Q: Can I get approved for advance parole without a humanitarian reason?
My fiancée, who lives in Australia, is going to be coming to America on a K1 visa. Would we be able to get a I-131 approved for her to travel back to Australia so we can do a reception with all of her family? She will be applying while under adjustment of status. I have read conflicting information on this. I have seen that an I-131 is only for humanitarian reasons and I have seen some that said you can use an I-131 for any travel.
We wont be able to do anything big with her family before she leaves Australia, so going back 4 months later to do something for them is extremely important to her. Any help is greatly appreciated. Thank you!
A: if you get married to your US citizen fiancé as soon as possible after entering the US on a K-1 visa, and then concurrently file for the I-485, I-130, and I-131 applications, it is possible to be approved for Advance Parole. This will allow your fiancé to travel outside the US and back to Australia for the reception with her family. It is recommended to consult with an immigration attorney to ensure that all necessary steps are taken for a successful outcome.
A: As my colleague stated, once your fiancé enters the United States, she should immediately file for adjustment of status after you get married. Then you can request in your filing that the advance parole application be expedited, and support that expedited request with documents that show that the emergency is justified.
Yes, it is possible to apply for and obtain Advance Parole without a humanitarian reason, even if you are under adjustment of status. While Advance Parole is primarily intended for humanitarian reasons, it can also be granted for other reasons, such as travel for business or personal reasons.
To apply for Advance Parole, you would need to file Form I-131, Application for Travel Document, with the US Citizenship and Immigration Services (USCIS). You can file the application concurrently with your adjustment of status application or after your adjustment of status application is pending.
In your application, you should provide a clear explanation of your travel plans and the reason for your travel. If you have specific travel dates, you should include those as well. It's important to note that while USCIS may grant Advance Parole, it does not guarantee admission back into the US upon return, as Customs and Border Protection (CBP) has the final say on entry.
It's recommended that you consult with an experienced immigration attorney to help you prepare your Advance Parole application and ensure that it has the best chance of being approved.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.