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Can someone under removal proceedings travel outside the US on an advance parole?

Bronx, NY |

My friend has a pending case with immigration court and needs to travel outside the US urgently for a month. His next court date is in 6 months. Can he use an advance parole to travel?

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Attorney answers 4

Posted

It depends. Typically when someone is in removal proceedings and their passport was given back to them, they can travel. But I would not generalize. Your friend needs to discuss this issue with his/her attorney.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Irene Vaisman

Irene Vaisman

Posted

I should add that personally, I recommend against traveling when in removal proceedings.

Asker

Posted

Thank you very much for the advice.

Irene Vaisman

Irene Vaisman

Posted

you are welcome and good luck

Posted

It is generally not a good idea to travel when in removal proceedings, even with an advance parole document. Before traveling, this person should definitely consult with his/her immigration attorney. A potential problem could arise when the person is returning to the United States.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Asker

Posted

Thank you.

Posted

This is going to be a very fact-sensitive inquiry. However, probably not. It's hard to respond without more information. Consult an immigration lawyer.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Posted

I don't think he can. If he gets parole through a pending I-485 then under 8 CFR §245.2(a)(4)(ii) the I-485 used as the basis for relief from removal is deemed abandoned if he travels. If he doesn't have an I-485 pending then I'm not sure what basis he'd be using to get parole in the first place.

He shouldn't do anything without the assistance of an attorney.

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations. www.jrandolphlaw.com

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