Quote:
11 Mar 2019
The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as long as that individual has an unexpired AP document that remains valid through her/his return date to the United States. However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.
Updated Policy
A USCIS webpage on emergency travel has been updated to lay out the new policy. “If you file form I-131 … to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending form I-131 will not be considered abandoned in this situation.”
Again, the policy regarding pending I-485s remains unchanged. A pending I-485 generally will not be impacted by overseas travel, as long as the individual either is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., or has an AP document that remains valid through his/her date of return to the U.S. A pending I-131, on the other hand, will be denied if one travels abroad without a valid AP, as described above.