How Advance Parole Can Be Useful Against Consular Delays – An Explanation by NPZ

The effects of the COVID-19 pandemic on travel restrictions have made it difficult to acquire a nonimmigrant visa, which may be needed to re-enter the United States after traveling abroad. The suspension of routine visa processing at all US embassies and consulates around the world has resulted in backlogs and delays. Thus, “Advance Parole” (“APD”) can be helpful against consular delays.

Here’s an explanation by the NPZ Law Group.

What Advance Parole Is:

Advance Parole is a type of temporary travel authorization, enabling one to seek admission to the US. It is an “advance” permission from the US government to return to the country after traveling abroad. That said, Advance Parole does not guarantee re-entry into the US. An individual with Advance Parole will still be subject to the US Customs and Border Protection inspection process upon return at the port of entry. However, Advance Parole enables a traveler to board a flight to the US, and it can be sufficient to permit the traveler’s re-entry to the US upon arrival in most cases.

Who Advance Parole Can Help:

In most cases, Advance Parole is used for individuals seeking permanent resident status in the US via the Adjustment of Status (“AOS”) process. AOS applicants may submit an Advance Parole application with their AOS application. After approval, the Advance Parole Document (APD) permits the individual to leave the US while the green card application is pending, without impacting the pending green card application.

An APD allows an individual to return to the US without a valid visa in his/her passport. Considering that it is extremely difficult to get an appointment at many US embassies and consulates to acquire visas currently, Advance Parole is a viable option for individuals, even those in H or L visa status. It is advisable for individuals in H or L visa status who applied for a green card via the AOS process to continue using an H or L visa to re-enter the US, even after the issuance of Advance Parole. This preserves and maintains the individual’s H or L visa status. is preserved and maintained.

A memo issued in 2000 dictates that individuals in H-1 or L-1 nonimmigrant status who traveled abroad and were paroled into the US through Advance Parole can extend H-1 or L-1 status. Thus, USCIS permits employers to file petitions to “extend” the employees’ H-1 or L-1 status. If approved, the decision to grant extensions can terminate the grant of parole and admittance of employees in the relevant nonimmigrant classification. This may provide value to individuals who must travel abroad but cannot acquire an H or L visa while abroad but wish to preserve their H or L visa status upon re-entering the US as a safety net.

If you have any questions or need any additional information about US Immigration and Nationality Laws, please feel free to contact the the U.S. and Canadian immigration nationality lawyers at the NPZ Law Group. If you have more questions on how these laws may impact you or your family, contact the lawyers specialized in US Immigration and Nationality laws at our law firm. You can send us an email at info@visaserve.com or you can call us at 201-670-0006 (x104). In addition to that, we invite you to find more information on our website at www.visaserve.com