This is a document that allows an individual to re-enter the United States without an immigrant visa or non-immigrant visa after having traveled abroad. In addition, it must be granted before he or she leaves the U.S.
If they have not obtained advance parole before traveling abroad, then there is a great possibility that they may not be permitted to re-enter the United States upon their return without obtaining the kind of visa.
Advance Parole does not guarantee admission into the United States. Individuals who have obtained Advance Parole are still subject to the inspection process at the port of entry.
It takes about two to three months to process an Advance Parole application. Moreover, this document is renewable and is valid up to one year and during that period, an alien may make multiple entries into the United State. Renewal application must be filed at least 120 days before the previously issued advance parole expires.
You May Apply for advance parole if you currently reside in the United States and have a personal or bona fide reason to travel temporarily abroad.
Examples of a personal or bona fide reason to travel temporarily abroad may include an application for adjustment of status pending, being granted benefits under the Family Unity Program, being granted temporary protected status, having an asylum application pending.
Note: You do not require an advance parole if you have applied for adjustment of status and are maintaining H-1 status (temporary workers in specialty occupations) or L-1 status (intra-company transferees), or are a dependent in H-4 or L-2 status.
You May Not Apply for advance parole if you are in the United States without a valid immigration status, a beneficiary of a private bill, in removal proceedings, currently in a valid non-immigration status, subject to the two year foreign residence requirement due to having held J-1 status.
To Apply, you must prove that you have a personal or bona fide reason to travel abroad.
Your application must include the following:
- USCIS Form I-131, Application for Travel Document;
- Two identical color photographs taken within 30 days of filing the application, showing full face (passport style) and with your head bare (unless you are wearing a headdress as required by a religious order of which you are a member), has a white background and be no larger than a 2×2 inches, with the distance from the top of the head to just below the chin about 1 and ¼ inches andglossy, un-mounted, un-retouched and printed on thin paper.
Note: lightly print you A# or your name if you have no A# on the back of each photo using a pencil.
- Copy of your current passport.
- Copy of the USCIS Form I-94, Arrival-Departure Document issued to you while you entered the United States;
- Copy of the receipt notice or other evidence that your application for Green Card is pending with the USCIS.
- Copies of documents which indicate your current status.
The Differences Between Advance Parole and Re-Entry Permit
Advance Parole is issued to aliens who do not have permanent residence status, while a Re-Entry Permit is issued to permanent U.S. residents. Aside from this, these documents are dissimilar in their physical appearance. The Re-Entry Permit looks like a passport, while the Advance Paroles is a single piece of paper bearing the photo of the alien.
An Advance Parole functions like a U.S. visa, while a Re-Entry Permit functions like a passport. In a nutshell, an alien with an Advance Parole still needs a foreign passport to enter the U.S., while a permanent resident to the U.S. with a Re-Entry Permit does not need a foreign passport to enter the county.
In terms of duration, Advance Parole is valid for a year, while a Re-Entry Permit is valid for two years.
Abandonment of Status Adjustment
An Application for Adjustment of Status is not deemed abandoned if the applicant uses Advance Parole in order to travel outside the U.S. Advance Parole may be granted for any business, or personal reason.
For instance, a foreign nation who has a pending Adjustment of Status case, once obtained Advance Parole traveled abroad, may re-enter the U.S. with his Advance Parole document and preserve his Adjustment of Status application.
An H or L status holder, during Adjustment of Status proceedings, who travels outside the U.S. without seeking Advance Parole is not considered as having abandoned the Status of Adjustment application, if the following conditions are met:
- He/she is in possession of a valid H or L status before traveling abroad;
- He/she comes back to the US with a valid H-1 or L-1 visa; and
- He/she resumes employment with the same employer for whom H or L status was issued prior to departure from the US.
In such a situation, the alien needs to have a valid H-1B or L-1 visa or apply for an H-1 or L-1 visa at a U.S. Consulate abroad.
You Need an Immigration Lawyer for Your Immigration Case
Successful adjudication of your immigration case through the numerous deadlines and complex processes could be extremely difficult if you do not have an immigration lawyer.
At The Gambacorta Law Office, we can help you through the preparation of your petitions and applications, coach you for your USCIS interview, and clear out issues on your green card, visas, and many others.