During our interview, immigration attorney Chen Weiyu highlighted the crucial need for applicants to grasp the validity period of Advance Parole when navigating the green card process. “A misunderstanding of the customs stamp can significantly affect your green card application,” Chen cautioned, referencing previous cases where such errors led to denials.
He recounted the experience of a client, Mr. L, who was approved for a two-year Advance Parole document (I-512L) while applying for his I-485 adjustment of status. Throughout this process, Mr. L traveled internationally for business but mistakenly interpreted the customs stamp indicating his stay duration as an extension of his Advance Parole. Chen clarified that this stamp has no bearing on the actual validity of the Advance Parole document.
After Mr. L’s Advance Parole expired, he left the U.S. and successfully re-entered, with customs recording his new stay duration on his expired document. Soon after, however, he received a notice from USCIS stating that his I-485 application had been automatically abandoned because he had traveled outside the country after his Advance Parole had expired.
“This is a common misunderstanding,” Chen explained. “Upon entry with Advance Parole, customs typically notes a one-year stay allowance on the I-94 form or the I-512L. Many applicants erroneously believe this extends their Advance Parole; in reality, it holds no substantive value in extending their stay or obligating them to exit the U.S. within that timeframe.”
Chen also noted a recent change: USCIS is now issuing five-year Advance Parole documents, which offer greater convenience for applicants. This new five-year validity reduces the frequency of renewals compared to the previous two-year standard, giving applicants more flexibility. Nonetheless, he underscored the importance of strictly adhering to the actual validity period of Advance Parole to prevent confusion caused by the customs stamp.
For those on H or L visas, Chen mentioned that holders and their families could leave the U.S. before obtaining Advance Parole without jeopardizing their I-485 applications because of specific provisions for those visa categories. However, he warned that departing before Advance Parole approval could lead USCIS to treat the application as abandoned, which might result in denial and the loss of the application fee, along with other adverse consequences.
Chen offered several recommendations: applicants should carefully read and understand all instructions on their Advance Parole documents, paying close attention to the start and end dates; they should meticulously plan international travel to ensure they return within the Advance Parole validity; they need to begin the renewal process at least six months in advance; they should not confuse the customs stay duration with the validity of Advance Parole; and if they hold H or L visas, they should consult with an attorney before departing.
He urged applicants to fully understand and properly utilize Advance Parole to ensure a smoother green card application process. Given the increasingly complex nature of immigration policies, it’s essential for applicants to navigate these waters carefully to prevent minor misunderstandings from undermining their efforts over the years. Therefore, handling entry and exit matters with diligence and seeking professional advice when needed is critical.
Additionally, starting in April 2024, there will be a $630 application fee for Advance Parole. However, Chen reassured that applicants who submitted their I-485 applications before this date can still apply for or renew their Advance Parole at no cost, providing some relief for those awaiting their status adjustments.
