Immigration Forum / USA Marriage Base / January 2005

Thanks a lot!

As Rete has noted, you need to submit a new application for the renewal.

Not an issue that the previous has expired; each application is
evaluated on its own merits.  That you previously had an EAD or A/P
doesn't automatically entitle you to renewal; you still have to meet the
regulatory requirements.

It's actually "advance authorization of parole."  Works like this.

Parole = physical admission at the border with the understanding that
the person has not been "admitted' under the law.  Legally, the person
is outside of the U.S.; physically, inside.  This has consequences in
terms of the government's burden of proof in removal proceedings.

Parole may be applied for at the border.  It's what might happen, for
example, if you were ineligible for admission but needed emergency
medical attention, or if there were other humanitarian concerns.  This
is the typical way someone would be paroled into the U.S.

In the case of a pending adjustment applicant, you can ask for sort of
an advisory opinion which says, if you leave the U.S. and come back, you
will be paroled into the U.S. if you apply, assuming you haven't done
anything in the meantime to disqualify yourself.  This is the "advance"
part.  The agency is authorizing your parole into the U.S. in advance of
when you actually apply for it.  (In this case, the application is just
showing up at the border and asking to be let in.)

Note, because someone who enters with advance parole authorization is a
parolee, that person is physically in the U.S. but legally outside, just
as if the parole had been applied for first at the border.  For most
pending adjustment applicants, this is just a technical difference
because the risk of being placed in removal proceedings is small.  But,
in any individual case, if there is a risk of being placed in removal
proceedings, the person may not wish to apply for parole and give up the
additional rights that he or she may have as an admitted alien (assuming
he or she was inspected upon admission).

Bottom line, if your case is simple and clearly approvable, advance
parole is nothing to worry about; if there are any irregularities,
consult a lawyer before traveling on advance parole.

Hey Rete:

BTW, the I-551 alien card is a "rentry permit" for absenses of less than
a year.  That definition is in the passport.  However, the term is most
commonly used for the book form applied for by use of the I-131.  As
discussed elsewhere, many people call that little turquoise book the
"White Passport."