Advance Parole is an immigration term that basically means “permission to leave and return to the United States.” This travel document is important because a Thai fiancee cannot leave and re-enter the US without obtaining this document before leaving. Immigration officials will assume abandonment of residence in the US if someone leaves the US after entering with a K1 visa. Therefore, if your Thai fiancee enters the country on a K1 visa and then leaves, she will not be allowed to return to the US with that K1 visa. The whole process must be restarted from scratch.
EARLY RELEASE AND ADJUSTMENT OF STATUS FOR A THAI FIANCÉE
The issue of early parole often arises when a Thai person wishes to return to Thailand while their application for adjustment of status is still pending. The problem is that USCIS will consider the visa abandoned, as well as the application to adjust status, so once again this leaves the Thai fiancee out of the country without a visa to return. Early parole is crucial if your Thai fiancée wishes to leave the US, regardless of where your adjustment of status petition is in the process. Once you have obtained permanent residence, you can leave the country and return, but until then it is advisable for your fiancée / wife to stay in the United States.
EARLY PERIOD AND K-3 VISAS?
A Thai spouse present in the United States on a K3 visa can leave and re-enter the US without an advance parole travel document because the K3 is a multiple entry visa.
THE HONEYMOON AND A THAI WIFE: ADVANCED TRAPS TO AVOID PAROLE
How does early parole become a problem for some American / Thai couples? The answer is simple: the honeymoon. For those who wish to travel outside of the US, the need for advance parole can postpone or cancel a potential honeymoon. This is better than the alternative: leaving the United States only to find that his Thai fiancee, now a wife, cannot re-enter the United States. Some people have asked me if they can take their Thai spouse to Puerto Rico and the US Virgin Islands. Although both places, along with Guam and some other US possessions, are under the jurisdiction of the United States, there is a legal question as to whether going to one of these places constitutes “leaving the country” for immigration purposes. I think leaving the 50 US states when adjustment of status is pending is a reckless decision. Puerto Rico is technically another country, albeit a country in perpetual union with the US, and now anyone traveling between the US and Puerto Rico has to go through customs. As a result, it is prudent to simply avoid traveling to Puerto Rico or the US Virgin Islands until your Thai spouse’s Adjustment of Status is completed.
Thank you for reading,
Benjamin W. Hart, Esq.
The information in this document is intended for informational purposes only and should not be used as a substitute for competent legal advice from a professional.
