Update on USCIS Practice of Denying Pending Forms I-131 for Abandonment Due to International Travel

USCIS recently updated its website with information regarding the agency’s practice of denying pending Form I-131 advance parole applications for abandonment due to international travel. Specifically, USCIS indicates on its website that if an applicant files Form I-131, Application for Travel Document, to request an advance parole document and departs the United States without possession of an advance parole document that is valid for the entire time the applicant is abroad, USCIS will consider the pending Form I-131 to be abandoned. USCIS further notes that at times, an individual may have an approved advance parole document while a second one is pending with the agency. USCIS indicates that individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad, and confirms that a pending Form I-131 application will not be considered abandoned in this situation. Though not a formal announcement, this update can be found on the USCIS website under the Special Instructions section. This update does not appear to cover applicants who travel abroad with a valid H, K, L, or V visa. This is also contrary to a statement recently by the Director of the USCIS of the Service’s intention of doing away with this policy, but it is unclear when this is likely to happen. Please stay tuned to our website and email updates through Kidambi iMail™ for the latest regarding this matter.

2018-12-19T15:42:59+00:00Dec 19, 2018|