USCIS Form I-131 Advance Parole is file with an I-485 Application to adjust status to lawful permanent residence. The general rule is that I-131 advance parole requests are denied where the I-485 applicant travels outside the US before approval of the I-131.
An exception to the general rule has existed for decades that an I-131 Advance Parole request accompanying an I-485 adjustment of status application was approved, despite travel while the I-131 was pending, where the I-485 applicant had an approved H or L visa, was in H or L status before departing the US, and traveled outside the US with a valid H or L visa, to return to the US to continue the H or L employment with the same H or L employer.
We recently immigration attorneys have been reporting Form I-131 Advance Parole denials for I-485 applicants where the H or L visa holder traveled outside the US before approval. Despite, travel while the I-131 was pending, where the I-485 applicant had an approved H or L visa, was in H or L status before departing the US, and traveled outside the US with a valid H or L visa, to return to the US to continue the H or L employment with the same H or L employer.
Attorneys now are advised to coordinate H and L travel plans outside the U.S. with Form I-131 filings and not necessarily file the Form I-131 with the I-485 Adjustment of Status application.
We at Litwin & Smith, A Law Corporation find this recent change in adjudication disconcerting and are reviewing what other actions may be taken. We have filed thousands of I-485 applications and accompanying Form I-131 Advance Parole travel permission for employment and family petitions for spouses and family members. Our law practice is limited to immigration related representations. Our firm is nationally recognized as a premiere immigration firm. We routinely provide immigration assistance to foreign nationals from all over the world. When you are ready to proceed, just let us know.
Should you seek additional information or assistance with your immigration filing please contact us at [email protected] or call 650-588-7100. We look forward to assisting you.