Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
K-1, K-3, CR-1, and IR-1 Visas Thailand: Advance Parole vs. Re-entry Permits?
Transcript of the above video:
As the title of this video suggests, we are discussing Advanced Parole and Re-entry Permits in the context of Fiancé(e) Visas in the K-1 Visa category, as well as K-3 Visas - those are Marriage Visas but Non-immigrant Marriage Visas, as well as CR-1 and IR-1 Visas. Let me go ahead and preface by saying I am going to kind of put aside the K-3. The K-3 is not really in wide usage. Those type of cases tend to be administratively closed by the National Visa Center. But the question being posed is what is the difference between a Re-entry Permit and Advance Parole?
Advance Parole is a travel document that is obtained by someone - in the case of the Fiancé Visa - the Fiancé Visa is not an Immigrant Visa; it's a Non-immigrant Visa. It is what is called a dual intent visa so you can travel to the United States with both the intention of possibly leaving within the 90 days of the Visa's expiry or with the intention of getting married and then extending your status via adjustment of status to Permanent Residence status or Green Card status within the United States. But bear in mind that the adjustment process, if you leave the country during the adjustment proceedings and you do not obtain Advance Parole it will lead to the underlying K-1 Visa being canceled and it puts you back at square one with regard to your status to get back into the United States. So in a sense, the Advance Parole is a Re-entry Permit but bear in mind it's a very necessary Re-entry Permit because leaving without getting Advance Parole on a K-1 Visa before adjustment of status occurs can lead to the full cancellation or nullification if you will, of your Visa status and just leave you with nothing. So Advance Parole is very important in the context of a Fiancé(e) Visa.
Now we are talking Re-entry Permits; that's a different animal. That's what you're talking about with immigrant status, so you're talking about that with regard to Green Card or Permanent Resident status. CR-1 Visa holders will enter the United States and be stamped in and granted 2 years of Permanent Residence because they are considered a Conditional Lawful Permanent Resident of the United States. 90 days prior to the two-year anniversary of their entry to the USA, they have to file for a lift of conditions in order to make their Lawful Permanent Residence unconditional and therefore what we think of in terms of Permanent Residence which is permanent; only bureaucracy could come up with a term like conditional permanent resident but leave that aside. IR-1 Visas, they enter the country with Unconditional Lawful Permanent Residence, so they are Green Card holders; they are permanently resident for the duration. On those types of status - with Permanent Residence - one does not need to get a Re-entry Permit in order to come and go from the US. But if one thinks they are going to be gone for a prolonged period of time, it's oftentimes optimal to obtain a Re-entry Permit because failure to do so could cause problems down the road especially if one is gone for longer than 6 months or a year from the United States because US Customs and Border Protection may hassle folks, and I mean that literally, in the sense that they may interrogate and ask why have you been gone so long etc. And if they think that you had an intention to abandon your Permanent Residence, they can basically put you in proceedings and say look we are going to rescind your Permanent Residence because we think you don't really want it anymore; that can get complicated. I've done other videos on some stuff like that. Folks that are worried about that, it is probably a good idea to contact a legal professional but that said, the Re-entry Permit is not strictly speaking necessary but if you plan on being gone for a prolonged period of time while maintaining your Permanent Residence in the United States, it's probably a good idea to get a Re-entry Permit or I should say file for a Re-entry Permit prior to departure.