Travel Abroad With Advance Parole?

can I travel abroad with advance parole

Advance Parole is a travel document that allows individuals with a pending application for permanent residence, adjustment of status, or asylum in the US to travel abroad without nullifying their application. It is important to obtain Advance Parole before leaving the US to avoid the termination of a pending application. The Advance Parole travel document is valid for one year and allows multiple entries into the US. It is not a replacement for a passport and does not guarantee admission into the US.

Characteristics Values
What is Advance Parole? A travel document that allows someone living in the U.S. while awaiting their green card to travel abroad without nullifying their green card application.
Who needs Advance Parole? Aliens with pending applications for certain immigration benefits.
Who does not need Advance Parole? Aliens who have applied to adjust to permanent resident status and who maintain H-1B or L-1 status, or their dependents; V nonimmigrants; K-3/4 nonimmigrants.
Who is not eligible for Advance Parole? Aliens in the United States illegally; or an exchange alien subject to the foreign residence requirement.
How to apply for Advance Parole? File Form I-131, Application for Travel Document.
What to attach with the application? A copy of photo identification, two passport-sized photos, and a copy of the receipt notice showing that USCIS previously received the green card application.
Fee $630 fee to file Form I-131 with a pending green card application.
How long is the Advance Parole document valid for? One year after it's issued.
Can I work with an Advance Parole document? The Advance Parole document itself does not grant permission to work.
Does Advance Parole guarantee entry into the U.S.? No, it does not guarantee admission into the United States.

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Advance Parole eligibility for DACA recipients

Advance Parole is a travel document that allows individuals with pending immigration applications to leave and re-enter the United States without nullifying their application. This is particularly relevant for DACA (Deferred Action for Childhood Arrivals) recipients, who may have their first opportunity to travel outside the U.S. and return legally with Advance Parole.

DACA recipients must apply for Advance Parole and meet specific eligibility criteria to travel abroad without losing their DACA status. Firstly, DACA recipients must have a valid reason for travel, which falls under one of the following categories:

  • Humanitarian purposes: This includes obtaining medical assistance, attending a funeral service for a family member, visiting a sick relative, or other urgent family-related matters.
  • Educational purposes: This includes participating in study abroad programs or conducting academic research.
  • Employment purposes: This includes overseas assignments, client meetings, interviews, conferences, training, and travel necessary for pursuing a job with a foreign employer in the United States.

It is important to note that vacation, reconnecting with family, or attending a friend's wedding are not considered valid reasons for obtaining Advance Parole under DACA.

To apply for Advance Parole, DACA recipients must submit the following documents to U.S. Citizenship and Immigration Services (USCIS):

  • Form I-131 (Application for Travel Document)
  • Copy of a photo identity document, such as a driver's license or passport
  • Proof of DACA approval (Form I-797)
  • Two passport-style photographs
  • Application fee (as of April 1, 2024, the fee is $630, including biometrics services)

Additionally, DACA recipients must provide documentary evidence supporting their claimed basis for travel. For example, if travelling for humanitarian reasons, a letter from a medical professional or a death certificate for a deceased relative may be required.

It is important to consult with an experienced immigration attorney before applying for Advance Parole as a DACA recipient to understand the risks and ensure all requirements are met.

Obtaining Advance Parole does not guarantee admission into the United States. Upon return, DACA recipients with Advance Parole are still subject to inspection by Customs and Border Protection officers, who have the authority to deny entry.

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Applying for Advance Parole

Advance Parole is a travel document that allows individuals in the United States awaiting their green card to travel abroad without nullifying their green card application. It is important to obtain Advance Parole before leaving the country to avoid any negative consequences on your immigration status or pending applications. Here is a step-by-step guide on applying for Advance Parole:

  • Eligibility: Determine if you are eligible for Advance Parole. Individuals with pending applications for certain immigration benefits, such as adjustment of status, permanent residence, or asylum, are typically eligible for Advance Parole.
  • Form I-131: Obtain and complete Form I-131, also known as the "Application for Travel Document." This form can be found on the U.S. Citizenship and Immigration Services (USCIS) website.
  • Supporting Documents: Gather the required supporting documents, which may include a copy of your photo identification (e.g., passport), two passport-sized photos, and evidence of your immigration status or pending applications. If you are applying due to an emergency, you will need to provide additional documentation to support your claim.
  • Filing Fee: Determine if you need to pay a filing fee. In some cases, there is no additional fee if you submit your Form I-131 with your initial green card application (Form I-485). However, if you are filing Form I-131 separately, you may need to pay a fee.
  • Submission: Submit your completed Form I-131, along with the supporting documents and fee (if applicable), to USCIS. You can find the appropriate filing address on the USCIS website.
  • Processing Time: Allow for the processing time. The processing time for Advance Parole can vary, but it is typically within 150 days of submitting your application. In cases of emergency, you can request expedited processing by contacting the USCIS Contact Center or through your online account.
  • Receipt of Advance Parole: Once your Advance Parole is approved, you will receive a travel document. Do not leave the United States until you have received this document, as it is crucial for re-entry and maintaining your immigration status.
  • Travel: You can now travel abroad with your Advance Parole document. Remember to carry it with you, along with any other required travel documents, when returning to the United States.

It is important to note that Advance Parole does not guarantee admission into the United States. Upon your return, you will still be subject to inspection by Customs and Border Protection officers, who will make the final decision regarding your entry. Additionally, Advance Parole is typically valid for one year, and you will need to renew it if you plan to travel after that period.

