why not read the whole isuue together? USCIS did not confirm what the AILA requested and the rule is still is: pending AP application is abandoned once you leave the country!
26. Travel and Applications for Advance Parole
AILA requests clarification on issues relating to travel and applications for Advance Parole. Specifically,
please confirm:
a. That an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3 nonimmigrant that is in possession of a valid
nonimmigrant visa for reentry into the U.S. need not be present in the United States when he or
she files for an advance parole document.
b. Please also confirm that an individual whose current advance parole document is still valid when he
or she files for a new advance parole document is not required to be present in the United States
when that new application is filed.
Please see the attached Addendum V for an expanded discussion of this issue.
Response: Advance parole granted to those outside the U.S. is an extraordinary measure used
sparingly to bring an otherwise inadmissible alien to the U.S. for a temporary period due to a
compelling emergency or significant public benefit. It is not to be used to circumvent the normal visa
issuance process. Advance parole that is sought to preserve the pendency of an I-485 application must
be applied for and granted before the alien’s departure from the U.S.
If the above non-immigrants filed adjustment applications prior to departing the U.S., they need not
also have filed for advance parole where they have a valid NIV that may be presented at a port of
entry. This of course assumes these same individuals have maintained their status (8 CFR
245.2(a)(4)(ii)(C) and(D)). If, however, they have failed to maintain their non-immigrant status,
advance parole must have been granted prior to their departure from the U.S. or their adjustment
application shall be deemed abandoned. If an H or L non-immigrant with a pending adjustment
application appears at a port of entry and presents both an I-512 and his/her valid NIV, CBP should
advise the alien that he or she must choose whether to use the H or L visa or the advance parole
document.
26. Travel and Applications for Advance Parole
AILA requests clarification on issues relating to travel and applications for Advance Parole. Specifically,
please confirm:
a. That an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3 nonimmigrant that is in possession of a valid
nonimmigrant visa for reentry into the U.S. need not be present in the United States when he or
she files for an advance parole document.
b. Please also confirm that an individual whose current advance parole document is still valid when he
or she files for a new advance parole document is not required to be present in the United States
when that new application is filed.
Please see the attached Addendum V for an expanded discussion of this issue.
Response: Advance parole granted to those outside the U.S. is an extraordinary measure used
sparingly to bring an otherwise inadmissible alien to the U.S. for a temporary period due to a
compelling emergency or significant public benefit. It is not to be used to circumvent the normal visa
issuance process. Advance parole that is sought to preserve the pendency of an I-485 application must
be applied for and granted before the alien’s departure from the U.S.
If the above non-immigrants filed adjustment applications prior to departing the U.S., they need not
also have filed for advance parole where they have a valid NIV that may be presented at a port of
entry. This of course assumes these same individuals have maintained their status (8 CFR
245.2(a)(4)(ii)(C) and(D)). If, however, they have failed to maintain their non-immigrant status,
advance parole must have been granted prior to their departure from the U.S. or their adjustment
application shall be deemed abandoned. If an H or L non-immigrant with a pending adjustment
application appears at a port of entry and presents both an I-512 and his/her valid NIV, CBP should
advise the alien that he or she must choose whether to use the H or L visa or the advance parole
document.
選擇“Disable on www.wenxuecity.com”
選擇“don't run on pages on this domain”
