The U.S. Citizenship and Immigration Services (USCIS) recently updated its practice of denying pending Form I-131 advance parole applications for abandonment due to international travel.
While not a formal announcement, the update appears on the USCIS’ page for Form I-131, in the Special Instructions section. With this update, USCIS states that if an applicant files Form I-131 to request an advance parole document and leaves the U.S. without possession of an advance parole document that remains valid for the entire duration the applicant is abroad, USCIS will consider that pending Form I-131 as abandoned.
This announcement is also applicable to individuals who are in possession of an approved advance parole document while a second one is pending with USCIS. The agency states that if an applicant files Form I-131 to request an advance parole document and leaves the U.S., if the advance parole document is valid the entire duration the individual is abroad, USCIS will not consider the pending Form I-131 as abandoned.
This update does not cover applicants who are traveling abroad with a valid H, K, L, or V visa.
Envoy is pleased to provide you this information, which was prepared in collaboration with Rene Cousins, an associate at Global Immigration Associates, P.C.(www.giafirm.com), Envoy’s affiliated law firm.