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 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.

United States Citizenship and Immigration Services (USCIS) continues to provide support to Ukrainian citizens and their immediate family members through a specialized re-parole process that went into effect Feb. 27, 2024.

Eligibility Criteria: To qualify for re-parole, applicants must demonstrate:

  • That they are a Ukrainian citizen or immediate family member who was paroled into the United States on or after Feb. 11, 2022;
  • That there are continued urgent humanitarian reasons or significant public benefit for a new period of parole, as well as any additional factors;
  • That they warrant a favorable exercise of discretion;
  • That they are physically present in the United States;
  • That they have complied with the conditions of the initial parole; and
  • That they clear biographic and biometric background checks.

Re-parole is not available to individuals currently outside the United States. Those outside the United States may consider applying for parole under the Uniting for Ukraine (U4U) program, which has its own set of eligibility criteria.

Application Procedure: You may apply for re-parole via a USCIS online account or via paper filing.

  • Online Application: Utilize the USCIS online account to submit Form I-131, track your case, and communicate with USCIS. The online system offers resources in Ukrainian and Russian to guide applicants through setting up their account.
  • Paper Application: If filing on paper, remember to indicate “Ukraine RE-PAROLE” clearly on Form I-131 and include all necessary documents and fees. If requesting a fee waiver, paper filing is required.

Documentation and Fees: Applicants must submit:

  • Form I-94; 
  • A copy of their USCIS-issued Employment Authorization Document (EAD). Include copies of the front and back;
  • A copy of both sides of their government-issued driver’s license or ID; and
  • A copy of the identity (biographical) page of their passport, with English translation and copies of all admission and parole stamps in their passport for entries into the United States. 

Check the USCIS website for the latest fee information, and be prepared to pay the required fee unless you qualify for and request a fee waiver.

Employment Authorization: Applicants can request an EAD using Form I-765. Applicants must wait for re-parole approval before applying for EAD. In certain cases, an updated Form I-94 may serve as temporary proof of employment authorization.

Filing Timing: Apply for re-parole before your initial parole period expires to maintain your authorized stay and work eligibility. It is best to apply no later than 60 days before the last day of your initial parole period.

For More Information, Please Visit:

USCIS Announces that Eligible Ukrainians Can Now Apply Online for Re-Parole – Ukraine Immigration Task Force (ukrainetaskforce.org)

Re-Parole Process for Certain Ukrainian Citizens and Their Immediate Family Members | USCIS

Frequently Asked Questions about the Re-Parole Process for Certain Ukrainians and their Immediate Family Members

Prior Related Inside Business Immigration Blog Posts:

DHS Announces Parole Extension for Certain Ukrainian Nationals in the United States

Certain Ukrainian and Afghan Parolees Employment Authorized Incident to Parole

On July 7, the U.S. Department of Homeland Security (DHS) launched a family reunification parole initiative for certain beneficiaries of an approved I-130, Petition for Alien Relative from Colombia, El Salvador, Guatemala, and Honduras. The initiative allows nationals from these countries to be considered for temporary parole on a case-by-case basis for up to three years while they wait to apply for permanent residency. The parole authority under the Immigration and Nationality Act (INA) has been used in similar family reunification parole programs before. Parole is granted based on urgent humanitarian reasons or significant public benefit. Paroled individuals may request employment authorization while waiting for their immigrant visa.

This parole action is narrower than prior Biden administration parole programs because it only applies to certain children and siblings of U.S. citizens and certain spouses and children of permanent residents with approved I-130 petitions. With recent court rulings making it hard for states to challenge federal immigration policies, the Biden administration – and perhaps future administrations – may well continue to implement immigration reforms through such executive actions. Indeed, this latest initiative may serve as a template for establishing parole options for beneficiaries in other visa backlogs (i.e., I-130, I-140 and I-526 petitions), which are taking several years, and in some cases more than a decade, to process and clear.

Under the new process, certain beneficiaries from Colombia, El Salvador, Guatemala, and Honduras who have an approved Form I-130, Petition for Alien Relative, may be eligible for parole consideration. These eligible beneficiaries must be outside the United States and fulfill all requirements, including screening, vetting, and medical requirements. Additionally, they should not have previously received an immigrant visa. The new parole process starts with the U.S. Department of State extending an invitation to the U.S. citizen or lawful permanent resident family member who submitted the approved Form I-130 on behalf of the Colombian, Salvadoran, Guatemalan, or Honduran beneficiary. The invited petitioner can then initiate the process by submitting a request on behalf of the beneficiary and eligible family members, seeking advance travel authorization and parole.

To reiterate: parole is granted solely at the discretion of the authorities and is temporary, case-specific, and contingent upon demonstrating urgent humanitarian grounds or significant public benefit. The beneficiary must also exhibit reasons that warrant a favorable exercise of discretion. Individuals paroled into the United States through these processes will generally be granted parole for a maximum of three years and may apply for employment authorization while awaiting their immigrant visa. Once their immigrant visa becomes available, they can apply for lawful permanent residency.

Those requiring assistance with this immigration benefit should consider consulting with experienced counsel.

On Oct. 12, 2022, the Department of Homeland Security announced a new migration process for Venezuelan nationals. Eligible Venezuelan nationals and their immediate family members may request advance authorization for travel and temporary parole for up to two years in the United States, including work authorization. Parolees must have a supporter in the United States who will provide financial and other support, among other requirements. In order to start the process, the supporter must file a Form I-134, Declaration of Financial Support, with USCIS for each proposed beneficiary. The form includes information on the income and assets of the supporter.

