top of page
Writer's pictureJairo Moreno

What is Immigration Advance Parole?

Updated: Sep 27

Advance Parole is a travel document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows certain individuals to travel abroad and return to the United States without losing their pending immigration status. This document is essential for those who are in the process of adjusting their status, such as for permanent residency (green card), and wish to temporarily leave the country without jeopardizing their applications.

Advance parole


Who Can Apply for Advance Parole?

Advance Parole is available to various categories of individuals, including:

  1. Adjustment of Status Applicants: Those who are in the process of adjusting their status to permanent residents can apply for Advance Parole to travel outside the U.S. and return without affecting their green card application.

  2. DACA (Deferred Action for Childhood Arrivals) Recipients: DACA recipients can apply for Advance Parole under specific circumstances, such as humanitarian, educational, or employment reasons.

  3. Asylum Seekers and Refugees: Those who have applied for asylum or who are refugees may need to travel temporarily and can use Advance Parole to do so.

  4. TPS (Temporary Protected Status) Beneficiaries: TPS beneficiaries can use Advance Parole to travel temporarily outside the U.S.


Advance Parole Application Process

The process for applying for Advance Parole involves several important steps:

  1. Submit Form I-131: The applicant must complete and submit Form I-131, Application for Travel Document, along with the required fee and supporting documentation. This documentation may include proof of current immigration status and reasons for needing to travel.

  2. Wait for Approval: Once the application is submitted, USCIS will review the documents and, if everything is in order, issue Advance Parole. It is important not to leave the country until approval is received, as leaving without this permit can result in denial of the adjustment of status application.

  3. Receive the Document: Advance Parole is generally issued in the form of a letter or card that must be presented upon re-entering the U.S.


Importance of Advance Parole

Advance Parole is crucial because it allows adjustment of status applicants to travel outside the U.S. without being considered to have abandoned their application. Without this permit, leaving the country could lead to automatic denial of their green card application and possible re-entry bans for a period of time.


Restrictions and Considerations

It is important to consider some restrictions and considerations when applying for Advance Parole:

  • Not a Guarantee of Re-entry: Although Advance Parole allows return to the U.S., it does not guarantee entry. Immigration officers at the port of entry have the final authority to allow or deny entry into the country.

  • Not for All Immigrants: Not all immigrants may qualify for Advance Parole. Those with certain criminal records or admissibility issues may face difficulties in obtaining this permit.

  • Planning Time: Since the process of obtaining Advance Parole can take several months, it is important to plan ahead and submit the application well in advance of the intended travel date.


Conclusion

Advance Parole is a valuable tool for immigrants in the U.S. who need to travel temporarily abroad while their adjustment of status applications are pending. By providing a way to return to the country without abandoning their applications, this document facilitates the mobility and peace of mind of many immigrants in complex situations. However, it is essential to understand the process, restrictions, and plan accordingly to ensure that their immigration status is not compromised.

18 views0 comments

Comments


Melendez Legal Firm

My name is Gil Manzano and I have been an immigration attorney since 2006. Throughout the last 16 years I have handled many different immigration cases, and one thing I have noticed is that most lawyers have many practice areas.

  • Facebook
  • LinkedIn
  • YouTube
bottom of page