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CIS’s chatbot, Emma. Submitting doc- be issued for only 30 days although the expensive procedure for I-485 adjust- the I-485 application is still pending af-
uments in support of the request in the previously filed I-131 application will ment applicants to apply for and obtain ter the initial authorization has expired.
USCIS online account is also required continue to process even if the emer- advance parole. The USCIS ought to If the applicant travels on the already is-
prior to contacting the USCIS. gency parole is granted for 30 days. automatically issue travel permission sued advance parole after the new I-131
The applicant must have gone through when issuing the receipt notice upon fil- has been filed, the USCIS may need-
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Emergency Advance Parole
the biometrics procedure. Even if there ing the I-131 application. The applicant lessly deny the new advance parole.
n alternate way to request faster is already a pending I-131 application has filed an application for lawful per- Although this blog informs readers
Aprocessing of advance parole is by that was previously filed, the requestor manent residence through Form I-485, about the advance parole procedures
requesting an emergency appointment must submit a completed I-131 appli- and it is quite unnecessary to require yet while the I-485 application is pending,
if there is a pressing need to travel in cation during the appointment at the another interim application for advance this author advocates for the aboli-
less than 15 days. See https://www.us- local USCIS office along with support- parole with absurdly long and uncertain tion of a separate time consuming and
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cis.gov/greencard/greencardprocesses/ ing documentation that is listed under processing times. unnecessary advance parole request
traveldocuments/emergencytravel for the above mentioned expedited criteria. Advance parole is generally issued procedure. USCIS must automatically
further details. The USCIS includes Advance Parole is an for one year although recently some ap- issue advance parole with the I-485 re-
the following examples that qualify for Unnecessary Bureaucratic and Time plicants receive a 5 year advance parole ceipt notice.
emergency parole: Consuming Obstacle along with a 5 year employment autho- (This blog is for informational purposes
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• A requestor who has a pressing or crit- There is really no need to establish rization. If further travel is necessary, only, and should not be relied upon as a
ical need to travel to obtain medical such a complex, time consuming and the advance parole must be renewed if substitute for legal advice).
treatment in a limited amount of time. ___________________________________________________________________________________________________________________________________
• A requestor who has a pressing or Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Partners
critical need to travel due to the death PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of
or grave illness of a family member or AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Division, First
close friend. Department, New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Services and board member
• A requestor who timely applied for of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration Council and former
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a travel document and requested chair of the Committee on Immigration and Nationality Law of the New York City Bar Association. He is a frequent speaker and writer on
expedited processing, but their case various immigration-related issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a
remains pending, and they now must course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice
travel within 15 days for a pressing of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in
or critical professional, academic, or the immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most
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personal commitment. highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
The emergency advance parole will Chambers Global 2019 in immigration law, among other rankings.

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