Duringthe annual Office of the Citizenship and Immigration Services (CIS) OmbudsmanConference, USCIS Director, Francis Cissna, stated it is the USCIS’s intentionto end the practice of denying pending Advanced Parole applications (travelpermits) in situations where the applicant travels overseas while the travelpermit application is pending.
The USCIShas recently updated the “special instructions” section of their website regarding travel permits indicating individuals may travelwhen they have a pending travel permit application pending, provided they alsohave an approved travel permit that is valid for the entire time the individualis abroad. The pending travel permit will not be considered abandoned and sowill not be denied in this situation.
TheUSCIS website does not state that this change in policy applies to foreignnationals who travel abroad with a valid H or L visa. Non-immigrant intent is required formost visas, with a noted exception for those holding H-1B or L-1 status. Because of this exception, those traveling onH-1B or L-1 while their green cards are pending do not need a travel permit.
Travel permit applications are made most commonly when anindividual applies for a green card. Atthe time the green card application is filed, an application for a work andtravel permit is also filed. Unless thegreen card applicant holds H or L status, the green card applicant should nottravel abroad until the travel permit is issued. Traveling abroad without a valid travelpermit while a green card application is pending will cause the denial of thegreen card application for abandonment.