Legal Question in Immigration Law in Washington

Employment Authorization and Advance Parole

If I file for both employment authorization and advance parole with my I-485 but due to some delay with the greencard I had to renew both how complicated will it be? And how early should I start filing for renewals?

Asked on 6/11/08, 12:37 am

2 Answers from Attorneys

Tahmina Watson Watson Immigration Law, LLC
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Re: Employment Authorization and Advance Parole

Both the employment authorization and advance parole require 90 days to process. So, you will need to plan for filing 3 months in advance. Hope that helps. If you require any further assistance, please feel free to call my office.

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6/11/08, 3:15 pm
Amir John Showrai The Pacific Law Firm, PLLC
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Re: Employment Authorization and Advance Parole

If it were me, I'd file for a new Employment Authorization Document (EAD Card) 90 days before the expiration of the current card.

I would apply for the Advance Parole 90 days ahead of intended travel dates, although I find that if they can, USCIS will get it to you quicker, when you list your travel dates as being sooner than that.

Last, as an aside, I will tell you what I tell all my clients with pending adjustments of status to become legal permanent residents who now want advance parole: DO NOT DO THIS IF YOU ABSOLUTELY DO NOT HAVE TO DO IT.

The reason I am so against it is because there is a chance that you will have trouble returning and thus just add a lot of time to your pending I-485 and complications, such as loss of employment, and the difficulty associated with having to remain outside the US. If this is for a vacation- then take the vacation afterward. If it's to say goodbye to your dying father, then I understand, so long as you understand the risk of complications. There is no right or wrong answer here, but as I said, I am very much against such travel if it is in any way discretionary.

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6/11/08, 8:19 am

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