As a reminder to our clients, USCIS is continuing to deny pending Advance Parole (AP) applications (Form I-131) for applicants who travel abroad before their AP applications are approved. The denials do not distinguish between applicants who need the pending AP to travel and those who have either a qualifying visa or an already valid advance parole document.

USCIS is justifying these denials based on an instruction in the latest version of Form I-131(issued on December 23, 2016), which indicates that AP will be denied if the applicant travels before it is adjudicated. Until fairly recently, travel during pendency of an AP application had not typically resulted in Form I-131 denial.

In light of this continuing new trend, and as per our usual practice, we remind those in non-dual intent statuses such as TN, J-1, F-1, E-2, E-3, H-1B1 or O-1 (and their respective dependents) to not travel until the AP document has been approved when we first file an Adjustment of Status (AOS) application (as travel under these circumstances could trigger AOS denial). If a second AP application is needed, applicants should be prepared to remain in the U.S. while it is pending.

For those in H or L status with pending AOS applications, please be advised that traveling internationally prior to the AP document being issued may result in denial of your AP application. However, please note that this will not affect the pending Adjustment of Status application.

In the case of an H-1B or L visa holder (and their respective dependents), travel during the pendency of your AOS application is permissible under the regulations without the need for an AP. However, please double check the validity of your visa before leaving the U.S. to ensure that you will be able to re-enter the U.S. in H or L status without needing a new visa.

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