Introduction
Among many other questions, those in the midst of adjustment of status frequently ask, “What is advance parole? How do I know if I need to apply for it?”
Advance Parole is a critical travel document issued by the United States Citizenship and Immigration Services (USCIS) that allows certain individuals, primarily non-U.S. citizens, to re-enter the United States after traveling abroad without jeopardizing their immigration status. It is especially relevant for those in the process of adjusting their status to lawful permanent resident (green card) but who haven’t received their green card yet.
Without Advance Parole, you risk “abandoning” your application if you leave the country while waiting on your green card.
Understanding how Advance Parole works, who qualifies, and how to apply is essential for ensuring that your immigration process remains uninterrupted while allowing for necessary international travel.
Who Needs Advance Parole?
Advance Parole is typically necessary for individuals who are:
- Applying for Adjustment of Status (AOS): This includes spouses of U.S. citizens or green card holders who are waiting for their AOS applications to be processed. If you leave the U.S. without Advance Parole while your adjustment application is pending, your application will be considered abandoned.
- DACA (Deferred Action for Childhood Arrivals) Recipients: If you’re a DACA recipient, Advance Parole allows you to travel for specific reasons such as education, employment, or urgent humanitarian purposes.
- Temporary Protected Status (TPS) Holders: Individuals in the U.S. under TPS may also be eligible for Advance Parole.
In general, any non-citizen whose immigration status is not yet permanent should strongly consider applying for Advance Parole before leaving the U.S., particularly those in family-based immigration processes such as marriage-based adjustment of status.
Key Benefits of Advance Parole
- Protection of Immigration Status: The primary benefit of Advance Parole is the ability to travel abroad and return to the U.S. without jeopardizing an ongoing immigration process, such as an adjustment of status. It effectively serves as permission to leave the country temporarily without risking the abandonment of your green card application.
- Flexible Travel: Whether it’s a family emergency, educational opportunity, or a work-related need, Advance Parole grants individuals the flexibility to travel outside the U.S. without waiting for their green card to be approved.
- Non-immigrant Visa Holders: For certain individuals who entered the U.S. on a non-immigrant visa, such as students or workers, Advance Parole can provide travel authorization while they await changes in their status.
Eligibility for Advance Parole
Not all individuals undergoing immigration processes qualify for Advance Parole. The eligibility criteria include:
- Adjustment of Status: If you’re in the U.S. waiting for your green card based on marriage or other family-based petitions, you are eligible to apply for Advance Parole.
- DACA and TPS: Those with Deferred Action or Temporary Protected Status can apply for Advance Parole to travel outside the U.S.
- Refugees and Asylum Seekers: Individuals who have been granted asylum or refugee status may also be eligible for Advance Parole, although they must carefully review their situation to ensure that traveling does not affect their ongoing status.
Those not eligible for Advance Parole include individuals who are in the U.S. unlawfully or whose immigration status prohibits them from receiving immigration benefits.
Applying for Advance Parole: Step-by-Step Guide
The process of applying for Advance Parole is relatively straightforward. Here’s a breakdown:
- Form I-131, Application for Travel Document: Complete and file Form I-131 with USCIS. You can download this form from the USCIS website here.
- Supporting Documents: Along with Form I-131, you’ll need to submit documents that prove your current status. This includes a copy of your receipt notice for Form I-485 (Adjustment of Status) if you are applying for a green card.
- Filing Fee: As of April 1, 2024, the standard filing fee for Form I-131 is $630. However, fees may vary based on your specific circumstances (e.g., DACA recipients are exempt from paying this fee).
- Processing Time: It typically takes between 4 to 6 months for USCIS to process Advance Parole applications. Processing times can vary depending on USCIS service centers and your individual case.
- Approval and Travel: Once approved, you’ll receive an Advance Parole document, usually valid for one year. Be sure to travel with this document, as it will be required upon your return to the U.S.
Frequently Asked Questions
Can I Travel While Waiting for My Green Card?
Yes, as long as you apply for and are approved for Advance Parole, you can travel while your Adjustment of Status application is pending. Keep in mind that leaving the U.S. without Advance Parole will result in your green card application being considered abandoned.
How Long is Advance Parole Valid?
Advance Parole is typically valid for one year, during which time you can travel internationally and re-enter the U.S. as needed. However, you should keep in mind that traveling frequently could raise questions during your green card interview.
Is Advance Parole a Guarantee of Re-Entry?
While Advance Parole generally allows you to return to the U.S., it does not guarantee entry. U.S. Customs and Border Protection (CBP) has the final authority to grant or deny admission into the country. It’s critical to ensure that your Advance Parole document is valid and that you meet all conditions for re-entry.
What Happens if I Don’t Have Advance Parole?
If you leave the U.S. without obtaining Advance Parole and are in the process of adjusting your status, your application will be automatically abandoned. This could result in having to start the entire process over or, worse, being barred from re-entering the U.S. for a specified period of time.
Can I Work While Waiting for Advance Parole?
Yes, if you’ve applied for and received an Employment Authorization Document (EAD), you can work in the U.S. while your Advance Parole application is pending.
Challenges of Using Advance Parole
While Advance Parole offers great flexibility, it’s not without its challenges:
- Processing Delays: The 4 to 6-month processing window can be an issue for individuals who need to travel urgently.
- Risk at the Border: Even with Advance Parole, the U.S. Customs and Border Protection (CBP) officers have the discretion to deny your entry.
- Application Abandonment Risk: If you fail to apply for Advance Parole and travel outside the U.S., your Adjustment of Status application will be abandoned, leading to significant delays or complications in your immigration journey.
Conclusion
Advance Parole is an essential document for individuals in the midst of the immigration process, especially those adjusting their status. Applying for this document ensures that you maintain your path toward lawful permanent residence without unnecessary risks.
Whether you’re adjusting your status through marriage or any other family-based petition, Advance Parole allows you the freedom to travel abroad while safeguarding your U.S. immigration status.
If you’re considering applying for Advance Parole, it’s always best to consult with an immigration attorney to ensure that your travel plans won’t jeopardize your immigration process.
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