Travel Abroad More Complex for Business Travelers Under New USCIS Policy Relating to Advance Parole

Foreign nationals who travel abroad while their application for advance parole is pending will now have that application deemed abandoned by the USCIS and therefore denied.  The USCIS has confirmed that this is its new policy, even if the individual also holds an H visa, an L visa, or another unexpired advance parole.  Therefore, unless the USCIS reverses this new policy, those with pending advance parole applications should not depart the United States unless (1) they have an H visa, an L visa, or another unexpired advance parole with which to reenter and (2) they can “afford” to have their pending advance parole application denied in terms of timing, cost, and overall immigration planning.

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