INS Limiting Period of Admission to 1 Year When Advance Parole Used
Courtesy of AILA
Advance Parole is a travel document used to facilitate travel outside the U.S.
for individuals who have a pending I-485 Adjustment of Status (AOS) application
for permanent residency.
For reference, traveling without "advance" clearance, i.e., Advance Parole,
from the INS and after an I-485 AOS application has been filed, would permit
the INS to deem that the person has abandoned the adjustment of status
application and would make the application null and void. The exception is for
H and L nonimmigrants who are permitted to travel without Advance Parole and
doing so will not affect the AOS application, provided they have a valid H/L
visa and have remaining H/L eligibility.
In the past, INS annotated the I-94 Form to show that the individual returning
from abroad using an Advance Parole, has been admitted back into the U.S. for
an indefinite period of time. However, INS has changed its policy and will now
only grant a period of admission of up to 1 year.
It is not clear what the result would be if the adjustment of status
application is still pending as the 1 year period of admission is set to expire
- INS has not indicated whether an "extension" application will need to be
filed or whether an individual must report to a local INS office to obtain an
extension of stay in the U.S.
In the past, an adjustment of status applicant has been authorized to remain
indefinitely in the U.S. until INS has adjudicated the application. We will
provide any clarification on this issue as it becomes available.
