Parole Authority of Customs and Border Protection (CBP)
The Immigration and Nationality Act (“INA”) permits CBP to
parole aliens seeking admission into the US based on urgent humanitarian
reasons or significant public benefit. Most advance paroles are given
to applicants for adjustment of status that travel for
bona fide business or personal reasons.
USCIS is responsible for the adjudication of applications for advance parole
and granting Form I-512, the advance parole document. The I-512 is presented
to CBP upon return to the US by the foreign national.
INS and CIS have interpreted the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA) created 3 and 10-year bars as grounds
of inadmissibility for having remained in the US unlawfully and subsequently
departing the US. Departure from the U.S. on an advance parole document
is a “departure” for the purpose of triggering the three or
ten-year bar, per the following guidance:
Recently, the Administrative Appeals Office (AAO) in considering an adjustment
of the status applicant in
Arrabally who had departed and returned on advance parole found that the I-601 waiver
was not required because the applicant’s departure on advance parole
did not trigger the ten-year bar.
Arrabally and Yerrabelly the Board of Immigration Appeals (BIA) has overturned CIS guidance as to
the admissibility of aliens that travel on advance parole, it does not
change CBP’s role in the process of inspecting and paroling in aliens
who hold a valid Form I-512. CBP may lack authority to deny entry to an
alien to whom USCIS has issued an advance parole document based only on
one or more grounds of inadmissibility.