8 C.F.R. § 236.16
Travel outside the United States
An alien granted Family Unity Program benefits who intends to travel outside the United States temporarily must apply for advance authorization in accordance with 8 CFR 223.2(a). The authority to grant an application for advance authorization for an alien granted Family Unity Program benefits rests solely with USCIS. An alien who is granted advance authorization and returns to the United States in accordance with such authorization, and who is found not to be inadmissible under section 212(a)(2) or (3) of the Act, shall be inspected and admitted in the same immigration status as the alien had at the time of departure, and shall be provided the remainder of the voluntary departure period previously granted under the Family Unity Program.
Notes of Decisions
Cited in 7
cases, 2004–2016 · leading case: Pedro Garcia-Quintero v. Alberto R. Gonzales, Attorney Gen., 455 F.3d 1006 (9th Cir. 2006).
Pedro Garcia-Quintero v. Alberto R. Gonzales, Attorney Gen., 455 F.3d 1006 (9th Cir. 2006). “8 C.F.R. § 236.16 . Upon return from authorized travel, an FUP beneficiary, provided he remains admissible, is “admitted in the same immigration status as the alien had at the time of departure, and shall be provided the remainder of the voluntary departure period previously…”
Vasquez De Alcantar v. Holder, 645 F.3d 1097 (9th Cir. 2011). “" 8 C.F.R. § 236.16 (emphasis added). On the other hand, admission status connected to advanced parole for other adjustment of status applicants is specifically precluded by 8 U.”
Guevara v. Holder, 649 F.3d 1086 (9th Cir. 2011). “" 8 C.F.R. § 236.16 . Non-FUP applicants, by contrast, must apply for advance parole before they may travel abroad, and the grant of advance parole does not itself constitute an admission.”
Garcia v. Holder, 659 F.3d 1261 (9th Cir. 2011). “; see 8 C.F.R. § 236.16 . The regulations and provisions governing SIJS-based parole, by contrast, do not mention “status” and “admission” together.”
Juan Fuentes v. Loretta E. Lynch, 837 F.3d 966 (9th Cir. 2016). “12(a)(14) and status recognition under a federal regulation, 8 C.F.R. § 236.16 . See id. at 1009-10, 1017-18 .”
Diaz De Diaz v. Ashcroft, 108 F. App'x 972 (5th Cir. 2004). “15 (d), and may apply for advanced authorization to travel, 8 C.F.R. § 236.16 . This travel authorization includes a provision that, upon return to the United States, the alien “shall be inspected and admitted in the same immigration status as the alien had at the time of…”
Garcia-Quintero v. Gonzales (9th Cir. 2006). “8 C.F.R. § 236.16 . Upon return from authorized travel, an FUP beneficiary, provided he remains admissible, is “ad- mitted in the same immigration status as the alien had at the time of departure, and shall be provided the remainder of the voluntary departure period previously…”
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