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The dangers of traveling homeland during the holidays
By Philip Abramowitz
QUESTION: I was petitioned for permanent residence by my father, a U.S. permanent resident, in 1991. I entered the United States on a tourist visa in 1990 and my visa has expired.
I am 30 years old and single. I have filed for adjustment of status last December 1997 and I was told that I have to wait another two to three months for my interview for permanent residence. It is almost Christmas and I would like to go home to the Philippines to visit my sisters and brothers. How can I obtain permission to travel for a two-week visit? If I leave the U.S., will my petition be affected? Can I get a re-entry permit or a parole so I can come back if I go home?
ANSWER: With the Christmas season approaching, the most often asked question by my clients is "how can I go home to the Philippines ?" Often, my answer does not make my clients very happy, but as I tell them, it is often better to spend one more Christmas in the U.S. than to be stranded abroad for three years or more.
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True, selected persons awaiting immigration can obtain permits to travel to the Philippines and safely return to this country without sacrificing their immigration cases. However, be sure that you can return to this country before you make your travel plans. I will briefly run down the classifications of persons who can travel abroad this season.
Firstly, all permanent residents can travel outside the U.S. whenever they wish. As long as your absence is less than six months, you can easily return and your eligibility for immigration is not affected. Persons who have already filed applications for adjustment of status to permanent resident cannot always travel freely even with a so-called "parole visa."
Those with pending applications for adjustment of status can apply for advance parole to travel outside the U.S. provided the applicant was not out of status for more than six months prior to filing for adjustment.
If you were illegally staying in the U.S. for more than six months before filing for adjustment of status, you cannot safely return after traveling abroad even with a parole visa.
Under recent immigration law, departing the U.S. after illegally remaining here for six months or more, triggers the so-called "three-year bar" which means that you are barred for returning for at least three years — even with advance parole! The only exception to this rule pertains to persons who filed for adjustment of status prior to Sept. 28, 1997, before the bar went into effect.
If you are not sure when you filed for adjustment of status, check your filing receipt or contact an experienced attorney before traveling.
Persons who have a pending application for political asylum may also obtain advance parole, but in this case the USCIS requires valid proof of a true emergency — vacations will not suffice. An emergency normally means a seriously ill relative or very pressing business commitment.
If you are eligible for parole, be sure to apply as soon as possible as the USCIS is very busy and cannot guarantee to process your request in a timely manner. Advance parole often takes many weeks to be granted. An application for advance parole may be made by filing form I-131 with the USCIS with the appropriate fee and two greencard-style photos.
If you do not have a pending adjustment or political asylum application, chances are you do not qualify for advance parole. Persons present in the U.S. on H1-B, B-2, F-1 or other non-immigrant visas do not qualify for advance parole and must re-enter the U.S. on their present non-immigrant visas or apply for new visas abroad.
This could be a problem especially in the Philippines where it is never certain that a non-immigrant visa will be issued in Manila.
In short, it is always wise to consult with an immigration expert before embarking on a trip abroad. A little bit of advice can save you time and money.
Readers may get in touch with columnist Philip Abramowitz c/o law firm of Korenberg, Abramowitz and Feldun, 13949 Venture Blvd., Suite 300 Sherman Oaks, CA 91423 or call tel. (818) 788-1914. <
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