How To Get Advance Parole

by | September 29, 2015 | US Immigration

For you to be able to re-enter once you left the US, you must have an advance parole granted before you left the country. This is necessary if you are holding a non-immigrant visa or if you have a pending permanent resident application. Without it, you will not be permitted to re-enter the country unless you obtained a new visa.

Advance Parole is for an alien in the US who has:

  • A pending application for adjustment of status
  • Been admitted as a refugee or has been granted asylum
  • Been granted benefits under the Family Unity Program
  • Been granted with Temporary Protected Status
  • An asylum application Pending
  • An emergent personal or bona fide reason to travel temporarily abroad

You are not eligible for advance parole in the US if:

  • You are in the US without a valid immigration status
  • You are an exchange alien subject to the foreign residence requirement
  • You are the beneficiary of a private bill
  • You are under removal proceedings

Eligibility

While in the US, you can apply for the advance parole during your stay if necessary or after you applied for a permanent residency. You are eligible for advance parole if you are in a less common immigration status that will let you return to the same status after a “brief, casual and innocent” absence from the United States. You may be eligible to apply for advance parole also if you intend to travel temporarily to the US for humanitarian reasons if you are outside the country and are not eligible for a visa and for a waiver of ineligibility.

If you stayed in the US illegally, you are not eligible for advance parole. And you are also subject for 2-year foreign residency requirement after having a J1 exchange visitor visa, or even subject for deportation or removal proceedings. On the other hand, if you are a K3 visa holder, you do not need advance parole after you applied for a permanent residence status and if you maintained the validity of your K3 visa. However, an asylum seeker and refugee must apply for a different authorization for permanent residence to be able to travel abroad.

File Form I-131

You should file Form I-131 application for Travel Documents along with the supporting documents and filing it to the USCIS. The supporting documents will contain a copy of a government issued photo ID indicating your name and date of birth. If the application for your adjustment of status is pending, you will have to file also your USCIS receipt. Your application might be denied if you fail to file all the required documents. You can file Form I-131 either online or by mail.

Application Support Center Appointment

USCIS will notify you regarding the time and location of your appointment with an application support center, after you file the Form I-131. You need to appear at the application support center for biometric or fingerprint scan. Your application might be denied if you fail to show up.

Sometimes, you may be required to show up to the USCIS office to answer additional questions regarding your application.

The USCIS will inform you about the decision in writing either by text message or email by filling out the Form G-1145 E-Notification of Application/Petition Acceptance.

If ever your advance parole document expires before your permanent residence granted, you will need to apply for renewal using the same procedure.

 

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Category: US Immigration

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