Marriage Based Adjustment of Status – USCIS Introduces a Joint EAD/Advance Parole Card

Here is an interesting update for our marriage cases readers. U.S. Citizenship and Immigration Services (USCIS) announced the creation of a new employment authorization document (EAD) which also serves as an advance parole (AP) travel permit.

The new card will be available for persons who concurrently file an I-765 application for an EAD and an I-131 application for an AP with their I-485 adjustment of status application in the final stage of the permanent residence process.

The card will be valid for either one or two years, depending on whether the applicant’s immigrant visa preference category is retrogressed. The card will look identical to the current EAD but will have an annotation that states “Serves as I-512 Advance Parole.” Notably, if an applicant only applies for an EAD or an AP, USCIS will issue the legacy version of the EAD or AP. The new card will continue to be a valid List A document for I-9 purposes.

The new dual-purpose card will make it easier for applicants who will now only have one document to carry and make it easier when traveling. Only concern is for applicants that are already in overstay status when applying for adjustment, such applicants should be careful in using the AP document and leaving the country during the process of adjusting status. We will keep you posted.