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We have recently been informed of increased scrutiny at ports of entry for travelers using Advance Parole (AP) documents based on pending adjustment of status (AOS) applications.
Key Updates
- AP remains valid, but as always, re-entry is not guaranteed and continues to be subject to US Customs and Border Protection discretion.
- Longer processing times and additional inspections may occur.
- Some travelers may face entry denials or face removal proceedings (or even detention) after entry, with one of the following risk factors:
- Prior periods of unlawful presence or overstay;
- Entry on AP without maintaining an underlying nonimmigrant status;
- Withdrawal or denial of an underlying nonimmigrant petition;
- Prior SEVIS termination or filing adjustment of status during the grace period;
- Unauthorized employment;
- Enrolling children in school while on a visitors visa;
- Visa cancellation or revocation;
- Criminal conviction or an arrest or charges that resulted in fingerprinting;
- Documented immigrant intent prior to filing an adjustment of status; and/or
- Anything else unusual in someone’s immigration history.
- Non-essential travel is generally discouraged until there is more clarification and stabilization in policies/guidance.
Due to increased scrutiny at ports of entry, it is recommended that you travel internationally only if necessary and carry all relevant immigration documents. The essential documentation you should carry with you includes:
- Advance Parole Travel Document (Form I-512L) (Form I-797 or “combo card”):
- Ensure that your Advance Parole document is valid with an expiration date after your planned re-entry into the U.S.
- Verify that the document has no restrictions that limit your return, based on your travel destinations.
- Note: the original AP document should be carried at re-entry; not a copy.
- Valid Passport:
- Your passport must be valid at the time of your re-entry. We recommend that the passport expiration date be at least six months beyond the date of your intended return to the U.S.
- Proof of Pending or Approved I-526/E Petition and Pending Adjustment Application
- Carry a copy of your Form I-526/E receipt notice or approval notice (Notice of Action) showing that your petition is pending or has been approved.
- Carry a copy of your Form I-485 receipt notice showing your adjustment of status application is pending.
- Proof of Approved Advance Parole Application
- Carry a copy of your Form I-131 approval notice (Notice of Action) as additional evidence that your Advance Parole application was approved.
- Supporting Documentation Related to the Purpose of Travel:
- Depending on the nature of your travel, it is advisable to carry documents that support the reason for your trip, especially if it is related to humanitarian, employment, or educational purposes.
- Evidence of Ties to the U.S.:
- Documents that demonstrate your intent to return to the U.S., such as a lease or property deed, employment documentation, or family ties, can be helpful during re-entry.
- Additional Identification:
- It may be beneficial to carry additional forms of identification, such as a driver’s license or state ID.
Clients should also be prepared for expanded social media screening and potentially phone searches when entering the United States.
Before your departure, we also recommend checking the latest travel advisories and guidelines issued by the U.S. Department of Homeland Security and the U.S. Department of State. Changes in immigration law or policy may affect your re-entry conditions.
For follow-up questions, as always, you are welcome to email us at contact@carolynleepllc.com.
