IMMIGRATION CORNER
By Michael J. Gurfinkel, Esq.

MANY Filipinos who are illegal in the U.S., dream of visiting friends and relatives in the Philippines. They heard that if they have an adjustment of status application pending, they could apply for advance parole, which is “permission” by the government to leave the U.S. and return within a certain time period. They mistakenly believe that advance parole “guarantees” that they can return to the U.S. after their trip abroad.

A word of caution, though, for those who do not have their plastic green cards yet: better consult with an immigration attorney before boarding the plane for that anticipated balikbayan trip.

The United States Citizenship and Immigration Services (USCIS) once again cautioned people who are still awaiting adjustment of status to obtain advanced parole (Form I-131 — Application for Travel Document) before even making travel plans. (Advanced parole is a permission to reenter the U.S. after travelling abroad, and allows for the continuation of processing for adjustment of status to that of lawful permanent resident.)

However, while the advanced parole technically allows you to reenter the U.S., the USCIS cautions, in the same breath, that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 provides that “immigrants who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained advanced parole.”

Those who have been unlawfully present (or out of status) in the U.S. for between 180 days (six months) and one year, may not be allowed to reenter the U.S. for at least three years. Those illegally present in the U.S. for one year or more, may not allowed to reenter the U.S. for at least 10 years, even if you obtained and present an advanced parole document at the port of entry. For those who were lucky to reenter using the advanced parole, they still face the possibility of being denied adjustment of status to green card, based on the 3/10-year bar.

Under these circumstances, if you were illegally in the U.S. for more than 180 days, it may be advisable for you not to leave the U.S. until you have finally secured your green card.

Also, when a person is granted permanent residence, he doesn’t get the actual plastic green card right away. It may take many weeks or months before the plastic green card is mailed to the person. Instead, the interviewing officer “stamps” a temporary evidence of lawful permanent residence on one of the pages of the applicant’s passport. This technically enables the person to travel outside the U.S., obtain work, and do other things until he gets the actual plastic green card.

Recently, there have been several incidents at the Ninoy Aquino International Airport where people got caught trying to board their flight to the U.S. using forged I-551 stamps.

The USCIS now requires that those who have a temporary green card stamped on their passports (Form I-551 — Temporary Green Card) to obtain a Boarding Letter from the U.S. Embassy before boarding the plane back to the U.S. This is being done to crack down on those people who attempt to travel on “fake” green card stamps.

If you plan to travel to the Philippines or anywhere outside the United States, and you don’t have that plastic green card yet, I suggest you consult with a reputable immigration attorney, who can advise you if it is safe for you to leave the U.S., even for a vacation or emergency.