USCIS Denies Pending Advance Parole Applications for H-1B, L Applicants Traveling Outside the United States
This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.
According to reports, U.S. Citizenship and Immigration Services (USCIS) has been denying pending advance parole applications for abandonment when applicants travel outside the United States in H-1B or L status. The reason the agency gives is that the instructions to the Form I-131, Application for Travel Document, state that if the applicant leaves the United States before the advance parole document is issued, his or her application for an advance parole document will be considered abandoned. This is despite the fact that for the past 15 years, USCIS reportedly has approved such applications for such individuals traveling abroad with a valid advance parole document or a valid H-1B or L visa while their adjustment of status applications are pending.
Immigration lawyers are advising their H-1B and L clients to avoid traveling internationally while their advance parole applications are pending.