Advance Parole Pending - Travel During.
AILA: The new 1-131 instructions say: "If you travel before the advance
parole document is issued, your application will be deemed abandoned if (1)
you depart from the United States."
We would like to confirm that abandonment of a pending advance parole
application does not occur if the foreign national is otherwise authorized
to depart and return either because the foreign national
(a) already possesses a valid I-512L and returns before the 1-512L expires,
or
(b) has an 1-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K
-4, V-2, or V-3.
USCIS: (a) If a foreign national
(i) already possesses a valid, unexpired advance parole,
(ii) applies for a new advance parole while he/she is present in the U.S.,
and
(iii) then departs the U.S., the foreign national must return to the U.S.
during the validity period of the current advance parole already in his or
her possession.
If the foreign national returns timely, abandonment of the pending advance
parole application would not occur.
However, the foreign national may not remain abroad after the initial
advance parole expires and then seek to re-enter at a later time using the
subsequent advance parole that was pending adjudication at the time the
person departed the U.S.
(b) Yes, we confirm that that abandonment of a pending advance parole
application does not occur if the foreign national is otherwise authorized
to depart and return because the foreign national has an 1-485 pending and
is readmitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3.
