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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas: Why No Dual Purpose EAD And Advance Parole Travel Document?

K-1 Visas: Why No Dual Purpose EAD And Advance Parole Travel Document?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé Visa. Specifically we are discussing this in the context of Adjustment of Status and travel authorization associated with one's status while in the United States waiting for a Green Card. What are we talking about here?

We are talking about the Employment Authorization Document, the EAD, which at one time had sort of a dual purpose mandate which allowed for Advance Parole at the same time. These days they are explicitly stating that it doesn't, and the question posed is why? Long story short, I guess the purpose of this video is to allow me to rant about the fact that the Immigration System has just gotten progressively worse as time has gone on and this is a perfect example. At one time they said "hey once your Employment Authorization Document is issued that sort of doubles as your Advance Parole. These days they explicitly state that that is not the case and I don't get why. Why not just allow Advance Parole, if the Employment Authorization Document is already issued? But seemingly they don't really want to do that.

I don't know if this was a byproduct of the increasing obtuseness that started to exist in the American Immigration System starting with the Trump Administration - about two years into the Trump Administration - but quite honestly this isn't a partisan thing. The Immigration System has become increasingly difficult to deal with even under the Biden Administration and I think quite honestly this Employment Authorization Document dual purpose issue is just one more example of the way in which Immigration has, seemingly intentionally, tried to make every aspect of the process of dealing with one's Immigration and maintaining their status in the United States, increasingly obtuse. Meanwhile the Border remains wide open, but those who are trying to do things legally have to sort of walk through this minefield maze of increasingly sort of Byzantine regulations associated with maintaining their ongoing status inside the United States and also trying to upgrade one's status to Green Card status in America.