based permanent residence applications; naturalization applications; and foreign visa issues.   She guides clients through the process of obtaining short-term visas and permanent residence status for skilled personnel, including technical professionals, accountants, scientists, managers and executives.  Nina also provides counsel regarding effective immigration compliance programs.

248-567-7406