INS AFM Update on Advance Parole Requests Filed by NACARA Section 202 Dependents
INS Adjudicator's Field Manual Update on Adjudication of Advance Parole Requests Filed by NACARA Section 202 Dependents
October 15, 1999
Memorandum for: All Regional Directors
Director, ODTF, GLYNCO
Director, ODTF, ARTESIA
From: William R. Yates
Deputy Executive Associate Commissioner
Office of Field Operations, Immigration Services Division
Subject: AFM Update: Adjudication of Advance Parole Requests Filed by NACARA section 202 Dependents
This memorandum updates the Adjudicator's Field Manual, Chapter 23.12. It removes the requirement that the I-485 of a principal applicant for adjustment be approved before a corresponding dependent's advance parole request may be approved for the purpose of allowing that dependent to travel to the United States in order to apply for adjustment under NACARA. Instead it allows the director of the Texas Service Center to adjudicate the parole request upon favorable review of the principal's adjustment application, either prior to or after receipt of the responses to the record checks from relevant government agencies. It also revises the procedure for issuance and delivery of advance parole documents for dependents residing in Central America and Cuba. These changes take effect immediately.
In Chapter 23.12 of the Adjudicator's Field Manual, section (f)(3) is revised to read:
(3) Advance parole alien outside the U.S. at time of request. Advance parole requests by aliens eligible for NACARA adjustment may be filed by prospective applicants who are not physically present in the United States, provided they are otherwise qualified for NACARA adjustment as a principal applicant. If otherwise eligible, principal aliens who have not been out of the U.S. for more than 180 days in the aggregate since December 1, 1995, and who departed the United States for a brief period on or before December 31, 1997, may submit an application for advance parole together with a photocopy of a fully documented NACARA adjustment application (except for the fee, fingerprint, medical examination and police clearances) to the Texas Service Center (TSC). A NACARA dependent not physically present in the United States may not be granted advance parole unless he or she otherwise meets all NACARA requirements and the application for the principal applicant has been found to meet all requirements, except that results of records checks from other government agencies pertaining to the principal applicant need not be received before the granting of parole.
An advance parole issued in such circumstances must be noted: "You must properly file an application for adjustment of status within 60 days of your parole into the United States, or March 31, 2000, whichever comes first. Failure to do so may result in termination of parole and institution of removal proceedings."
If the I-131 is approved, the TSC should advise the Officer in Charge of the INS office in either Tegucigalpa, Honduras or Havana, Cuba, as appropriate of the approval. The Officer in Charge in that location will prepare the advance parole document and make arrangements for its issuance. If the alien does not reside within the jurisdiction of the Officer in Charge in either Tegucigalpa or Havana, the TSC shall prepare the advance parole document and deliver it to the alien through the American Embassy or American Consulate having jurisdiction over the alien's location, using normal procedures for transmission of documents to consular posts (e.g., DHL or similar courier service). Include a copy of the alien's application for parole (including the supporting documents) and an explanation that the parole authorization has been issued pursuant to 8 CFR 245.13(k)(2), and request that the consular personnel verify the alien's identity and review the case for possible fraud before issuing the document. In setting the expiration date for the I-512, the TSC should allow a reasonable amount of time for (a) the I-512 to reach the consulate, (b) the consulate to call in and interview the alien, and (c) the alien to make arrangements to travel to the United States. The I-512 should authorize a single-entry parole.