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Q: Advance Parole from the INS ( No Answer,   2 Comments )
Question  
Subject: Advance Parole from the INS
Category: Miscellaneous
Asked by: erikweller-ga
List Price: $5.00
Posted: 31 Oct 2002 06:14 PST
Expires: 31 Oct 2002 07:29 PST
Question ID: 94118
How do I extend my Advance Parole while waiting for a change of status
to be processed by the INS?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Advance Parole from the INS
From: cobrien-ga on 31 Oct 2002 06:32 PST
 
erikweller,
I'm not sure exactly what your situation is, but I came across this -
it might be worth checking out.

From the US Immigration Information Website:
"due to changes to U.S. immigration law, travel outside of the United
States may have severe consequences for certain aliens who are in the
process of adjusting their status or changing their nonimmigrant
status. Such aliens may be found inadmissible to the United States
upon return and/or their applications for adjustment or change of
status may be denied.

Under the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, aliens who depart the United States after accruing certain
periods of unlawful presence in the United States can be barred from
admission, even if they have obtained Advance Parole. Those aliens who
are unlawfully present in the United States for 180 days but less than
one year become inadmissible for three years; those who are unlawfully
present for more than one year become inadmissible for 10 years.

Aliens who have concerns about their admissibility should contact an
immigration attorney or an immigrant assistance organization
accredited by the Board of Immigration Appeals before making foreign
travel plans."

http://www.us-immigration.org/advanceparole.htm

cobrien-ga
Subject: Re: Advance Parole from the INS
From: calebu2-ga on 31 Oct 2002 07:06 PST
 
Erik,

I'm not going to give you an answer to this because I was not able to
find a bonafide answer to your question about the advanced parole.

I'm assuming you have already filed the I-131 (Advanced parole) form
along with your I-485 (Adjustment of Status). If not and you plan on
leaving the country - you need to get the advanced parole form filled
out asap. I was told that the advance parole takes up to 30 days to
process if not filed at the same time as the other forms (not many
emergencies can wait that long!).

Information on the I-131 form (most of which is due to be updated in
the near future) is available at:

http://www.ins.gov/graphics/formsfee/forms/i-131.htm

I'm not sure what you get for filing the I-131 (I believe it is
similar to the I-20 that F-1 students have for reentry into the
country. The student form needs to be stamped by an INS authorized
agent (the school dean of international students usually) and gives
you a window to leave and return to the US) - perhaps you can fill us
in on what you have and what time limits it shows and we can go from
there.

The most likely options are that :

a) The advanced parole card is designed to cover the total time for
your AoS processing and that if it runs out before that time you need
to take it to a US consular office to get it extended.

A list of field offices can be found at:

http://www.ins.gov/graphics/fieldoffices/index.htm

b) The INS would like more of your money and expect you to file
another I-131 form for the $110 fee to extend it.

I strongly suggest that you give the customer service line a call on 
1-(800) 375-5283. While we can do a good job of finding what appears
to be the right answer online - as cobrien-ga points out - immigration
law has been changing quickly post September 11 and many websites
(including sections of www.ins.gov) are out of date.

Alternatively, your best bet may be (if you live close to a field
office) to queue up (show up early - like 7am - to avoid the queues)
and ask at the information booth there. If the information booth
cannot help you, you can wait in line to see an immigration official
who can help you.

Some more information :

Information about travel documents and advanced parole
http://www.ins.gov/graphics/howdoi/travdoc.htm

Example of filing procedures (based on the Boston MA office)
http://www.ins.gov/graphics/fieldoffices/boston/aboutus.htm#anchor155614

Hope this helps

calebu2-ga

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