K-1 Visas, CR-1 Visas, IR-1 Visas, Advance Parole, And Employment Authorization

This article is intended to be read by individuals seeking information regarding American family visas, employment authorization, and advance parole.

In some cases, those who enter the United States of America in K-1 visa status wish to undertake employment prior to having their status officially adjusted to lawful permanent residence ("Green Card" status). For those in this position the issue of employment authorization is pertinent. It could be possible to petition for an employment authorization document (EAD) prior to acquiring one's permanent resident card (a permanent resident is allowed to undertake employment without the need for specific authorization). Some are under the mistaken impression that those entering the USA in K-1 visa status are permitted to undertake employment. This is simply not accurate as such persons must be approved for employment authorization prior to taking undertaking a job, career, or vocation.

One other issue that is related to the issue of employment authorization is advance parole. Advance parole is permission for a non-immigrant to leave the United States and return without falling out of status. This issue is of especial relevance in the context of the K1 visa since those individuals entering the United States of America in K-1 visa status cannot leave the U.S. without first adjusting status, lest they fall totally out of lawful status. K1 visa holders who fall out of lawful status need to either apply for an immigrant visa (usually categorized as either an IR1 visa or a CR1 visa, depending upon the situation) pursuant to marriage or must apply for a second K1 fiance visa (which could prove difficult under some circumstances particularly in light of the language of the International Marriage Broker Regulation Act, IMBRA).

At one time, an employment authorization document and an advance parole travel document were two separate instruments. It recently came to this writer's attention that each of these documents has been combined into a kind of "conglomerated" advance parole/employment authorization document. It ought to be noted that the necessity of such instruments could be mitigated if a couple opts to get married and apply for an immigrant spouse visa as opposed to a fiance visa. However, it should be noted that immigration decisions must be made pursuant to the unique facts in a given couple's case.

Due to the complexity inherent in the United States visa process some couples opt to retain the services of a professional to provide assistance. It ought to be noted that it is generally wise to ascertain the credentials of anyone claiming qualification in United States immigration matters as only a licensed American attorney is permitted to engage in the practice of U.S. immigration law.


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Ben Hart is a licensed attorney from the USA. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See further at: K1 Visa Thailand or K1 visa.