Q: Can a person use an advance parole they didn’t exit with to return to the US
A friend who filed for an advance parole but had to leave the Us briefly for health reasons using her active visa to exit . She is ready to return back and wishes to know if it’s ok for me to send by post or recorded delivery her advance parole to her to use in returning back to the USA. Pls note her advance parole application didn’t indicate the parole will be received out of state. And her exit visa has expired , is it possible to use this newly approved advance parole as a legal travel document to return back to the US considering she didn’t exit using the advance parole.
A:
Advance Parole is a document that allows certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. This document is to ensure that the individual's application for adjustment of status (Green Card application) is not abandoned.
In the scenario you described, if your friend has an approved Advance Parole document and her visa has expired, she can use the Advance Parole to re-enter the United States. It's important to note that having an Advance Parole does not guarantee admission into the U.S., as the Customs and Border Protection (CBP) officers at the port of entry will make the final decision.
Your friend should carry the original Advance Parole document when traveling. Mailing it to her should be done cautiously, ensuring it's sent securely and arrives in time for her travel. The fact that she didn’t exit the U.S. using the Advance Parole does not invalidate its use for re-entry, provided it's still valid.
However, it's always advisable to consult with an immigration attorney for personalized legal advice, especially in complex situations like this. Immigration laws and policies can be intricate and are subject to change.
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