Advance Parole is a travel document for individuals in the United States who are in the process of adjusting their immigration status. Form I-131, Application for Travel Document, is used to request Advance Parole, allowing applicants to re-enter the U.S. after traveling abroad while their green card application (Form I-485) is pending. Without Advance Parole, leaving the U.S. while an adjustment of status application is in process could lead to the abandonment of the application and loss of legal status.
In this blog, we will walk through the Form I-131 process, including who needs it, how to apply, and important tips to ensure a smooth application process. If you’re considering traveling outside the U.S. while waiting for your green card, understanding Advance Parole is crucial to avoid complications with your immigration status.
What Is Advance Parole and Who Needs It?
Advance Parole is a necessary travel document that allows individuals with pending immigration status to leave the United States and return without a disruption to their immigration process. It’s a way for people who are in the U.S. waiting for their green card application or other immigration decisions. Without Advance Parole, leaving the U.S. could result in the abandonment of their application, jeopardizing their chances of getting lawful permanent residency.
Here’s who may need to apply for Advance Parole:
- Adjustment of Status Applicants: If you’re waiting for your green card application (Form I-485) to be processed, you need Advance Parole to travel outside the U.S. during this time. Without it, leaving the country could result in your application being considered abandoned.
- Asylum Seekers: Individuals who’ve applied for asylum and have a pending application can also apply for Advance Parole to travel abroad. Leaving the U.S. without it could impact their asylum status.
- U Visa Applicants: Victims of crimes who are applying for a U visa can use Advance Parole if they need to travel outside the U.S. during the pendency of their visa application.
Advance Parole is not automatic; you must apply for it and wait for approval before leaving the country. Without it, you risk delays or denial of your immigration process upon reentry. Always consult with an immigration attorney to make sure your travel plans do not affect your case.
How to Apply for Advance Parole
If you’re in the U.S. with pending immigration status and you need to travel abroad for reasons like a vacation, business trip, or family emergency, you must apply for Advance Parole. Without it, leaving the country can jeopardize your immigration case. This document will allow you to return to the U.S. without abandoning your application, such as a pending green card.
Here’s how to apply:
Complete Form I-131
To apply for Advance Parole, you’ll need to fill out Form I-131, Application for Travel Document. This is the official form used to request permission to travel while your immigration case is pending. You’ll need to include:
- Two passport-size photos
- A copy of your photo ID (typically your passport)
- A copy of the receipt from USCIS proving that you’ve applied for a green card
Submit Required Documents
Along with Form I-131, you must submit a few documents, such as a copy of your passport, proof of your pending immigration application (e.g., Form I-485 receipt notice), and any additional documents depending on your specific case (e.g., evidence of an emergency or business purpose for travel).
Pay the Filing Fee
There is a filing fee for Form I-131. The fee recently increased to $630.
Submit the Application
Once you have completed the form and gathered the necessary documents, send your application package to the appropriate USCIS address. The USCIS mailing address may vary depending on where you’re located or the specifics of your case, so double-check the USCIS instructions.
Wait for USCIS Decision
After submitting your application, USCIS will review it. Processing times can vary, but it typically takes several months.
Travel Only After Approval
Do not leave the U.S. until you receive your Advance Parole document. Once approved, you will receive a travel document that will allow you to re-enter the U.S. without issues. Your travel document is typically valid for one year from the date it’s issued.
Make sure to apply for Advance Parole way before your planned trip outside of the country to ensure you receive it in time. If you need help or have questions about the process, it is highly recommended that you contact an immigration attorney to ensure that your application is done correctly and to prevent any risks to your immigration status.
Returning to the United States With Advance Parole
When returning to the U.S. after traveling with an Advance Parole document, you should present it to U.S. Customs and Border Protection (CBP) officials at the port of entry along with your passport. The Advance Parole document will serve as proof that you have permission to re-enter the U.S. while your immigration case, such as a pending green card application, is still being processed. Here’s how the process usually works:
- Presenting the Document: When you arrive back in the United States, present your Advance Parole and other documents to the CBP officer.
- Inspection and Processing: As with any international travel, it’s generally expected to go through a customs inspection process. You could be asked to verify your identity and travel history, and the agent may check for any issues related to your immigration status. While most individuals with Advance Parole are not detained, CBP officers may still ask additional questions regarding your travel or pending immigration case.
- Customs Inspection: Unfortunately, it is possible that you may be stopped for a routine inspection. CBP may inspect your luggage and ask questions about your trip, but this is a normal part of the entry process for all travelers, not just those with Advance Parole.
- Approval to Re-Enter: If everything is in order, you will be allowed to enter the U.S. and continue your immigration process. If there are any issues with your Advance Parole document or your immigration status, you will be subjected to additional questioning.
- Risk of Denial: Although it’s rare, there are situations where CBP might deny entry, especially if there are complications with your immigration case. If there are concerns, it is important to have all the necessary documents and be prepared to explain your travel situation.
The process of returning to the U.S. after a trip with Advance Parole is relatively straightforward, but it’s crucial to follow the necessary procedures and ensure your travel documents are in order. If you have concerns about your specific case, it’s always a good idea to consult with an immigration attorney before traveling. This can help you avoid complications during re-entry.
Leave the Country Without Jeopardizing Your Immigration Status
If you’re unsure whether you need Advance Parole or need assistance navigating the application process, it’s always best to consult with an immigration attorney who can provide personalized guidance based on your specific situation. Contact an immigration professional today to help you avoid complications and ensure your journey is worry-free.
