During our interview, immigration attorney Chen Wei-Yu underscored the critical importance of accurately understanding the validity of Advance Parole when applying for a green card in the United States. He recounted a cautionary tale involving a client, Mr. L, who suffered significant repercussions due to a misunderstanding regarding the date stamped on his customs entry document, which ultimately led to the denial of his green card application.
When Mr. L was applying for his I-485 adjustment of status, he received a two-year Advance Parole document, I-512L. Throughout this time, he traveled frequently for overseas obligations. However, he mistakenly believed that the entry stamp extended the validity of his Advance Parole. In reality, the stamp did not change the actual expiration date of his document.
As a result, after Mr. L left the U.S. after his Advance Parole had expired, he was able to re-enter the country without any issues. Customs officials stamped his expired document and recorded a new stay period. However, he later received a notification from U.S. Citizenship and Immigration Services (USCIS), which stated that his I-485 application had been deemed abandoned because he had departed the country after his Advance Parole expired.
Chen explained that such misunderstandings are quite common. When entering the U.S. with Advance Parole, customs officials typically indicate a one-year stay period on the I-94 form or the I-512L document. Many applicants incorrectly assume this notation extends their Advance Parole’s validity. However, Chen clarified that these notations are not substantive and do not require that an applicant leave the U.S. within a year.
He also mentioned that USCIS has recently started issuing Advance Parole documents that are valid for five years, which is a significant convenience for applicants. This longer validity period reduces the number of necessary renewals and allows for greater flexibility. Nevertheless, Chen cautioned that regardless of whether the document is valid for two or five years, applicants must remain aware of the actual validity period of their Advance Parole, avoiding any misconceptions stemming from the customs entry stamp.
For those holding H or L visas, Chen noted that these visa holders and their families can leave the U.S. without affecting their I-485 applications, provided they haven’t yet obtained Advance Parole travel permission, due to specific regulations governing those visa types. However, he warned that leaving before receiving Advance Parole approval could be interpreted by USCIS as a voluntary withdrawal of the application, potentially leading to denial and loss of application fees.
Chen offered several recommendations for applicants: thoroughly read and understand all the details on the Advance Parole document, particularly the start and end dates; meticulously plan international travel to ensure return to the U.S. within the Advance Parole period; begin preparing for document renewals at least six months ahead of time; do not confuse the duration noted on customs documents with the validity of Advance Parole; and seek legal counsel when necessary, especially for H or L visa holders who are considering leaving the U.S.
He emphasized the necessity for applicants to fully understand the correct usage of Advance Parole, which can significantly streamline the green card application process. In today’s increasingly complex immigration landscape, remaining vigilant and avoiding small misunderstandings is crucial, as they can jeopardize years of effort. Chen encouraged applicants to proceed with caution in matters of entry and exit and to seek professional advice whenever necessary.
Additionally, starting in April 2024, there will be a $630 application fee for Advance Parole requests. Chen reminded those who submitted their I-485 applications prior to that date that the first application or renewal of Advance Parole will remain free—good news indeed for those awaiting status adjustments.
