Search results for: "advance parole"

U.S. Citizen and Immigration Services (USCIS) recently has issued some Advance Paroles with errors. The Advance Parole is a travel authorization document that permits certain applicants for adjustment of status (green card) or refugee/asylee status to return to the United States. It must be approved prior to travel outside the United States. 

Recently, USCIS has issued some Advance Parole documents indicating Temporary Protected Status (TPS), instead of the correct adjustment of status or refugee/asylee process designation. The TPS parole is only granted to an individual who is recognized in temporary protected status.

The Advance Parole document that is received should be carefully reviewed and checked to ensure it is issued pursuant to the correct classification. Adjustment of status or refugee/asylee Advance Parole documents should not include a TPS parole designation.

On February 8, 2019, the Office of the Citizenship and Immigration Services Ombudsman (Ombudsman’s Office) provided an inside look at its innerworkings with the United States Citizenship and Immigration Services (USCIS). Created by section 452, of the Homeland Security Act of 2002, the Ombudsman’s Office assists individuals and employers who need to resolve a problem with USCIS and to make recommendations to fix systemic problems and improve the quality of services provided by USCIS.

USCIS began denying applications for renewals of Advance Parole (AP) documents, over a year ago, if applicants traveled internationally. Although authorized by law, this change in policy was followed by re-filing of thousands of AP renewal applications, emergency AP filings at local USCIS centers and resulted in strain of the USCIS resources.

On Nov. 16, 2018, during Ombudsman’s Office Annual Conference, USCIS Director, L. Francis Cissna confirmed that USCIS will end its practice of denying pending AP applications when applicants travel internationally.  This unexpected, yet welcomed change of policy was a result of the collaboration between USCIS and Ombudsman’s Office. The two agencies met numerous times with USCIS to discuss the issues and practical implications associates with AP denials.

To date, the USCIS website indicates that if an individual has an approved AP document while a second one is pending, they may travel on the approved AP document, provided the AP document is valid for the entire duration of the time abroad. In this case, the pending AP extension will not be considered by the USCIS as abandoned.

For more information on advance parole, click here.

Greenberg Traurig Shareholder Ian Macdonald was recently quoted in the Law360’s article, “Attorneys Sound the Alarm over Advance Parole Denials,” discussing an increase in advance parole (AP) renewal denials. Attorneys have noticed a shift in the U.S. Citizenship and Immigration Services’ (USCIS) handling of AP applications, particularly with an increase of renewal denials as early as March of this year. To read the entire article, please click here.

For more information on Advance Parole, click here.

U.S. Citizenship and Immigration Services (USCIS) is denying Advance Parole (AP) applications when an applicant travels internationally while the application is pending with USCIS.  This represents a big adjudication shift by USCIS, which has for several years allowed certain AP applicants to travel abroad while waiting for USCIS to approve an AP application.  By making this adjudication change, USCIS is reverting back to a literal reading of the law as outlined in the Form I-131’s instructions, rather than allowing greater freedom of movement for individuals who are about to become green card holders.  These concerns are amplified when you consider this new practice together with more recent adjudication restrictions posed by the Buy American and Hire American Executive Order with USCIS and consular posts around the globe. In a nutshell, international travel for certain foreign nationals who are lawfully in the United States has become even more difficult.

By way of background, when filing for adjustment of status in the United States, green card applicants generally file concurrently an application for advance parole to permit international travel while the green card application is pending adjudication with USCIS.  Prior to this policy change, failure to secure an advance parole prior to travel abroad resulted in the abandonment of the underlying adjustment of status unless an individual held an H-1B, H-4, L-1, L-2, K-3 fiancé, or V visa. These visa categories allow individuals to have the “dual-intent” of being temporarily present in the United States on a visa, while simultaneously pursuing a green card. Under this new USCIS policy, holders of H-1B, H-4, L-1, L-2, K-3 fiancé, or V visas will have to wait for their advance parole applications to be approved before traveling abroad or their advance parole applications will be denied by USCIS.  This is significant because obtaining an advance parole during the green card process allows green card applicants to bypass the process of obtaining a visa stamp at a U.S. Consulate abroad, thereby avoiding the lengthy visa appointment wait times and possible administrative processing delays that can take months to clear while the applicant is stuck abroad.  With consular officers now taking into consideration the Buy American and Hire American Executive Order, which increases the risk of visa denials resulting in individuals being unable to return to the United States, the advance parole process provides significant travel benefits.

