U.S. CUSTOMS AND BORDER PROTECTION CLARIFIES ADVANCE PAROLE GUIDANCE; PRACTITIONERS URGE CAUTION
On January 22, 2025, U.S. Customs and Border Protection (CBP) clarified that the executive order directing the termination of all categorical parole programs conflicting with U.S. policies does not apply to individuals arriving with a valid Form I-512 (advance parole) or those being processed for Significant Public Benefit Parole in coordination with federal law enforcement partners.
While the guidance confirms that adjustment of status applicants with a valid I-512 may be admitted, legal practitioners advise caution. They recommend that employees maintain their underlying visa status and, whenever possible, travel using valid H or L visas rather than relying on advance parole.
Key recommendations include:
Consider delaying nonessential travel until CBP officers at various ports of entry receive clear guidance, procedures, and training.
“Dual intent” H or L visa holders should use their valid nonimmigrant visas for re-entry instead of relying on advance parole.
Should travel be required, travelers without an underlying H or L visa may benefit from carrying copies of CBP’s Regional Carrier Liaison Guidance until full training is implemented.
Nonimmigrant visa holders in categories without “dual intent” (e.g., O, E, F, TN) with a pending Form I-485 (Application to Register Permanent Residence or Adjust Status) should be prepared to explain to CBP that seeking re-entry under their nonimmigrant status may result in the abandonment of their pending I-485. Instead, they should continue requesting admission based on their valid advance parole.
Parole document holders should anticipate longer processing times in CBP’s Secondary Inspection and be prepared to present relevant documentation upon request. Travelers using advance parole related to a pending I-485 should ensure their application remains active and carry a copy of their I-485 receipt notice, as CBP often verifies the status of pending applications during secondary inspection.
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