Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Will traveling abroad before my Advance Parole is issued cause my application for Work Authorization to be denied?

QUESTION: I applied for Work Authorization (EAD) and Advance Parole along with my I-485 application. Will travel before the Parole is approved forfeit just my Parole application or will that also cause the denial of my application for EAD?

THE IMMIGRATION ANSWER MAN – ARI SAUER: The answer depends on what immigration status you hold.

If you are not in valid H-1B, H-4 (for spouse or child of H-1B), L-1A, L-1B or L-2 nonimmigrant status when you leave the US, and you do not have a valid H-1B, H-4, L-1A, L-1B or L-2 visa in your passport to use to return to the US, then leaving the US before the Application for Advance Parole (Form I-131) is approved and the Advance Parole document is issued will result in the abandonment and denial of the Form I-485 Application for Adjustment of Status, as well as the applications for Advance Parole (Form I-131) and Work Authorization (EAD) (Form I-765).

If you are in valid H-1B, H-4 (for spouse or child of H-1B), L-1A, L-1B or L-2 nonimmigrant status when you leave the US and you have a valid H-1B, H-4, L-1A, L-1B or L-2 visa to return to the US on and this is an application for an initial Advance Parole, then travel outside the US before Form I-131 is approved and the Advance Parole is issued will result in the Form I-131 application being abandoned and denied, but should not affect your Form I-765 application for EAD.

If you already have a valid Advance Parole document and the pending Form I-131 is an application to extend your current Advance Parole and you will be returning to the US on your current Advance Parole prior to the current expiration date, then traveling abroad while your Form I-131 application is pending should not result in a denial of any of these applications.

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Published 2/28/19 by attorney Ari Sauer.

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Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

2 comments on “Will traveling abroad before my Advance Parole is issued cause my application for Work Authorization to be denied?

  1. Fatou N'Jie
    May 28, 2019

    Hi Ari, I filed the I-485 for my mom with all the documents requested 6 months ago. Last week, I received notification from USCIS that the application is incomplete and they need a copy of the birth certificate (which I had already submitted with the I-485). The letter states “..USCIS will only accept a long-form birth certificate which lists at least one parent. The birth certificate was included in the original i-485 but a letter that was sent to say the document was authentic was overlooked and not included. Could that be the reason why the letter was sent requesting for “Initial Evidence”? What is a “long-form birth certificate”?

    Thank you.

    • Some countries (for example Canada, the UK, and South Africa) issue both a long form birth certificate and a short form birth certificate. The difference is that the long form birth certificate lists the names of the person’s mother and father, which the short form birth certificate does not. USCIS requires that applicants provide the long form birth certificate, with the parents’ names. So check to see if your parents’ names are listed on the birth certificate that you provided. If not, that is the reason why USCIS issued the Request for Evidence, and you will need to obtain a long form birth certificate to submit to USCIS in response to the RFE.

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This entry was posted on February 28, 2019 by in EAD, H-1B, H1B, Uncategorized and tagged , .
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