USCIS Clarification on Advance Parole & International Travel

In light of the numerous denials of Advance Parole applications due to international travel by applicants even in possession of a valid Advance Parole, the U.S. Citizenship and Immigration Services (USCIS) recently amended its policy.

Under the revised policy, which came into effect in February 2019, if an applicant files Form I-131, Application for Travel Document, to request an Advance Parole document and departs the United States without possession of an Advance Parole document that is valid for the entire time the applicant is abroad, his or her Form I-131 will be considered abandoned.  At times, an individual may have an approved Advance Parole document while a second one is pending. Individuals may travel on the approved Advance Parole document, provided the document is valid for the entire duration of their time abroad.  The pending Form I-131 will not be considered abandoned in this situation.

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March 2016 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employment- Based	All Chargeability Areas Except Those Listed	CHINA – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01AUG12	15OCT08	C	C
3rd	01JAN16	01JUN13	15JUL04	01JAN16	15MAR08
Other Workers	01JAN16	01FEB07	15JUL04	01JAN16	15MAR08
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	22JAN14	C	C	C
5th Pilot Programs	C	22JAN14	C	C	C

February 2016 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN13	01JUL09	C	C
3rd	01JAN16	01OCT13	01JUL05	01JAN16	01JAN10
Other Workers	01JAN16	01JAN07	01JUL05	01JAN16	01JAN10
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Non-Regional Center (C5 and T5)	C	01MAY15	C	C	C
5th Regional Center (I5 and R5)	C	01MAY15	C	C	C

December 2015 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN13	01JUL09	C	C
3rd	01SEP15	01OCT13	01JUL05	01SEP15	01JAN10
Other Workers	01SEP15	01JAN07	01JUL05	01SEP15	01JAN10
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Non-Regional Center (C5 and T5)	C	01MAY15	C	C	C
5th Regional Center (I5 and R5)	C	01MAY15	C	C	C

November 2015 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Application

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01JAN13	01JUL09	C	C
3rd	01SEP15	01OCT13	01JUL05	01SEP15	01JAN10
Other Workers	01SEP15	01JAN07	01JUL05	01SEP15	01JAN10
4th	C	C	C	C	C
Certain Religious Workers,	C	C	C	C	C
5th Non-Regional Center (C5 and T5)	C	01MAY15	C	C	C
5th Regional Center (I5 and R5)	C	01MAY15	C	C	C

Visa Bulletin Changes and How to Read/Understand it

Effective October 2015, the U.S. State Department’s visa bulletin will include two different charts each for family-based and employment-based visa preference categories.   The charts are:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

Generally speaking, unless otherwise indicated in this visa bulletin itself, individuals seeking to file applications for adjustment of status (i.e. Form I-485) with U.S. Citizenship and Immigration Services (USCIS) must use the “Application Final Action Dates” chart for determining when they can file Form I-485 adjustment applications. The visa bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas.

For instance, the October 2015 visa bulletin clearly indicates for family-based visa category that “USCIS has determined that this chart (4.B.) may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.” and for employment-based visa category that “USCIS has determined that this chart (5.B.) may be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. ”  This means that for October 2015, individuals seeking to file adjustment applications (whether in family-based or in employment-based categories) may use the chart listed in Dates for Filing [of Family-Based or Employment-Based] Applications to determine their priority dates for Form I-485 filing purposes.

Background and reason for the change in visa bulletin:

According to State Dept., this revised process will enhance its ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.  The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

August 2015 Visa Bulletin – Employment-Based Immigrant Visa Numbers

Employment- Based	All Chargeability Areas Except Those Listed	CHINA – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15DEC13	01OCT08	C	C
3rd	15JUL15	01JUN04	01JUN04	15JUL15	01JUN04
Other Workers	15JUL15	01JAN04	01JUN04	15JUL15	01JUN04
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	01SEP13	C	C	C