Advance Parole 101
Angelica Rice • December 29, 2022
Advance Parole is a travel document allowing you to leave and return to the United States while waiting for legal status without jeopardizing your green card application. Advance Parole is relevant if you are applying for DACA or adjusting status as a refugee, asylee, or other eligible applicant.
In order to get an Advance Parole travel document, you must file a Form I-131, Application for Travel Document. Currently I-131 applications are taking between 6-12 months to process and be adjudicated.
You must be approved for Advance Parole before leaving the United States. However, if after being approved, your parole document does not arrive in the mail before you depart, you can have someone send it or bring it to you in the foreign country. You must have the document with you to reenter the United States.
Advance Parole travel permits are granted for up to one (1) year. They can be granted for a single trip or multiple trips. Also, an advance parole document may be renewed, so long as the renewal application is filed at least 120 days before the previously issued advance parole expires. There is no set amount of time that someone can or cannot remain outside the United States using the Advance Parole, however you cannot use the Advance Parole after it expires.
The benefits of Advance Parole are twofold:
- It enables an alien to come back to the U.S. after traveling abroad without the necessity of obtaining a visa to enter the U.S.;
- It preserves the adjustment of status application pending with the USCIS.
You are NOT eligible for Advance Parole if you are:
- In the United States without a valid immigration status;
- An exchange alien subject to the foreign residence requirement;
- In possession of a previously issued re-entry permit or refugee travel document which is still valid, unless it was returned to USCIS or it is demonstrated that it was lost; or
- Under removal proceedings.
Advance Parole does NOT guarantee admission to the United States. Anyone who has an Advance Parole document is still subject to the inspection process at the port of entry.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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Angelica Rice
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Advance parole is a travel document that permits you to travel outside the United States for temporary travel and return to the United States . Applicants for advance parole need to file Form I-131, Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS) and pay the filing fee. When the application is approved, USCIS issues the applicant a Form I-512L, the advance parole document. The document must be presented to immigration officials to seek admission into the United States after traveling abroad. There are several ways a person can qualify for and obtain advance parole. Applicants for adjustment of status, DACA recipients, and individuals who need to travel for urgent humanitarian reasons are three common types of applicants that can apply for advance parole , however there are more. Applicants for adjustment of status can apply for advance parole when they file their green card application or when the green card application is pending. Adjustment of status applicants must obtain advance parole before traveling outside the United States to avoid an issue with the green card application. Obtaining advance parole through an adjustment of status application does not require an emergency or humanitarian purpose for travel. Note, when you file for advance parole through an adjustment of status application the filing fee for Form I-131 is not required. DACA recipients may also apply for advance parole to travel abroad for humanitarian reasons or for employment or educational purposes only. Humanitarian reasons include medical attention or treatment, visiting a sick relative or for a relative’s funeral services. Educational purposes include studying abroad, academic research and more. Employment purposes include work, training, meetings, interviews, and other specific work assignments. Certain individuals may also apply for advance parole due to an urgent humanitarian reason or to further a significant public benefit. To show that the travel is due to humanitarian, education, or employment reasons, the applicant must provide proof of such to USCIS. As mentioned, these are the three most common ways to obtain advance parole, but they are not the only ways. If you have questions about other ways to obtain advance parole, if you think you qualify for advance parole or have questions about your eligibility, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
Many of our clients ask if they can expedite the processing of their authorization to travel abroad. They want to visit their families, go on vacation, or care for personal affairs. When someone applies for an adjustment or change of status in the United States, the person can only leave the country once the case is adjudicated, risking being denied entry into the United States and giving up the pending application.
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