Increasingly, however, USCIS is denying advance parole applications for applicants who travel outside the United States while their advance parole applications are still under review by USCIS, even if the applicant holds a dual-intent visa.  In the denial notice, USCIS is stating that the advance parole applications are being denied due to abandonment resulting from travel abroad.  While denying the advance parole application in these circumstances is technically proper, USCIS had a long-standing practice of approving advance parole applications even if the applicant travels abroad, so long as the advance parole applicant held a dual-intent visa.  Specifically in the denial notices, USCIS is referencing page 6 of its Form I-131 instructions, which states ““[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned.”  Of particular concern, under this new USCIS policy, USCIS will deny an advance parole application due to abandonment even when the advance parole applicant travels using a currently valid advance parole.

This new development will hamper green card applicants and those companies that employ them because advance parole applicants must remain in the United States until the adjudication of their advance parole application, which is consistently taking 90-120 days.  For those companies who rely on L-1A multi-national managers or executives, or L-1B specialized-knowledge workers who are also green card applicants, this new USCIS practice may restrict the company’s ability to manage or conduct its global business because these workers are faced with a “soft” travel restriction.   The companies and L-1 workers, along with other workers who have non-immigrant visas, are faced with the decision of obtaining a new visa stamp at a U.S. Consulate abroad to return to the United States, which may be put under administrative processing or denied, or waiting the full 90-120 days before traveling abroad.

Click here for more on issues related to Advance Parole.

It has been reported that President Trump’s administration is likely preparing to effectuate additional changes affecting immigration issues.  Specifically, in addition to the Executive Order executed on Jan. 27, 2017, the administration is reportedly working on additional Executive Orders, a released draft of which addresses the availability and use of advance parole, among other issues which pertain to employment-based immigration.  Advance parole enables return to the United States after international travel for those who are in the process of applying for permanent residence while living in the United States.  Parole is also available to other classes of foreign nationals, including asylees, as well as those granted this ability via the Deferred Action for Childhood Arrivals program.  Based on the released drafts of the Order, it is possible that, when signed and implemented, it could severely curtail the ability of foreign nationals to be able to re-enter the United States after international travel using Advance Parole.  Therefore, until further information is available, employers may consider advising their foreign national employees fitting the above description to refrain from international travel at this time.  Likewise, foreign nationals who have applied for or currently have valid advance parole should consider remaining in the United States until further information regarding the Order is available.

Importantly, those individuals who are maintaining temporary visa status such as H-1B, L-1A, or L-1B are not subject to this caution.  In fact, because the H-1B and L-1 regulations specifically allow for permanent intent while in the United States, foreign nationals are able to continue to maintain and extend these visa statuses even while their green card applications are pending in the United States.  Therefore, they have the ability to utilize their valid H-1B and L-1 visas for international travel, rather than the advance parole issued as part of the green card application process.  Based on this, as well as on the draft language of the administration’s Executive Order, foreign nationals and employers may wish to consider ensuring that, where possible, H-1B or L-1 visa status is extended throughout the green card application process and until green card approval.  Notably, those foreign nationals in the United States who were in F-1, J-1, O-1, H-1B1, E-1, E-2, E-3, TN, or a number of other visa statuses at the time of their green card applications will not be able to maintain their visa status throughout the green card application travel if they intend on traveling internationally, because of the temporary intent requirements of these visas.

Please contact your GT attorney to discuss temporary visa and green card application processes.  GT will continue to follow and report any developments with regards to the related Executive Order.

 

On Dec. 2, 2025, USCIS issued a policy memorandum PM-602-0192 directing officers to place an adjudicative hold on

  1. all pending asylum applications (Form I-589), regardless of nationality, and;
  2. most pending immigration benefit requests – such as green cards, adjustment of status, travel documents, naturalization, etc. – filed by nationals of 19 countries designated as “high risk,” regardless of the entry date.

For nationals from above-mentioned 19 “high-risk” countries, the memorandum also mandates a comprehensive re-review of certain previously approved or pending cases if the applicant entered the United States on or after Jan. 20, 2021. This may include re-interviews, additional vetting, identity verification, or further security-based screenings.

The 19 “high risk” countries include: Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

This policy is grounded in Presidential Proclamation 10949 (June 4, 2025), Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, as known as the “travel ban,” and Executive Order 14161 (Jan. 20, 2025), Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, both of which emphasize enhanced national security review of foreign nationals from certain jurisdictions.

Why the Administration Implemented this Policy

The Memorandum cites two recent incidents involving foreign nationals accused of planning and attempting terrorist activity after entering the United States. USCIS notes that gaps in prior screening measures necessitate a broad reassessment of individuals from certain regions.

