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Reported: USCIS denies applications for advance parole where applicant leaves U.S. while application pending

  1. Original Date Announced

    August 1, 2017

    In a new policy reported by several immigration practitioners, USCIS begins denying applications for advance parole when the applicant leaves the country while the application is pending. The agency denied applications even when applicants had separate advance parole documents or non-immigrant visas permitting return to the country. This new policy is a strict application of the Form I-130 instructions, which state, “[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned.” [ID #692]

    BLOG Report
  2. Effective Date

    August 1, 2017

Current Status

Not in effect

Original Trump Policy Status

Status: Rescinded
Trump Administration Action: Change in Practice
Agencies Affected: USCIS


  • Georgetown Law: Denial of Advance Parole Applications

    Although the Form I-131 instructions provide a basis for USCIS’s action, the recent denials represent a departure from USCIS’s longstanding policy of permitting applicants to exit the country without abandoning pending Form I-131 Applications for Advance Parole as long as the applicant possessed another means of re-entry. According to immigration advocates, "This represents a big adjudication shift by USCIS, which has for several years allowed certain [advance parole] applicants to travel abroad while waiting for USCIS to approve an [advance parole] application."

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