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Advance Parole and Green Card applications

Advance Parole is a travel document that allows someone living in the U.S. to travel abroad while their green card application is pending without nullifying their application. It is commonly used when someone has a pending application for permanent residence, adjustment of status, or asylum.

If you have a pending green card application and want to travel outside the U.S., you need to obtain Advance Parole before leaving the country. If you leave without the proper travel documents, your green card application will be terminated.

To apply for Advance Parole, you must file Form I-131: Application for a Travel Document with U.S. Citizenship and Immigration Services (USCIS). The form can be completed online or on paper. The form must be accompanied by a $575 filing fee and the following supporting documents:

  • Receipt notice from USCIS after filing Form I-485, if your green card is pending
  • Two passport-style photographs
  • USCIS-issued document showing the validity of your current immigration status (e.g. approval/receipt notice, Form I-797)
  • Photocopy of a government-issued identification document (ID) with your name, date of birth, and photo (e.g. passport, driver's license, employment authorization document)
  • Marriage certificate (if applying based on your spouse's pending green card application)
  • Child's birth certificate (if applying for a child based on a pending child green card application)
  • Detailed evidence explaining your reasons for travelling (e.g. Declaration of Support Letter)

It is important to note that Advance Parole does not guarantee admission into the U.S. upon your return. You will still be subject to inspection by Customs and Border Protection officers who will make the final decision on whether to admit you.

Length of Stay Outside the U.S.

Advance Parole is typically granted for multiple entries into the U.S. and for the time period required to complete the adjustment of status application, not exceeding one year. However, you need to be careful not to miss any scheduled fingerprinting or interview appointments, as this could put your green card application at risk. It is recommended to check the processing times at your local USCIS office before making travel plans.

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Advance Parole and refugee travel documents

Advance Parole is a travel document that allows individuals to re-enter the United States after travelling abroad without nullifying their application for a green card or permanent residence. It is important to obtain Advance Parole before leaving the United States, as exiting the country without it may result in the termination of one's application for permanent residence.

To apply for Advance Parole, individuals must file Form I-131, Application for Travel Document, with the U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by a copy of one's photo identification, two passport-sized photos, and a copy of the receipt notice showing that USCIS has received the green card application. There is a $630 fee to file Form I-131 with a pending green card application.

It is recommended to apply for Advance Parole at the same time as one's initial application for a green card to avoid any delays in processing. The travel document is typically valid for one year after it is issued and it is crucial that individuals do not leave the United States until they have received their approved travel document.

Refugee travel documents are issued to individuals with refugee or asylee status and to lawful permanent residents who obtained their green cards based on their refugee or asylee status. This document is required for individuals with refugee or asylee status who are not lawful permanent residents to re-enter the United States. To apply for a refugee travel document, individuals must file Form I-131 and attach a copy of the document issued by the Department of Homeland Security (DHS) showing their refugee or asylee status and the expiration of such status.

It is important to note that neither Advance Parole nor refugee travel documents guarantee admission into the United States. Upon arrival, individuals will undergo an inspection by Customs and Border Protection officers who will make the final decision regarding admission.

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Advance Parole and employment

Advance Parole is a document that allows certain aliens to re-enter the United States after travelling abroad without an immigrant or non-immigrant visa. It is also a way to indicate to U.S. immigration authorities that the holder is not abandoning their adjustment application.

The Advance Parole document itself does not grant permission to work. However, individuals who have filed an adjustment of status application may apply for an Employment Authorization Document (EAD) while waiting for a decision on their application.

In September 2023, the U.S. Citizenship and Immigration Services (USCIS) updated their Policy Manual to allow some EADs to be issued with a maximum validity period of five years, as opposed to the previous maximum of one or two years, depending on the application category. This change was made to reduce the number of I-765, Applications for Employment Authorization, that USCIS receives at its processing centres, and to reduce the number of applications that noncitizens need to complete in order to renew their EAD.

The Employment Authorization and Advance Parole Card is available to certain individuals who have pending family or employment-based Forms I-485. The card is similar to the current Employment Authorization Document (EAD) but includes the text "Serves as I-512 Advance Parole". This card serves as both an employment authorization and an Advance Parole document. Employers may accept this card as a List A document when completing the Employment Eligibility Verification, Form I-9.

To receive the EAD and Advance Parole card, individuals must file an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing an Application to Register Permanent Residence or Adjust Status, Form I-485. The forms I-765 and I-131 must be filed at the same time in order to receive the EAD and Advance Parole card.

Frequently asked questions

Advance Parole is a travel document that allows someone living in the U.S. to travel abroad without nullifying their green card application. It is commonly used when someone has a pending application for permanent residence, adjustment of status, or asylum.

To apply for Advance Parole, individuals can file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS). The application must include a copy of the applicant's photo identification, two passport-sized photos, and a copy of the receipt notice showing that USCIS has received the green card application, along with the full application fee.

Individuals with a pending application for permanent residence, adjustment of status, or asylum are typically eligible for Advance Parole. Additionally, individuals who have been granted Deferred Action for Childhood Arrivals (DACA) may also be eligible for Advance Parole for specific humanitarian, educational, or employment reasons.

Obtaining Advance Parole does not guarantee admission into the United States. Individuals with Advance Parole are still subject to inspection by U.S. Customs and Border Protection (CBP) officers at the port of entry, who will make the final decision regarding admission. Additionally, there is a risk that USCIS may deny the green card application if the individual travels outside the U.S. without obtaining Advance Parole first.

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