Impact on Affected Applicants

USCIS acknowledges that the hold and re-review requirements will slow adjudications, even significantly, but asserts that the delay is justified given the national security rationale. Applicants who have pending immigration benefits request may expect delays. The Memorandum also allows USCIS to require interviews for applicants who ordinarily would not need one. Though this policy does not automatically deny applications, adjudications will not resume until USCIS completes its review and issues implementing guidance. Applicants should also be aware that identity-related issues will receive heightened scrutiny. Inability to establish identity or inconsistent documentation may independently trigger ineligibility under the Immigration and Nationality Act (INA).

Practical Considerations for Affected Applicants

Nationals of the 19 “high-risk” countries may wish to:

  • Prepare for extended adjudication timelines;
  • Expect possible requests for re-interviews or additional evidence;
  • Ensure identity documents are complete and consistent; and
  • Consult counsel before international travel, especially where advance parole or re-entry permits are on hold.

Asylum applicants of any nationality should:

  • Monitor for updated operational guidance, which USCIS states will be issues within 90 days; and
  • Acknowledge that no asylum applications will move forward until USCIS lifts the hold.

Takeaways

This Memorandum represents the broadest national-security-based pause on immigration benefits since the “travel ban era.” USCIS states that the hold will remain in effect until lifted by a superseding directive from the USCIS director. It also emphasizes that this policy does not create individual rights or enforceable benefits. Given the scope of the pause, the enhanced security vetting it requires, and its overlap with prior travel ban, this policy may influence adjudications for a considerable period. USCIS has committed to issuing additional operational guidance within 90 days, which will determine how these reviews are implemented in practice and how quickly any movement on pending cases may resume.

On Oct. 16, 2025, the U.S. Department of Homeland Security (DHS) published a final rule in the Federal Register establishing a new $1,000 immigration parole fee required by the H.R. 1 Reconciliation Act. That same day, U.S. Citizenship and Immigration Services (USCIS) confirmed immediate implementation for some individuals who are granted parole, re-parole, or parole in place on or after the effective date. This fee does not impact those individuals who have traveled briefly abroad on Advance Parole that was granted based on a pending I-485 Application.

Overview of Parole and Fee Application

Parole allows DHS to permit a noncitizen to enter or remain temporarily in the United States without being formally admitted, when justified by urgent humanitarian reasons or significant public benefit. Parole is discretionary and temporary; it does not confer visa status or a path to permanent residence. The $1,000 fee applies when DHS grants parole, not when a request is filed, and it may also apply to individuals previously granted parole who are re-paroled or extended after Oct. 16, 2025. Individuals who already hold valid parole granted before that date are not charged retroactively. The fee attaches only when a new grant of parole is issued. As a result, DHS will not collect or bill for the fee on existing parole periods, though future extensions or re-paroles will trigger payment.

Frequency and Duration of the Fee

The fee is assessed each time parole is granted, including initial approval, re-parole, or extension. It covers the entire period authorized in a single grant and is not charged per entry while that parole remains valid. For example, if a parole document permits multiple entries during its validity, those re-entries are covered by the same fee. However, any new parole authorization or extension will require a new $1,000 payment. A family of four paroled under a humanitarian program would owe $4,000 upon approval, and another $4,000 if re-paroled later. The structure is per grant, not per household or lifetime.

Payment Procedures and Timing

The rule provides that the fee is due at the time parole is granted. USCIS will collect payment for parole and re-parole requests it adjudicates, typically those filed on Form I-131; U.S. Customs and Border Protection (CBP) will collect the fee at ports of entry; and U.S. Immigration and Customs Enforcement (ICE) will collect it for individuals paroled from custody. Each agency will issue a conditional approval notice requiring payment before parole becomes effective. To date, USCIS has not indicated how long applicants will have to make payment after receiving a conditional approval. The Federal Register specifies only that the notice will “specify a date by which payment of the fee must be made.” Until DHS issues further guidance, applicants may expect a short payment window and plan accordingly.

Limited Exceptions and Employer Carve-Outs

DHS may waive the fee in limited cases where the applicant meets one of 10 statutory exceptions, including life-threatening medical emergencies, organ donation, accompanying parents or guardians of affected minors, urgent family visits or funerals, adopted children with critical medical needs, individuals paroled to attend immigration proceedings, certain Cuban or Haitian entrants defined in §501(e) of the Refugee Education Assistance Act of 1980 (including participants in the Cuban and Haitian Family Reunification Parole programs), and those whose parole provides a significant public benefit such as law-enforcement cooperation.

