The United States Citizenship and Immigration Citizenship (USCIS for brevity) requires certain individuals to request for advance parole before leaving the United States.

To avoid future complications when they want to reenter. The following persons need to apply:

1. Those who  have been granted with Temporary Protected Status;
2. Those with pending application for adjustment of status to lawful permanent resident;
3. Those who have pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
4. Those with a pending asylum application; and
5. a pending application for legalization

K1 Visa holder

K1 visa holders squarely falls under the second group of persons who are required to apply for an advance parole before leaving the United States. Please take note that the K1 visa is a single entry nonimmigrant visa. For this reason, the visa may not be used to reenter. Once the holder leaves the United States, he or she has to apply for another visa. Moreover, the departure may also be deemed as abandonment of the pending application for adjustment of status.

This is in contrast with the K3, CR-1 and IR-1 visas. The K3 visa is a multiple entries visa. On the other hand the IR-1 and CR-1 visas are immigrant visa already.  Before the holder travels to the US, his or her status was already adjusted to legal permanent residence through consular processing.

Remedy: Application for Advance Parole

If it is unavoidable to leave while the application for adjustment of status is pending, the holder needs to file with the USCIS Center the relevant application for Advance Parole.  This document will authorize the holder to use the same K1 visa in reentering the US.

The processing of the application for advance parole is not that fast. Thus, for emergency purposes, the USCIS now highly recommends advance filing of applications at the time of adjustment of status.

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