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.
Recently in 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.