If you’re in the U.S. as an immigrant and need to travel abroad temporarily, you may have heard the term “advance parole.” It’s an important legal tool for individuals who are waiting for their green card application (Adjustment of Status) to be processed or for those who need to leave the U.S. but are concerned about returning. In this guide, we’ll explain what advance parole is, who needs it, and how to apply for it. By the end of this article, you’ll have a clear understanding of how advance parole works, its benefits, and the steps you need to follow to get it.
What is Advance Parole?
Advance parole is a permission granted by U.S. Citizenship and Immigration Services (USCIS) that allows an individual to re-enter the United States after traveling abroad while their immigration application is pending. It is most commonly used by people who are in the U.S. on a non-immigrant status but are waiting for their green card application to be approved.
Without advance parole, if you leave the U.S. while your immigration case is pending, you could risk abandoning your application or facing difficulties when trying to return. Advance parole allows you to travel outside the country without jeopardizing your application and re-enter the U.S. legally.
Who Needs Advance Parole?
Not everyone needs advance parole. It is typically required for individuals who are:
In the U.S. with an Adjustment of Status application pending (such as someone who is waiting for their green card).
In the U.S. under Temporary Protected Status (TPS), who want to leave and re-enter the U.S. without losing their TPS status.
In the U.S. as a parolee (i.e., someone who was granted entry to the U.S. temporarily, such as those with DACA status).
In the U.S. on certain types of visas but are unable to leave the country due to the fear of being unable to return.
If you are in any of these situations, advance parole may be essential if you need to travel outside the U.S. temporarily.
When Do You Need Advance Parole?
You need advance parole when:
You are applying for a green card through the Adjustment of Status process and want to travel abroad.
You have been granted Temporary Protected Status (TPS) and need to travel outside the U.S.
You have a pending U visa or other types of immigrant status that require you to remain in the U.S. during the processing time.
It’s crucial to remember that if you leave the U.S. without advance parole while your immigration application is pending, USCIS may consider that as abandoning your case, and this could delay or even prevent the approval of your application.
The Importance of Advance Parole
Advance parole is significant because it allows you to travel without jeopardizing your status in the U.S. or your immigration case. Without it, leaving the country while your green card application or other immigration petitions are pending can cause severe issues. For example:
Risk of abandonment: USCIS may consider your immigration application abandoned if you leave the country without advance parole.
Complications when re-entering: Without advance parole, you may not be allowed to re-enter the U.S., even if you’ve been waiting for your green card approval for a long time.
For these reasons, it’s essential to apply for advance parole before you leave the country. This helps you avoid issues with USCIS and ensures that your return to the U.S. is smooth.
How to Apply for Advance Parole
To apply for advance parole, you need to fill out Form I-131, Application for Travel Document. Here are the key steps in the process:
Step 1: Gather Your Documents
Before you fill out the application, you’ll need to gather some documents. These may include:
A copy of your passport
A copy of your visa or immigration status documents
A copy of the receipt notice for your pending immigration application (e.g., I-485, Adjustment of Status)
Passport-sized photos (usually two)
Any other documents specific to your case (for example, if you have TPS, you may need additional proof)
Step 2: Complete Form I-131
Form I-131 is a relatively simple form that asks for your personal information, your immigration status, and details about your intended travel. When filling out the form, you’ll be asked to:
Provide basic biographical information such as your name, address, and date of birth.
Indicate the type of travel document you are applying for, which, in this case, is advance parole.
Provide information about your immigration case, including the status of your green card application or other petitions.
Step 3: Pay the Filing Fee
As of now, the filing fee for Form I-131 is $575. However, fee amounts can change, so it’s important to check the USCIS website for the latest fee information. Some applicants may be eligible for a fee waiver if they meet certain income and hardship requirements.
Step 4: Submit the Application
After completing Form I-131 and gathering all necessary documents, you’ll need to submit the application to the appropriate USCIS service center. You can submit it by mail or online (if eligible). Make sure to double-check the address for your specific service center.
Step 5: Wait for Processing
Once USCIS receives your application, they will process it. The processing time for advance parole applications can vary, but it usually takes around 3-6 months. You can check the status of your application using your receipt number.
If USCIS approves your application, they will send you an advance parole document. This document allows you to travel abroad and re-enter the U.S. without abandoning your immigration case.
When Can You Travel After Applying for Advance Parole?
Once you have received your approved advance parole document, you can travel abroad. However, there are a few important things to keep in mind:
Travel only after approval: Do not leave the U.S. until you have received the advance parole document. Leaving before approval could result in delays or abandonment of your application.
Travel dates: Your advance parole document will have an expiration date. Be sure to return to the U.S. before it expires. If your advance parole expires while you are outside the U.S., you may not be able to re-enter.
Multiple entries: Some advance parole documents allow multiple entries. If your document allows multiple entries, you can travel in and out of the U.S. as needed within the validity period.
What Happens If You Leave the U.S. Without Advance Parole?
If you leave the U.S. without advance parole while your immigration application is pending, USCIS may consider your case abandoned. This can lead to serious consequences, such as:
Denial of your immigration application: Your green card application, adjustment of status, or other petitions could be denied.
Difficulty re-entering the U.S.: Without advance parole, you may be denied entry to the U.S. when you try to return.
To avoid these issues, always ensure that you have received your advance parole document before leaving the U.S.
Can Advance Parole Be Denied?
Yes, USCIS can deny an advance parole application for several reasons. Some common reasons for denial include:
Criminal history: If you have a criminal record or issues related to immigration law violations, your application may be denied.
Failure to provide adequate documentation: If you do not provide all necessary documents or if the information on your application is incomplete, USCIS may deny your request.
Pending deportation or removal proceedings: If you are currently in removal proceedings, your application for advance parole may be denied.
If your application is denied, USCIS will send you a notice explaining the reasons. You may be able to appeal the decision or reapply, depending on the situation.
Frequently Asked Questions About Advance Parole
1. How long is advance parole valid?
The validity of your advance parole document will depend on your specific case. Most advance parole documents are valid for one year, but this can vary. Check the approval notice for your specific dates.
2. Can I apply for advance parole if I am on a visitor visa?
If you are in the U.S. on a visitor visa (B-1/B-2) and your immigration case is pending (for example, you have applied for a green card), you may apply for advance parole. However, leaving the U.S. with a visitor visa can be tricky because visitor visas are intended for short-term visits. Be sure to consult with an immigration attorney before applying for advance parole in this situation.
3. Can I work while waiting for advance parole?
No, advance parole is only for re-entry purposes. It does not grant you the ability to work in the U.S. While waiting for your green card or other immigration benefits, you may need to apply for a separate work permit (Employment Authorization Document, or EAD).
4. Can I travel with my family using advance parole?
Yes, you can apply for advance parole for your family members who are included in your immigration petition (such as your spouse or children). They would need to fill out separate applications, but the process is the same.
Conclusion
Advance parole is an essential tool for many immigrants who need to travel abroad while their immigration cases are pending. It allows you to leave the U.S. and return without jeopardizing your green card application or other immigration petitions. Understanding how advance parole works and how to apply for it can help you avoid serious problems and ensure your legal status remains intact while traveling.
If you’re unsure whether advance parole applies to your case, it’s always a good idea to consult with an immigration attorney. They can guide you through the process and help you make informed decisions about traveling while your immigration case is pending.
Related topics:
How Long Does It Take to Process Form I-130?
What Happens After Sponsorship Approval?
What Are Biometric Immigration Documents?
