Is it Safe to Travel with Advance Parole?

January 1, 2019

When used properly, advance parole is a document that is perfectly legal and safe to use. If you have a pending application for an Adjustment of Status Green Card or a marriage-based Green Card, Advance Parole serves the same purpose as a US Visa, allowing re-entry to the United States upon returning. There are several conditions that do apply for it to be appropriate for your specific situation. It isn’t recommended to travel outside the country while you have a pending Green Card application because the risks outweigh the reward. So, you should only travel outside the country using advance parole when it is an emergency where you must leave the country.

What Exactly is Advance Parole?

When you are granted advance parole, that means you are given permission to physically enter the U.S. for a specific reason or purpose. Any immigrant who has been “inspected and paroled” at a US port by Customs and Border Patrol hasn’t technically been admitted to the country, so he or she remains an applicant seeking admission. When an advance parole document is issued by USCIS, the holder of the document is allowed appearance at any US port of entry to get parole into the country. The document doesn’t replace the required passport but can be accepted in the absence of a visa.

How Can Someone Obtain Advance Parole?

To apply for advance parole, the applicant must submit Form I-131, which is an Application for Travel Document. Return it with the $575 standard filing fee. It usually takes USCIS about 90 days to process the application for advance parole. Immigrants who are already in the U.S. should include supporting evidence and several documents along with the advance parole application. Those documents include:

  • A copy of the receipt from USCIS for your pending petition for a Green Card (if you are applying for Adjustment of Status)
  • Two photographs taken passport-style and which were taken within the last 30 days
  • Evidence that shows your trip is for educational, humanitarian or employment purposes
  • A copy of your US consular letter of appointment (if you are traveling to Canada to apply for a visa)
  • Evidence supporting that your current circumstances warrant the issuance of an advance parole document
  • Your official identification documents along with a photograph
  • Documents that validate your current status in the country

Immigrants who are outside the U.S. and meet the qualifications for advance parole in extraordinary circumstances should include supporting evidence along with these documents when they apply:

    • A complete Form I-134 with the proper documents
    • An official document used for identification purposes along with a photograph
    • A copy of the identity page of the passport
    • A description of the significant public benefit or urgent humanitarian need along with documentation of the need for handling of an expedited nature along with details explaining how long you will need parole
    • A statement, if applicable, explaining why you are unable to obtain a US visa
    • A statement, if applicable, explaining why you can’t get a waiver for inadmissibility
    • Copies of any Consulate, USCIS, or US Embassy decisions regarding your immigration petitions or applications

Advance parole is but one aspect of the overly complicated world of immigration law in the United States, but if you or a loved one has been detained or faces deportation for any reason, then the team at Fears Nachawati is here to help. The legal team at Fears Nachawati has experienced immigration attorneys who specialize in a wide range of cases, including those involving advance parole. Our team is based throughout the state of Texas, and we are passionate about helping others navigate the complicated legal world. You can be assured that we will fight for you and your legal rights, and that no case is too big or too small for us to take on.

Don’t delay in reaching out to the experienced attorneys at Fears Nachawati for your free, no obligation legal consultation to discuss the specifics of your case. Please call (866) 705-7584 or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.

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