b. Travel Warning Before you apply for an Advance Parole Document, read the following travel warning carefully. For any kind of Advance Parole Document provided to you while you are in the United States: (1) Leaving the United States, even with an Advance Parole Document, may impact your ability to return to the United States. (2) If you use an Advance Parole Document to leave and return to a port-of-entry in the United States, you will, upon your return, be an “applicant for admission.” (3) As an applicant for admission, you will be subject to inspection at a port-of-entry, and you may not be admitted if you are found to be inadmissible under any applicable provision of INA sections 212(a), 235, or any other provision of U.S. law regarding denial of admission to the United States. If DHS determines that you are inadmissible, you may be subject to expedited removal proceedings or to removal proceedings before an immigration judge, as authorized by law and regulations. (4) As noted above, issuance of an Advance Parole Document does not entitle you to parole and does not guarantee that DHS will parole you into the United States upon your return. (5) As noted above, DHS will make a separate discretionary decision whether to parole you each time you use an Advance Parole Document to return to the United States. (6) If, upon your return, you are paroled into the United States, you will remain an applicant for admission. (7) As noted above, DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States. Even if you have already been paroled, upon your return to the United States DHS may also revoke or terminate your parole in accordance with 8 C.F.R. 212.5. If you are outside the United States, revocation or termination of your Advance Parole Document may preclude you from returning to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission. Ref: Form I-131 Instructions 03/22/13 N Page 5 of 13

BioMed · Oct 29, 2015 1:53 PM

Secretary U.S. Department of Homeland Security Washington, DC 20528 Homeland Security November 20, 2014 MEMORANDUM FOR: Stevan E. Bunnell General Counsel Office of the General Counsel Leon Rodriguez Director U.S. Citizenship and Immigration Services Thomas S. Winkowski Acting Director U.S. Immigration and Customs Enforcement R. Gil Kerlikowske Commissioner U.S. Customs and Border Protection FROM: Jeh Charles Johnson Secretary SUBJECT: Directive to Provide Consistency Regarding Advance Parole Advance parole is an established procedure by which U.S. Citizenship and Immigration Services (USCIS) may authorize, as a matter of discretion, an individual to travel abroad with advance authorization to be considered for parole into the United States upon return. For example, USCIS regularly grants advance parole to individuals with certain types of temporary status or with pending immigration applications. Advance parole is subject to U.S. Customs and Border Protection (CBP) later considering parole at the port of entry. In April 2012, the Board of Immigration Appeals issued the precedent decision Matter of Arrabally (later amended in August 2012),1 which held that individuals who travel abroad after a grant of advance parole do not effectuate a "departure . . . from the 1 Matter of Arrabally, 25 I. & N. Dec. 771 (BIA 2012). 1 www.dhs.gov United States" within the meaning of section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA). That provision , along with section 212(9)(B)(i)(I) , establishes the "3- and 10-year bars" for persons who have "departed " after more than 180 days of unlawful presence in the United States.2 The Arrabally decision arose in the context of two aliens who had been in unlawful status for multiple years , applied for adjustment of status, and obtained advance parole to travel to India several times. The Board of Immigration Appeals held that travel on advance parole was not a "departure" within the meaning of the statute and hence did not trigger the ground of inadmissibility that bars admission after the accrual of unlawful presence . This is to notify you that I have asked the Department’s General Counsel to issue written legal guidance on the meaning of the Arrabally decision, which will clarify that in all cases when an individual physically leaves the United States pursuant to a grant of advance parole, that individual shall not have made a "departure" within the meaning of section 212(a)(9)(B)(i) of the INA. This instruction will ensure consistent application of the Arrabally decision across the Department , and provide greater assurance to ind ividuals with advance parole of the consequences of their travel. Nothing in this directive is intended to l imit the authority of CBP to conduct its routine inspection and admission or parole of an individual returning to the United States. 2 IN A § 2 l 2(a)(9)(B)(i), 8 U .S.C. § l l 82(a)(9)(B)(i). 2

furke · Oct 29, 2015 2:47 PM

The above memorandum states that you will not be barred for 10 years. Get a lawyer before traveling though if they stop you at POE.

furke · Oct 29, 2015 2:49 PM