Advance Parole is a travel document granted by U.S. Citizenship and Immigration Services (USCIS). It allows individuals with pending immigration applications to leave the United States and return without their status being jeopardized.
Who Can Apply for Advance Parole?
Without this document, leaving the country could lead to the abandonment of your application, especially if you are in the process of adjusting your status to permanent residency (Form I-485). Several factors determine your eligibility, and they include:
Individuals with Pending Adjustment of Status Applications
One of the most common categories of individuals eligible for advance parole is those with a pending application for adjustment of status (Form I-485), which is the process of obtaining a green card. As long as the applicant has filed Form I-485 and is waiting for approval, they may apply for advance parole.
This is often important for those who have to travel for personal or professional reasons while their green card application is being processed.
Individuals in Temporary Protected Status (TPS)
People with Temporary Protected Status (TPS), a humanitarian program that allows certain individuals from designated countries to stay in the United States. due to unsafe conditions in their home country, may also be eligible for advance parole.
If you are a TPS holder, you can use advance parole to travel outside the U.S. and return without losing your status, provided you meet other requirements.
DACA Recipients
For individuals under the Deferred Action for Childhood Arrivals (DACA) program, advance parole can allow temporary travel outside the United States. and return without affecting their DACA status. However, the process for DACA recipients has been subject to changes, and applicants should be aware of the latest policies from U.S. Citizenship and Immigration Services (USCIS).
Parole-in-Place Applicants
Military family members or individuals with parole-in-place status (often granted to the immediate family members of military personnel) can also apply for advance parole. This status allows them to live and work in the United States temporarily, and advance parole facilitates travel outside the country.
Important Considerations When Applying for Advance Parole
Although the above eligibility requirements specify who is eligible to apply for advance parole, there are a few requirements that must be fulfilled throughout the application process.
Processing Times
The processing time for Advance Parole applications can take several months. Also, traveling on Advance Parole does not guarantee approval of your green card application, and delays in your application could occur if your situation changes during travel.
Consult an Immigration Attorney
To make sure you fulfill all the requirements and comprehend the complete ramifications and risks of traveling while your immigration case is pending, it is advisable to speak with an immigration lawyer due to the intricacy and possible hazards.
Customs and Border Protection (CBP) Discretion
CBP officers have the authority to deny admission if they identify legal concerns or unresolved immigration issues. Being fully informed and prepared is necessary to avoid unexpected outcomes.
How to Apply for Advance Parole
The application for advance parole involves submitting Form I-131, Application for Travel Document, to USCIS. Along with this form, you must provide supporting documentation that justifies the reason for travel, such as medical emergencies, family matters, or business trips. Once approved, you will receive a document that allows you to travel and return without risking your status.
If you are considering Advance Parole, our experienced professionals at the Law Office of Christine Contreras can help you understand how it impacts your specific case and guide you through every step of the application process. With personalized legal insight, we will make sure you are making the best decisions for your future. Contact us today!