For many immigrants in the U.S., traveling abroad can be challenging, especially when their legal status is pending. Advance Parole allows certain individuals to temporarily leave the U.S. and return without jeopardizing their immigration status.
This guide breaks down what Advance Parole is, who qualifies, the associated risks, and typical processing timelines.
What is Advance Parole (AP)?
U.S. Citizenship and Immigration Services (USCIS) issues the Advance Parole document to allow non-citizens to re-enter the U.S. after traveling abroad without interrupting their pending immigration process. It is neither a visa nor a guaranteed entry but a pre-approval to request re-entry. To apply for AP, individuals must submit Form I-131 to USCIS.
This document is crucial for those needing to travel abroad for humanitarian, educational, or work-related reasons while in the middle of an immigration process. Without it, leaving the U.S. could result in the abandonment of their pending application with USCIS.
Who Can Benefit from Advance Parole?
Several groups can apply for Advance Parole, especially those involved in specific immigration statuses or processes, including:
1) Adjustment of Status (AOS) Applicants
Applicants for a Green Card through the Adjustment of Status process generally remain in the U.S. while USCIS processes their application. Leaving the U.S. without Advance Parole could lead USCIS to consider the application abandoned. However, with AP, AOS applicants can travel abroad without losing their status. Applicants typically file this document alongside Form I-131 and submit it together with the Green Card application (Form I-485).
If the person seeking AOS entered the U.S. illegally or under questionable circumstances (such as applicants under Section 245(i)), USCIS may deny their Advance Parole application until it conducts further investigations.
2) DACA Recipients
DACA beneficiaries are eligible for Advance Parole for specific purposes such as:
- Educational: Studying abroad, conducting research, or participating in language immersion programs.
- Work-related: Attending international conferences, work assignments, or volunteer opportunities.
- Humanitarian: Visiting gravely ill family members, attending funerals, or receiving medical treatment not available in the U.S.
USCIS fluctuated eligibility for Advance Parole under DACA, particularly during the Trump administration, when the agency did not issue it. It is essential to work with an immigration attorney or another expert, such as Alvva, to determine eligibility.
3) Temporary Protected Status (TPS) Holders
Temporary Protected Status (TPS) protects individuals from countries facing crises, such as armed conflicts or natural disasters, and provides temporary deportation protection and work authorization. TPS holders previously could apply for Advance Parole to travel abroad and return without losing their status or triggering re-entry bars due to unlawful presence, as clarified by the Matter of Arrabally and Yerrabelly (2012) case. A ruling allowed TPS holders who entered without inspection and traveled on AP to be considered “paroled” upon re-entry. This decision made it easier for them to adjust their immigration status in certain cases.
However, in July 2022, USCIS implemented a change in the travel process for TPS holders. USCIS discontinued the use of Advance Parole specifically for this group and replaced it with Form I-512T, a TPS-specific travel document that serves the same purpose: allowing travel abroad and re-entry without triggering re-entry bars related to unlawful presence.
Despite this change, the new document continues to provide the same benefits as Advance Parole, allowing TPS holders to travel and re-enter the U.S. without losing their status, provided they comply with regulations and obtain the necessary authorization before traveling.
4) Asylum Seekers with Pending Applications
Advisors generally recommend asylum seekers to remain in the U.S. until their case is resolved. However, USCIS may grant Advance Parole for urgent travel needs. It’s important to note that traveling to the country from which they seek protection could harm their asylum case, and long wait times for Advance Parole approval are common.
Documentation to apply for Advance Parole
While Advance Parole is a valuable tool for many immigrants, it’s essential to submit the correct documentation when applying. Applicants typically need to submit Form I-131 along with documents that justify the need for travel, such as medical letters in humanitarian cases or employer letters for work-related travel.
It’s crucial to include proof of immigration status and any related forms (such as Form I-485 if applying in conjunction with Adjustment of Status). Applicants should keep copies of all receipts and communication with USCIS.