The rule includes an exception for adjustment of status applicants (Form I-485) who travel briefly abroad and return to the United States on an advance parole. This category covers both employment-based and family-based green card applicants who are beneficiaries of I-140 or I-130 petitions. The rule expressly exempts them from the new $1,000 fee when re-entering on a valid advance parole associated with a pending adjustment application. However, DHS has not defined what constitutes a “brief” trip abroad for purposes of this exception, leaving some ambiguity as to the duration of travel that will preserve eligibility for the fee exemption.

Who Is Most Affected

The group most affected by the rule are humanitarian and discretionary parole recipients, including nationals of Afghanistan, Ukraine, Nicaragua, and Venezuela, among others, paroled under case-by-case or programmatic DHS initiatives. These individuals often must renew parole periodically to maintain lawful presence or employment authorization. For these individuals, the recurring $1,000 per-person fee represents a new cost consideration, particularly for families or sponsors who manage parole renewals every one to two years.

Implications for Employers and HR Teams

Although employer-sponsored green-card applicants remain exempt, the rule adds complexity for organizations supporting humanitarian, dependent, or discretionary parole cases. A $1,000 payment per grant is a material cost, and conditional approvals may require careful monitoring to avoid lapses.

HR and legal teams should consider:

  • Incorporating the new fee into global-mobility and immigration budgets,
  • Confirming payment timelines upon receipt of conditional approvals,
  • Educating affected employees about the requirement, and
  • Consulting counsel to determine if an exception applies and to prepare supporting documentation.

USCIS and DHS may release further guidance clarifying payment procedures, adjudication standards, and uniform deadlines in the coming weeks.

Conclusion

The $1,000 parole fee represents a policy shift in DHS’ parole framework. Employers might use the rule as an opportunity to plan, budget, and communicate with employees and better manage parole-based travel and compliance.

Please join Kate Kalmykov, co-chair of GT’s Global Immigration & Compliance Practice, for an upcoming webinar Feb. 7, 2024, at 2 p.m. EST. 

Kate will be joined by immigration attorney Rohit Kapuria and EB5AN managing partners Sam Silverman and Mike Schoenfeld, who will discuss best practices for making a partial EB-5 investment of less than $800K to start the EB-5 process and lock in the current USCIS Form I-526E filing fee amount before an ~$8K fee increase on April 1, 2024.

Topics include:

  • What is a “partial” EB-5 investment, and how does it work? How much money can I start with? When does all $800K need to be invested?
  • How will a partial investment affect the approval of a Form I-526E petition, EAD, and advance parole travel document?
  • What are the pros and cons of doing a partial EB-5 investment? What are the typical profiles of investors who should consider a partial EB-5 investment?
  • When do I need to get started with my EB-5 application so I can definitely submit it prior to the upcoming ~$8K fee increase on April 1, 2024?

Click here to register.

On Jan. 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a proposed rule that would increase immigration fees. USCIS calls these “modest” increases, but the proposed fee increases are substantial, including a 70% increase for H-1B petitions (from $460 to $780); a 201% increase for L-1 petitions (from $460 to $1,325); and a 201% increase for E and TN petitions (from $460 to $1,015). If approved, the rule also would increase fees for adjustment applicants, eliminate the “no fee” for EAD and advance parole applications, and eliminate the I-485 “discount” for children, among other changes that would impact the business community and individual immigration applicants. USCIS has not increased fees since 2016. The proposed rule and FAQs published on the USCIS website state that the increased costs are needed to increase efficiency, among other things. Due to increased pressure and pushback against the increases, the fee hike was put on hold until 2024. The proposed rule is now back under the review of The Office of Information and Regulatory Affairs and is likely to be finalized within the next 90 days. The fees would go into effect 60 days after the rule is approved.

Please join Anna Reiff and Cole Heyer, members of GT’s Immigration & Compliance Practice, for the webinar “Happier Trails: Essential International Travel Tips for U.S. Residents and Foreign Nationals” July 27 from 1 – 2 p.m. ET.

The summer months are a ripe time to tour the world, preview international universities for studies, or visit family—but only if you have the proper documentation to return to the United States.

Before booking that flight for a global destination, join this informative webinar designed to offer an overview of travel considerations amid the latest federal guidance for U.S. citizens and foreign nationals alike, including:

  • Understanding which documents to carry
  • Reviewing the visa stamping process, both for trips abroad and to the United States
  • Learning more about automatic revalidation
  • Exploring the important compliance items such as Form I-94s and passport validity
  • Discovering the ins and outs of travel on advance parole

Click here to register.