Advance parole advisory - Immigration Notes

Advance parole advisory If you have a pending application for adjustment of status, you can generally apply for advance parole to enable you to leave the US pending the processing of your application and reenter to resume your application.

A word of caution, you could be barred from reentering the U.S. even with an advance parole.

Advance parole is permission granted by the Immigration Service to certain aliens who do not have a valid visa to reenter the U.S. after traveling abroad. The following aliens are eligible to apply for advance parole:

Advance Parole however, does not guarantee admission into the United States. The alien is still subject to the inspection process at the port of entry. If an alien meets the criteria for inadmissibility, he could be barred from entry notwithstanding an Advance Parole.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the US after overstaying their lawful status in the US could be barred from admission, even if they present an Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.

If you have a pending adjustment application and your lawful authorized stay has expired, verify the period of unauthorized stay before departing with an advance parole. If you have overstayed in the U.S. for more than 180 days, just stay put and wait for the adjudication of your adjustment application.