Travelers Beware! Advance Parole Petitions Being Denied

In a reversal of policy, USCIS has recently been denying pending Form I-131 “advance parole” applications of foreign nationals who leave the United States while that petition is pending, even when the foreign national has an existing valid advance parole document or a valid H, K, L or V visa to return to the United States. While such individuals are allowed back in the United States on their existing advance parole document or valid nonimmigrant visa, they are being forced to refile Form I-131.

Since USCIS is taking at least 90 days to adjudicate advance parole applications, foreign nationals may want to consider avoiding travel outside the United States while their advance parole petitions are pending.

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