USCIS may require additional evidence to support the application, depending on the reason for travel. For example, educational purposes may require acceptance or enrollment letters from foreign academic programs.
Applicants should remember that processing times vary when planning a trip. It’s advisable to apply well in advance and avoid making definitive travel plans until USCIS approves the application.
Risks of Traveling with Advance Parole
While AP is a valuable tool, it carries risks. Having the document does not guarantee re-entry into the U.S. Upon returning, travelers are inspected by Customs and Border Protection (CBP) officers, who may deny entry if they deem the traveler inadmissible for any reason. Here are some common risks:
Inadmissibility
Despite having Advance Parole, immigration officers can deny entry to the U.S. if they find the traveler inadmissible. This could be due to problematic immigration history, illegal activity, or other factors affecting the traveler’s eligibility to enter the country.
Document Expiration
If Advance Parole expires while the traveler is outside the U.S., it may be very difficult or even impossible to re-enter. It’s crucial to ensure that the document is valid for the entire duration of the trip to avoid complications at the border.
History of Deportation or Voluntary Departure
Travelers who have been deported or have opted for voluntary departure in the past face greater complications when trying to return with Advance Parole. Immigration authorities may view their re-entry as an improper attempt to return to the country, leading to denial of entry.
Travel to Restricted Countries
Those traveling to countries under U.S. sanctions or restrictions may be considered high risk upon their return. This can raise red flags among immigration officers and increase the likelihood of being denied entry.
Detention or Arrest During Travel
If a traveler is detained or arrested abroad, this may complicate their re-entry to the U.S., as authorities could consider it a factor in their inadmissibility.
To minimize risks, it’s recommended to consult with an attorney or another immigration expert before making travel plans. Those without a criminal history generally face fewer risks when traveling with Advance Parole.
Unlawful Presence Bars and Advance Parole
For individuals who have accrued unlawful presence in the United States, the fear of triggering re-entry bars upon leaving the country is understandable. However, the Matter of Arrabally and Yerrabelly (2012) case set a key precedent in this area. In this decision, the Board of Immigration Appeals (BIA) ruled that when an individual leaves the U.S. with a travel permit known as Advance Parole, that departure is not considered a “departure” for purposes of re-entry bars typically applied in cases of unlawful presence.
This means that, under certain circumstances, those who have accumulated more than 180 days of unlawful presence and travel with Advance Parole can do so without automatically triggering the 3 or 10-year re-entry bans. This ruling has provided peace of mind to many in the process of adjusting their status, allowing them to leave and return without facing serious consequences for prior unlawful presence.
Key Points to Consider:
- Not Applicable to All Cases: While this case offers protection to many individuals, individual circumstances may vary. Not everyone qualifies for Advance Parole, and it’s crucial to ensure proper approval is received before traveling.
- Travel Context is Critical: The ruling applies only to those traveling with Advance Parole. Traveling without this document or under unauthorized conditions could jeopardize immigration status.
- Consult with Immigration Experts: Each case has unique nuances. Consulting with an immigration attorney is essential to assess individual situations and avoid unnecessary risks. Changes in legislation or immigration policies may also impact the applicability of this ruling in the future.
Planning Your Trip with Advance Parole
Advance Parole offers a crucial avenue for immigrants to travel internationally without losing their immigration status. Whether you are a DACA beneficiary, AOS applicant or TPS holder, this tool can help you maintain your status while addressing urgent travel needs. However, careful planning, documentation and legal consultation are necessary to ensure a smooth return to the US.
Traveling with Advance Parole can be a complex process, fraught with legal considerations that can affect your immigration status. That is why it is crucial to have the support of experts to guide you through every step. In addition to considering the support of immigration attorneys, Alvva offers specialized services to help you navigate this and other immigration processes with confidence and security. If you have DACA or are applying for your Green Card, Contact us today for personalized advice to ensure that your immigration decisions are well-informed and protected.
