+1-800-997-1228
Questions & Answers

Can I file for advance parole after my I-526 is approved?

I am currently a B1/2 visa holder in United States and my I-526 just got approved. When I file I-485, can I simultaneously file for advance parole? What do I need to do to file both of them at the same time? Also, if my advanced parole gets approved, does that mean I can return to my home country any time without running the risk of abandoning my I-485 filing?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may apply for advance parole in conjunction with the I-485 adjustment of status. The approval of advance parole will help avoid any issues of abandonment of conditional permanent residence.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The answer is yes. You may apply for advance parole (Form I-131) along with your adjustment of status (I-485). You should also apply for employment authorization (I-765). Do not leave the United States after you file your I-485 and before you receive your travel permission.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    The advance parole is filed at the same time of the adjustment of status and does permit travel prior to the adjudication of the I-485. I will be happy to be of help.

  • Avatar

    Roberto Ortiz

    Immigration Attorney
    Answered on

    When you apply for your I-485, you will be able to apply for your advance parole and your work authorization. Usually, the advance parole and the work authorization arrive within 90-120 days from the time of filing. Once you have the advance parole, you will be able to travel as long as your B1/2 status never expired. If you have any questions, please do not hesitate to contact me.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes advance parole and work card are typically requested with the I-485 filing ? take about 60-90 days after filing. Let us know if you need help.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can file the advance parole application along with your I-485 application, as well as an application for employment authorization document. And yes, by traveling using the advance parole you avoid abandoning your I-485 application.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    On the basis you are currently maintaining B-1 or B-2 status in the U.S. and on the basis of an approved I-526 petition, you may file an I-485 application for conditional permanent residency in the U.S.with the Application for Advance Parole . With the approval of the advance parole you may leave the US and return legally to the US before the approval of the conditional permanent residency.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Filing an adjustment while in B-2 visitor status, together with an advance parole travel request is possible, but aggressive. You really need to meet with your lawyer, and make sure there are no visa fraud issues that can render you permanently inadmissible.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can file for advance parole. It is usually advisable to file it together with your I-485. If it is approved, you can return to your home country or travel to anywhere else and still be able to return to the U.S. without abandoning your I-485 filing.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    With the adjustment of status, you can apply for advanced parole and employment authorization for the purpose of working and traveling before obtaining the green card (which allows you to do both). Yes, with the AP you could travel, but be aware you may need to be in the United States for interviews and other necessary appointments.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The adjustment of status application contains employment authorization and advance parole together. Your attorney who helped you with I-526 should be able to do all that for you.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes, you can apply for advance parole together with your I-485 filing and yes, you will be able to travel home as soon as you get it (most likely, within a couple of months), without any risk of abandoning your I-485 - assuming it''s just a brief trip to see your family.

  • Avatar

    Christian Schmidt

    Immigration Attorney
    Answered on

    You can file the I-131 application for AP concurrently with I-485 and will be able to travel while your I-485 is pending, AFTER you received the parole document.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.