Green Cards:I-131: Advance Parole During Green Card Process

I-131:  Advance Parole During Green Card Process

1. In general (certain exceptions apply), a green card applicant with pending I-485 green card cases should not travel internationally without an I-131 advance parole to prevent jeopardizing the pending green card case.

2. Depending on the criteria, the green card applicant may also be eligible to file the I-485 Adjustment Application concurrently with the I-130 Immigration Relativce Petition.  The filing of a non-frivolous I-485 case confers the eligibility to the green card applicant to apply for an I-131 advance parole and I-765 employment

authorization document (EAD) for him/herself and also applicable derivative family members.

3. PLEASE NOTE, an applicant with a pending I-485 case must not travel internationally without consulting a competent immigration attorney because:

c) In general (certain exceptions apply), an I-131 advance parole is required before the foreign national with a pending I-485 green card case travels internationally.

d) Moreover, certain green card applicants should not travel internationally even if they have been issued, or may not require an I-131 advance parole, to prevent jeopardizing his/her pending green card case.

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