What is Advance Parole?
Advance Parole (AP) is the right of an alien to re-enter the United States after traveling abroad so that they won’t be denied entry into the country by US Immigration. Aliens petition for Advance Parole so that their travels would not disrupt their green card application process if they have a pending application for an Adjustment of Status. If they did not obtain AP before leaving the United States, then they will not be allowed to re-enter the country until they re-apply for a new visa.
Refugees who have been granted asylum by the US Government, those who have been granted benefits under the Family Unity Program or a Temporary Protected Status, and anyone with an asylum application pending can also request for AP. The application for obtaining Advance Parole usually takes 2-3 months to be processed. Once the Advance Parole is approved, an alien can stay outside the US for up to 1 year, as noted on the expiration date on the AP. They cannot re-use the AP once it expires.
Does my Thai fiancé need to obtain Advance Parole if they want to return to Thailand?
The short answer is yes if their visa is single entry only, such as with the K-1. If your Thai fiancé has entered the US and wishes to travel back to Thailand, then they will need to obtain AP. Otherwise, their K-1 visa will be deemed abandoned and the process must start over. In order to obtain AP, your fiancé can file for a travel document when they file for Adjustment of Status. If they have already filed for Adjustment of Status, then they can file for AP at any time.
Does my Thai spouse need to obtain an Advance Parole if they want to return to Thailand?
The K-3 and CR-1 visas allow for multiple entries, so spouses on these visas may leave the United States and return using the same visa. They do not need to obtain an AP travel document to re-enter the United States after traveling abroad.
Can I leave on my honeymoon with my Thai fiancé?
This is of particular concern for couples who wish to visit Canada. The border between Canada and the US is notoriously porous and it is very easy to cross into Canada and come back without receiving any passport stamps. It is not advisable for your fiancé to try to slip into Canada and back without a travel document, because even if it is not immediately discovered a later discovery could be construed as abandonment and be grounds for refusal of ALL future visa applications.
What if we decide to honeymoon in a US territory abroad, do we need to obtain Advance Parole before doing so?
It is not advisable for a K-1 visa holder to travel to any US territory that is not an actual US state. These territories include the US Virgin Islands, Guam, Puerto Rico, and others. The law is admittedly somewhat murky with regard to this question, but we advise not taking the risk. Even though these territories are US possessions, this opens the K-1 Visa holder up to the possibility that USCIS might construe a vacation to one of these places as the abandonment of the K-1 visa.
We, at Siam Legal, do not advise a K-1 holder to travel outside of the United States or to any outlying US possessions without first obtaining an Advance Parole travel document.
As you can see, it is necessary to obtain an AP before doing any traveling on a K-1 Visa, but getting one can be a confusing and difficult undertaking. By having this process handled by experienced professionals, the advanced parole process can be swift and stress-free with minimal chance of issues.
We have a proven track record of obtaining Advance Parole travel documents for Thai citizens. Let Siam Legal help you expedite this process quickly and painlessly.
Our US Visa Team
We, at Siam Legal, do not advise a K-1 holder to travel outside of the United States or to any outlying US possessions without first obtaining an advance parole travel document.
Traveling abroad on a K-1 visa can be a tricky proposition once your Thai fiancé has entered the US. Any travel abroad that occurs before your fiancé has adjusted her status could result in the USCIS deeming her visa abandoned and the process must start again from square one. It is necessary to obtain advance parole and this can be a confusing and difficult undertaking. By having this process handled by experienced professionals the advanced parole process can be swift and stress-free.
We have a proven track record obtaining advance parole travel documents. Let Siam Legal help you expedite this advance parole process quickly and professionally.
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