If the Form I-134 is deemed to be sufficient, the beneficiary will be contacted by USCIS to continue the request process, proving additional information and attestations of eligibility to USCIS. In order to be eligible for advance travel to the United States to request parole at the border, a person must:    

  • Be a national of Venezuela or be an immediate family member (spouse, common-law partner, or unmarried child under the age of 21) of an eligible Venezuelan and traveling with them;
  • Possess a passport valid for international travel;
  • Be outside the United States;
  • Have a U.S.-based supporter who filed a Form I-134 on their behalf that USCIS has vetted and confirmed;
  • Provide for their own commercial travel to a U.S. airport and final U.S. destination;
  • Undergo and clear required screening and vetting;
  • Not be a permanent resident or dual national of any country other than Venezuela, and not currently hold refugee status in any country;
    • This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible national of Venezuela who they are traveling with.
  • Not be an unaccompanied child;
    • Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.
  • Not have been ordered removed from the United States within the past 5 years or be subject to a bar based on a prior removal order;
  • Not have crossed irregularly into the United States, between ports of entry, after Oct. 19, 2022;
  • Not have unlawfully crossed the Mexican or Panamanian borders after Oct. 19, 2022; and
  • Comply with all additional requirements, including vaccination requirements and other public health guidelines.

When the Venezuelan national arrives at the United States port of entry, there will be additional screening and vetting. If granted parole, it will typically be for two years. Once granted parole, Venezuelan nationals may apply for employment authorization and request a social security number.   Parolees should note that their parole will be terminated if they depart from the United States without obtaining advance authorization to travel, among other restrictions. Venezuelan nationals wishing to request permission for advance travel and parole may wish to contact an immigration attorney to discuss the eligibility requirements. Additional information is also available on the USCIS website.

*Special thanks to Jessica DeNisi for her valuable contributions to this GT blog post.

The U.S. Department of State has published its March 2026 Visa Bulletin, and U.S. Citizenship and Immigration Services (USCIS) confirmed that employment-based adjustment applicants must rely on the Dates for Filing chart this month, instead of the Final Action chart.

Using the Dates for Filing chart allows eligible foreign nationals to submit adjustment of status applications and supporting documentation, even if an immigrant visa number is not yet immediately available. For some employers and sponsored employees, this means earlier filing, work authorization eligibility, and greater flexibility while waiting for final action dates to become current.

This month’s bulletin shows several meaningful advances, particularly for India in EB-2 and for China in EB-1 and EB-5.

Below is our breakdown of what changed and who may benefit.

Category-by-Category Updates

EB-1 (Priority Workers)

  • China: Advances four months to Dec. 1, 2023
  • India: Advances four months to Dec. 1, 2023
  • All other countries (including Mexico and the Philippines): Remain current

What this means: EB-1 continues to move steadily forward for both China- and India-born applicants, potentially allowing additional high-skilled professionals and multinational managers to file adjustment applications.

EB-2 (Advanced Degree Professionals)

  • China: No change; remains Jan. 1, 2022
  • India: Advancement of 11 months to Nov. 1, 2014
  • All other countries: Become current

What this means: EB-2 updates mark a notable development for this month. Indian EB-2 applicants see a substantial forward movement, while applicants from the rest of the world may now file immediately, regardless of priority date.

EB-3 (Skilled Workers and Professionals)

  • China: No change; remains Jan. 1, 2022
  • India: No change; remains Aug. 15, 2014
  • Mexico and most other countries: Advance 3.5 months to Jan. 15, 2024
  • Philippines: Advances three months to Jan. 1, 2024

What this means: Moderate progress continues outside of China and India, opening additional filing opportunities for employers sponsoring workers in this category.

EB-5 (Unreserved Investor Category)

  • China: Advances 40 days to Oct. 1, 2016
  • India: No change; remains May 1, 2024
  • All other countries: Remain current

What this means: Incremental forward movement continues for China-born investors, while most other countries maintain immediate availability.

Quick Reference: Dates for Filing – March 2026

CategoryAll Other CountriesChinaIndiaMexicoPhilippines
EB-1CurrentDec. 1, 2023Dec. 1, 2023CurrentCurrent
EB-2CurrentJan. 1, 2022Nov. 1, 2014CurrentCurrent
EB-3Jan. 15, 2024Jan. 1, 2022Aug. 15, 2014Jan. 15, 2024Jan. 1, 2024
EB-5 (Unreserved)CurrentOct. 1, 2016May 1, 2024CurrentCurrent

Practical Considerations for Employers and Employees

Because USCIS noted it will accept filings based on the Dates for Filing chart this month, eligible individuals may:

  • Submit adjustment of status applications sooner;
  • Apply for employment authorization (EADs) and advance parole; and
  • Secure greater stability while waiting for final visa availability.

Employers may wish to review priority dates now to determine which of their sponsored employees may be newly qualified to file in March.

Additional Commentary from the State Department

In the March Visa Bulletin, the State Department highlighted a slowdown in immigrant visa issuance at U.S. consulates for nationals of certain countries. According to the agency, this decline is tied to policy measures implemented during the Trump administration, including nationality-based travel restrictions affecting nearly 40 countries and a separate pause on immigrant visa processing impacting approximately 75 countries, with some overlap between the two groups.

Because the government is currently issuing fewer immigrant visas, overall demand on the annual visa allocation system has temporarily eased. As a result, the State Department advanced several employment-based cutoff dates in the March bulletin, creating additional filing opportunities for eligible applicants.

At the same time, the government cautioned that these forward movements may not be permanent. If visa demand rises or agencies lift or modify existing restrictions, the State Department may retrogress priority dates later in the fiscal year to remain within statutory limits. The current fiscal year concludes on Sept. 30, 2026. Employers and applicants should therefore consider treating these advances as time-sensitive opportunities and consider acting promptly where eligibility exists.