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Immigration travel documents for alien immigrant with pending adjustment application USCIS form 1-131, advance parole

Asked over 3 years ago - Seattle, WA

I am on the proses of a pending adjustment status through US Citizen husband petition, but I am also a granted indefinitely asylee.
If I travel outside America ( not to the country of the presecution), before green card is approved with advance parole document, and when I return back to US, am I still an asylee ? Or will I be considered abondoned my asylee status?

thank you very much .

Additional information
From the I-131 form on page 4 section C, it states that You may apply Advance Parole if you are classified as a refugee or asylee and you seek to travel abroad for emergent personal or bona fide business reasons, or you are traveling to Canada to apply for a U.S. immigrant visa. NOTE: If a refugee or asylee who returns to the United States with an Advance Parole Document is paroled into the United States at a port of entry upon return, he or she will not be returned to his or her refugee or asylee status. A refugee or asylee who returns to the United States with a valid Refugee Travel Document may be admitted to the United States to resume his or her refugee or asylee status.

should I apply for both advance parole and refugee travel document then?
Your advice and help is greatly appreciated. God Bless.

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Attorney answers (1)

Hassan Hussein Elkhalil

Reputation Level 13

Answered over 3 years ago. Immigration Attorney in Atlanta, GA.

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If you must apply, I think you should apply for advance Parole. I do not recommend that the client leaves the U.S. before the adjustment of status application is approved and the Green Card or the stamp is issued. You have to keep in mind that any time you enter the United States, you are asking for new admission. With the current immigration laws, I would not take any chances. I recommend travel only when there is a family emergency.
As to your asylee status, once your adjustment application is approved, you would have to withdraw your asylum application. You will recieve your green card through your USC husband petition before your visa number becomes available for you to adjust and receive your green card through your asylum application.

If you apply for your advance parole through the USC petition, the border officer may ask youquestions about your marriage. You will not lose your asylee status.

I hope that helps.

Hassan

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