Change of Policy for Advance Parole Travel Documents

We have received an update from one of our immigration providers, Pearl Law Group, regarding a change in practices by USCIS. This change is in regards to denials of I-131 Advance Parole applications, when an applicant has traveled outside the US while the application is pending. There is not a published change in regulation or a new policy; it appears to be a change in enforcement by USCIS, which the USCIS holds is consistent with the existing policy.

What policy change occurred regarding Advance Parole Travel documents? 

There have been reports that USCIS is denying I-131 Advance Parole applications where the applicant has traveled abroad before the application has been approved. This is true even for applicants who have valid H, K, L, or V status to return to the U.S.

This signifies a change in long standing USCIS policy of allowing travel while the I-131 application is pending for applicants in H, K, L or V status. USCIS contends that the recent denials are proper, and it appears that they will continue to deny applications if the individual travels.

How might this policy change affect transferring employees? 

We recommend that your transferring employees avoid international travel while their I-131 application is pending. If your employee does travel and receives a denial, a new application can be submitted upon returning to the U.S. in H, K, L or V status.

Future Updates

Pearl Law Group, along with NuCompass, will continue to monitor the situation. Pearl will pursue the issue and advocate for a reversal in the policy change. Addition updates will be provided as they arise. We welcome you to contact us with any questions or comments.