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IMMIGRATION AUGUST 09, 2024 | The Indian Eye 38

Obtaining Advance Parole on a Pending

Adjustment of Status Application

BY CYRUS D. MEHTA in a finding of inadmissibility deningly long and can vary dite and emergency context, Revenue Service (IRS))
at the port of entry. Nonimmi- from one USCIS service cen- the USCIS issues advance pa- whose request is in further-
hose who have filed an grants who are in H-1B or L-1 ter to another. The processing role rather routinely without ance of the cultural or so-
I-485 application ad- status do not need to apply for time for an I-131 at the Texas the need for a lengthy justi- cial interests of the United
Tjustment of status must advance parole and can return Service Center is 26.5 months fication with the Form I-131. States;
obtain advance parole before to the US on the underlying and only 4 months at the Ne- While this blog focuses on • Government interests, in-
they travel outside the US H-1B or L-1 visa in their pass- braska Service Center. It is 8.5 obtaining advance parole when cluding cases identified by
while their I-485 application. ports. Those in H-1B or L non- months at the Vermont Service an I-485 application is pending, the government as urgent
Section 212(d)(5)(A) of the immigrant status who travel on Center, 12.5 months at the Na- advance parole can also be ob- because they involve the
Immigration and Nationality advance parole may be paroled tional Benefits Center and 14 tained when one has a pend- public interest, public safety,
Act (INA) authorizes the Sec- to resume in H-1B and L sta- months at the California Ser- ing Form I-181 application for national interest, or national
retary of Homeland Securi- tus under USCIS policy estab- vice Center. One cannot select Temporary Protected Status security interests; and

ty, at his or her discretion, to lished in the Cronin memo. the USCIS Service Center that (although travel under TPS has • Clear USCIS error. The
“parole into the United States Nonimmigrants in valid V-1 or takes the fastest time. You are a separate statutory basis), or USCIS has included certain
temporarily under such condi- V-2/V-3 status or K-3/K-4 status required to file at a centralized has been granted T or U non- travel related requests un-
tions as he [or she] may pre- who have an I-485 application location and the I-131 then immigrant status. Advance pa- der “emergencies or urgent
scribe only on a case-by-case pending also do not need ad- application gets randomly des- role can also be granted to one humanitarian situations” as
basis for urgent humanitarian vance parole. ignated to a Service Center. It who has been paroled pursuant follows:
reasons or significant public It is thus important for is the luck of the draw if the to INA 212(d)(5) or to one Expedited processing of a
benefit any alien applying for the adjustment applicants who I-131 gets sent to the Nebras- who has been granted deferred travel document may be war-
admission into the United are not exempt to obtain ad- ka Service Center, which has action under the Deferred Ac- ranted when there is an unex-
States.” Travelling outside the vance parole before departing a 4 months processing time, as tion for Childhood Arrivals pected need to travel outside
US without advance parole will the US by filing Form I-131. compared to the Texas Service (DACA). The instructions to the United States for an un-
result in abandonment of the The processing times for an Center, which is 26.5 months. From I-131 provides details planned event, such as for a
application. It may also result advance parole can be mad- These processing times under which travel permission funeral. Expedited processing
are published on https:// is granted under various situ- of a travel document may also
egov.uscis.gov/process- ations. It should also be noted be warranted when there is a
ing-times/. They are not that if an individual who has pressing or critical need to trav-
exact processing times as been unlawfully present and is el outside the United States for
the USCIS qualifies them subject to the 3 or 10 year bar a planned event, but process-
by stating that 80% of cas- upon departing the United ing times prevent USCIS from
es are completed within States, leaving the US under issuing the travel document by
the published processing advance parole is not consid- the planned date of departure.
time. Hence, the process- ered a departure for trigger- When there is a request to ex-
ing time may take longer ing the 3 or 10 year bars under pedite processing of a travel
or shorter than the pub- INA 212(a)(9)(B) pursuant to document for a planned event,
lished processing time. Matter of Arrabally and Yerra- we will consider whether the
The ability to travel belly. applicant timely filed Form
while the I-485 applica- Expedited Processing I-131 or timely responded to a
tion is pending is import- request for evidence.
ant for many applicants, he USCIS has published NOTE: A benefit re-
resulting in hardship Tcriteria at https://www.us- questor’s desire to travel solely
and inconvenience if the cis.gov/forms/filing-guidance/ for vacation generally does not
applicant must wait for expedite-requests to expedite meet the definition of a press-
26.5 months before they the processing of a number ing or critical need to travel.
can travel due to a family of applications including the Examples of evidence de-
emergency or a social trip I-131 application for advance pending on the travel related
m of like attending a wedding. parole. These include event are listed in the above
CYRUS D. MEHTA & PARTNERS PLLC It is possible to request to • Severe financial loss to a mentioned criteria portal.
expedite the processing of
The best way to contact
company or person, provid-
an I-131 application for ed that the need for urgent USCIS is by contacting the cus-

advance parole as well action is not the result of the tomer support number at 800-
as request for emergency petitioner’s or applicant’s 375-5283 once the I-131 receipt

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­ parole under limited cir- failure to timely file the notice has been issued with
cumstances. Even so, the benefit request or to timely the appropriate case number.
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likelihood of the request respond to any requests for There are other suggested ways
for expedite or emergen- evidence;Emergencies or ur- too, set forth at https://www.
cy parole being granted gent humanitarian situations; uscis.gov/contactcenter in ad-
2 6th Floor is uncertain. On the other • Nonprofit organization (as dition to calling the telephone
hand, outside the expe- designated by the Internal number such as contacting US-

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