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Advance Parole is a time period within the Immigration discipline that principally means, “permission to depart and return to the USA.” This journey doc is vital as a result of a Thai fiancee can’t depart and reenter the US with out acquiring this doc earlier than she leaves. Immigration officers will presume abandonment of US residence if somebody leaves the US after getting into on a K1 Visa. Thus, in case your Thai fiancee enters the nation on a K1 Visa after which leaves she is not going to be allowed again into the US on that K1 Visa. The entire course of should be restarted from scratch.
ADVANCE PAROLE AND ADJUSTMENT OF STATUS FOR A THAI FIANCÉE
The query of Advance Parole usually arises when a Thai fianee needs to return to Thailand whereas her utility for Adjustment of Standing remains to be pending. The issue is that the visa will probably be thought-about deserted by USCIS in addition to the applying to regulate standing so as soon as once more this leaves the Thai fiancee outdoors of the nation with no visa to get again in. Advance Parole is essential in case your Thai fiancee needs to depart the US it doesn’t matter what stage of the method her Adjustment of Standing petition is in. As soon as she has obtained Everlasting Residence she will go away the nation and return, however till then it’s sensible in your fiancée/spouse to remain within the US.
ADVANCE PAROLE AND Ok-3 VISAS?
A Thai partner current in the USA on a K3 Visa is ready to depart and reenter the US with out an advance parole journey doc as a result of the K3 is a a number of entry visa.
THE HONEYMOON AND A THAI WIFE: ADVANCE PAROLE TRAPS TO AVOID
How does Advance Parole turns into a difficulty for some American/Thai {couples}? The reply is straightforward: the Honeymoon. For these wishing to journey outdoors of the US the need of advance parole can both postpone or cancel a potential honeymoon. That is higher than the choice: leaving the USA solely to search out out that your Thai fiancee, now spouse, can’t reenter the US. Some individuals have requested me if they will take their Thai partner to Puerto Rico and the US Virgin Islands. Though each of those locales, together with Guam and some different American possessions, are beneath US jurisdiction there’s some authorized query as as to if going to considered one of these locations constitutes “leaving the nation” for immigration functions. I imagine that going outdoors of the 50 US states when the adjustment of standing is pending is an unwise resolution. Puerto Rico is technically one other nation, though a rustic in a perpetual union with the US, and now anybody touring between the US and Puerto Rico has to undergo customs. In consequence, it’s prudent to easily keep away from journey to Puerto Rico or the US Virgin Islands till such time as your Thai partner’s Adjustment of Standing is full.
Thanks for Studying,
Benjamin W. Hart, Esq.
The data imparted herein is meant for informational use solely and shouldn’t be used as a alternative for competent authorized recommendation from knowledgeable.
