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EAD and Advance Parole

J.G. Azarcon, ESQ.
By J.G. Azarcon, Esq.

Under a new procedure announced by the Citizenship and Immigration Services, aliens in the United States applying for adjustment of status to permanent resident may now obtain a temporary employment authorization document (EAD) and advance parole in one card.

In the past, an alien applicant for adjustment of status could apply for work authorization pending approval of the permanent resident application and is issued a work permit card. If there is a need for immediate travel, the alien had to file a separate application for advance parole and receives a paper evidencing approval. If an alien exits the US pending adjudication of his adjustment application and without obtaining an advance parole, his application may be deemed abandoned and terminated.

Instead of holding a work permit card and an advance parole document, the alien under this new procedure will just be issued a card which will also indicate the grant of advance parole. The alien can then present this card at the port of entry and enable him to return to the US and continue with his adjustment application.

In order to obtain the two-benefit card, the alien must submit concurrently with or after the filing of the application for adjustment of status (I-485), the application for employment authorization (I-765) and the application for travel document (I-131).

Advance parole generally enables an alien who is out of status but has a pending application with the immigration service to be allowed to return to the United States. It is not a guaranty however that the alien will be admitted at the port of entry.

Under current law, if an alien has exited after having been out of status in the U.S. for more than 180 days, he/she will not be readmitted for at least three years. If the alien has overstayed for more than a year, he/she will not be readmitted for at least ten years. Presenting the advance parole card at the port of entry under these circumstances may be futile.

 

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