I have applied for TPS for the first time and applied for advanced parole based on the TPS appliaction.
My TPS application is still pending, but the advance parole got approved.
I am also planning to file for asylum before traveling.
If the TPS application remains pending upon my return, can I still use the TPS based advance parole for re-entry based on my pending asylum case?
Or the TPS based advanced parole is only valid for entry based on the TPS status? and since my TPS will be still pending, I wont be allowed to re-enter.
At this tim, I DO NOT RECOMMEND that anyone travel with an advance parole.
Read the papers that came with the permit ... it clearly states that you won't be guaranteed entry back into the US.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The recommendation of my distinguished colleague, attorney F. Capriotti has furnished to you is correct. Now you just need to act on it with the help of local immigration counsel. You should not be restricted by geographic factors. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You should consult with an Immigration attorney. As for TPS/Asylum: you should consult with an attorney before you travel or file for Asylum.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
Traveling on advanced parole is a very risky venture under the current administration. If you must absolutely travel, it would be best to wait until the TPS application is adjudicated because a CBP agent has the discretion to refuse entry based on the lack of a valid status.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline