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How can I file a renewal of advance parole with a pending I-485 and travel with an expiring advance parole?

I have a pending EB-5-based I-485 application that was filed last February. My advance parole (AP) document will expire in 60 days. I need to file a renewal application. Meanwhile, I will be traveling internationally next week on my current AP. Is it okay if I file the renewal application before I leave the country and use my current AP to enter the border when I return? Do I need to wait until I return the U.S. to file for the renewal?

Answers

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As long as you get back into the US before your current AP expiring, you should be fine. Your filing a renewal form, will not be a problem. The following is the USCIS policy on this matter and deals with Emergency Travel. “At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.” In other words, you can certainly apply for the second AP while your current one is still unexpired. Make sure that your current AP is still valid by the time you need to re-enter the US. As long as that is the case, you will have no problem. If while you are abroad, your current AP expires, the new one you file before you leave the US will be denied. If you are afraid that your current AP might expire before you will want to re-enter the US, you could consider making an expedite request if the reason for your travel falls into the emergency categories defined by USCIS.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Are you going to return while the current AP is still valid? It's valid every day until the last date on the card. Since you can file for a renewal up to six months before the expiration, you probably can use the current AP for returning even if you file for the new AP first.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may file renewal and travel on a valid current AP. You will need to return to the U.S. before current AP expires. You may also be required to process for biometrics for the renewal.

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    Jan Pederson

    Immigration Attorney
    Answered on

    USCIS is now denying parole extensions if you leave the country.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The policy regarding overseas travel while an I-131 application for advance parole is pending has been recently updated by the USCIS. Presently, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as long as that individual has an unexpired advance parole document that remains valid through until the return date to the United States. However, if a person with a pending advance parole application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You can file it now.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    That will work. Be sure to return before current AP expires, though.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, file your application to renew your advance parole before you leave the country, and use your current advance parole to re-enter the U.S.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can travel with the current advance parole, which you still have 60 days on before expiration, and return to the U.S. It is advisable, though, that you should file for the replacement of the AP as well and secure the receipt of your filing as soon as possible. One of few things to consider is that you need to determine how long do you intend to stay outside the country: either a brief period of time or a long time well beyond the expiration of your AP. Furthermore, if you are going to return before your current AP expires, it is fine. The essence of an AP is to prevent a pending I-485 from being deemed abandoned for lack of an AP. Advisably, consult an attorney if your planned travel is likely to go beyond the expiration date of current AP.

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