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ResourcesVisa & Immigration LawUS Immigration LawIs Advance Parole Advisable on a K-1 Visa?

Is Advance Parole Advisable on a K-1 Visa?

Transcript of the above video:

As the title of this video suggests, we're posing the question “is Advanced parole advisable on a K-1 Fiancé Visa?” What is Advance Parole?  Well for those who are unaware, a K-1 Fiancé Visa is designed specifically for the fiancé of an American citizen to travel into the United States for the sole purpose of getting married to their American citizen fiancé(e), and to be clear, exclusively to that fiancé(e); you can't arrive and marry somebody else. 

So you're coming in to marry a specific person. You have 90 days in which to do that and then file for what is called Adjustment of Status. The Adjustment of Status process, if the applicant is approved, confers Lawful Permanent Residence or Green Card status on the K-1 fiancé(e). And once that is done, that person is free to be resident in the United States and also is free to travel, to come and go from the United States and they are still considered a resident. That being said, during the process for Adjustment of Status, during the process under which the Lawful Permanent Residence, the Green Card of that individual is being adjudicated, they can't leave the United States lest their rights become extinguished; the whole process just ends at the moment that they leave. This is why there is what is called Advanced Parole. It is a travel document that allows the applicant to leave pending the resolution or the outcome of their residence application and return; they are allowed to come and go. 

Now the question posed in this video, because a lot of people when they get to the United States, they want to maintain their flexibility, their ability to travel. So a lot of folks ask me, "oh well how soon after she arrives can I go for Advance Parole” - it's usually the male is the American, the female is the Thai applicant, we mostly deal with Thais. My answer, in this Administration more and more, is look I think it's advisable to wait in the United States, get the Green Card issued and be done with it. That said, you can apply for Advance Parole. There's no sort of penalty for doing so, but I think a lot of people's expectations get all wound up in the notion that one, Immigration operates with any kind of efficiency. You may apply for Advance Parole, and you could get it at the same time you get your Permanent Residence anyway so it's sort of a moot point. Meanwhile the other thing associated with Advanced Parole is it's this sort of expectational thing where people think it's going to be just sort of a hop, skip and a jump to get that document issued. As a practical matter it is not, it takes time and frankly the system is broken by any metric. I mean however you look at it, the US Immigration System is not working optimally.

But that being said, yes, it's possible to apply for Advance Parole. Is it advisable? Under current circumstances, my personal opinion is in most cases and again depending on the underlying facts in the given case, the analysis may change, but in the vast majority of cases, I think you are better off waiting for your Green Card to process before attempting to travel to and from the United States.