| Sujan |
Posted
on 22-Sep-02 10:51 AM
I noticed this thread the other day, but didn't have time to respond on it at the moment, so I will comment on it now as there is more to 'advance parole' document than what it is originally intended for.
The posters preceding me are both correct in that you do not need to seek additional visa to re-enter the US. The advance parole document will suffice for that purpose albeit you will have to wait a lot longer at the port of entry than those who possess a US passport or a PR card; the delay is due to the time required for the verification of authenticity of your advance parole document.
You may have been delighted to receive permission to travel, but I also want you to have a full understanding of what an 'advance parole' document really is, and the danger that lies beneath it. As trouble free as it may sound in obtaining it to travel for a short period of time, there is a serious consequence to consider: if your adjustment of status is ever denied (god forbid, I hope this does not happen) you will be treated as if your recent entry to the US was ‘illegal’ (technically, this means you entered the US without inspection). As such, you are liable to put into 'exclusion proceedings', and even if you do have other sources of relief (other means of legalization or adjust of status) available, they will be of no use; the sources of relief under 'exclusion proceedings' are very limited. This pertains to the 'advance parole' document, which at its best, can be described as an 'informal entry'. This is where it gets a bit confusing. Theoretically, until your adjustment of status comes through you are treated as if you were held at the port of entry for an indefinite period of time although you were released. As per INS regulations this is no different than a migrant showing up at the port of entry without any legal documents and the migrant is held there until the migrant is given an exclusion hearing. In this case, 'exclusion' simply means the migrant never stepped inside the physical boundaries of the US, thus the migrant is ‘excludable’. Similarly, an 'advance parolee' such as yourself is treated in such a manner. Now, if you had not taken the 'advance parole' and your adjustment of status was denied then you would normally be put into deportation proceedings but you would have access to more sources of relief such as legalization through your employer or another adjustment of status.
I do not want to frighten you, but while doing voluntary research during my undergraduate years for an immigration law firm, I've run into some immigrants, (of all sorts, who have fallen into this trap) who have been in this terrible circumstance. You have to be extremely careful with INS as they 'NEVER' tell you the whole truth about certain documents and its implications and/or consequences. There was an article called 'perils of advance parole' by an attorney in San Francisco. I don't recall his name now, but you may want to read it as it will give you more detailed view of what you are about to undertake.
So, an 'advance parole' may well be more trouble than its worth. Use it only if you are 110% sure your adjustment of status application will come through once you re-enter the US or better yet, wait until you receive your permanent residency!!
Good luck,
-Sujan
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