USCIS Issuing Advance Parole Valid For 5-Years In Some Cases

In most cases, individuals (including TN visa workers) who have applied for Lawful Permanent Residence (a green card) by filing an Adjustment of Status (AOS) application cannot travel outside of the U.S. while that AOS application is pending. If they do, the AOS application can be considered abandoned.

In order to travel outside of the U.S. while an AOS application is pending such individuals need to apply for an Advanced Parole document. Most recently, these Advance Parole documents were only valid for 1 year (sometimes 2 years if issued on an EAD work authorization card).

We are now seeing reports that USCIS is issuing Advance Parole documents that are valid for 5 years to those AOS applicants who are eligible for 5-year Employment Authorization Documents (EAD). (USCIS earlier announced that it will be increasing the validity periods of certain EADs.) The categories of EADs, and now also Advance Parole documents, that will be valid to 5 years include:

• Individuals applying for Adjustment of Status (AOS) under INA s. 245 (this would include most AOS green card filings based on marriage to a U.S. citizen, or AOS filings based on employment).

• Individuals admitted to the U.S. as refugees, those granted asylum, and those granted withholding of deportation/removal.