1. What is Advance Parole in the United States?

Advance Parole in the United States is a travel document that allows certain non-citizens who are in the process of adjusting their immigration status to temporarily travel abroad and re-enter the United States. This document is typically utilized by individuals with pending applications for adjustment of status, asylum, or certain visas such as DACA recipients. With Advance Parole, individuals can leave the U.S. for a specific purpose, such as work, education, or humanitarian reasons, and return without jeopardizing their pending immigration status. It’s important to note that Advance Parole does not guarantee re-entry into the U.S., as Customs and Border Protection officers have discretion at the port of entry. Additionally, individuals should consult with an immigration attorney before traveling to ensure they meet the eligibility requirements and have the necessary documentation.

2. Who is eligible to apply for Advance Parole?

Eligibility for Advance Parole in the United States is typically reserved for individuals who fall under certain categories, including:

1. DACA Recipients: Individuals who have been granted Deferred Action for Childhood Arrivals (DACA) status may be eligible to apply for Advance Parole to travel abroad for educational, employment, or humanitarian purposes.

2. Adjustment of Status Applicants: Individuals who are in the process of adjusting their status in the U.S. through marriage to a U.S. citizen or other qualifying means may be eligible to request Advance Parole to travel outside the country while their application is pending.

3. Temporary Protected Status (TPS) Holders: Individuals who have been granted Temporary Protected Status (TPS) due to conditions in their home country may be able to apply for Advance Parole to travel abroad under certain circumstances.

4. Other Special Circumstances: In some cases, individuals with compelling humanitarian reasons or significant family issues may be eligible for Advance Parole at the discretion of U.S. Citizenship and Immigration Services (USCIS).

It’s important to note that eligibility criteria for Advance Parole can vary based on individual circumstances and the specific immigration status of the applicant. It is recommended to consult with an immigration attorney or authorized legal representative for personalized guidance on Advance Parole eligibility and application procedures.

3. How does one qualify for Advance Parole?

To qualify for Advance Parole in the United States, an individual must meet certain criteria set by U.S. Citizenship and Immigration Services (USCIS). These criteria include:

1. Having a pending adjustment of status application, asylum application, or Temporary Protected Status (TPS) application.
2. Showing a compelling reason for needing to temporarily travel outside of the U.S., such as for educational, employment, or humanitarian reasons.
3. Demonstrating that the trip will not interfere with the individual’s immigration proceedings or status in the U.S.
4. Providing supporting documentation for the trip, such as a detailed itinerary, evidence of the purpose of travel, and proof of ties to the U.S. to ensure the individual will return.

It is essential to carefully follow the application process and provide all required information to increase the chances of being granted Advance Parole.

4. Can DACA recipients apply for Advance Parole?

Yes, DACA (Deferred Action for Childhood Arrivals) recipients are eligible to apply for Advance Parole under certain circumstances. DACA recipients can apply for Advance Parole if they can demonstrate a humanitarian, employment, or educational need to travel outside of the United States. It is important to note that Advance Parole does not guarantee re-entry into the United States and is granted at the discretion of U.S. Citizenship and Immigration Services (USCIS). DACA recipients should consult with an immigration attorney or accredited representative for guidance on applying for Advance Parole and to ensure they meet all eligibility requirements before traveling outside of the country.

5. How long does the Advance Parole process take?

The Advance Parole process in the United States can vary in duration depending on various factors. On average, it can take anywhere from 90 days to six months for the Advance Parole document to be issued. This timeline includes the submission of the application, processing by U.S. Citizenship and Immigration Services (USCIS), and potential delays in case further information or documentation is requested. It is important to apply for Advance Parole well in advance of any planned travel dates to allow for sufficient processing time. Additionally, factors such as the current workload at the USCIS office handling the application, the complexity of the case, and any issues that may arise during the review process can impact the overall processing time. Applicants should monitor their case status and be prepared for possible delays to ensure timely receipt of their Advance Parole document.

6. What are the reasons for which Advance Parole may be granted?

Advance Parole may be granted for a variety of reasons, including:

1. Humanitarian Purposes: Individuals may be granted Advance Parole for compassionate reasons such as visiting a sick family member, attending a funeral or taking care of a family emergency.

2. Educational Purposes: Students who are studying abroad or participating in academic research may be granted Advance Parole to travel outside of the United States.

3. Employment Purposes: Individuals who need to travel for work-related reasons, such as attending conferences or meeting with clients, may be granted Advance Parole.

4. Personal Reasons: Other personal reasons, such as attending a wedding or participating in a special event, may also be considered for Advance Parole.

It’s important to note that advance parole is not guaranteed and each request is considered on a case-by-case basis by the United States Citizenship and Immigration Services (USCIS). Applicants must demonstrate a valid reason for their travel and provide supporting documentation to support their request for Advance Parole.

7. Can someone with Advance Parole travel outside of the United States?

Yes, someone with Advance Parole is allowed to travel outside of the United States and return during the authorized period. Advance Parole is a travel document that allows certain individuals who are in the process of adjusting their immigration status to temporarily leave the U.S. for urgent humanitarian, work, or educational reasons and re-enter legally. It is typically granted to applicants who have a pending Adjustment of Status (Form I-485) application, DACA recipients, TPS holders, or asylum applicants.

1. It is important to note that simply having Advance Parole does not guarantee re-entry into the U.S. The Customs and Border Protection (CBP) officer at the port of entry has the final authority to determine admissibility.
2. Advance Parole should be obtained before departure, as leaving the U.S. without it can result in abandonment of the pending immigration application.
3. It is advisable to consult with an immigration attorney before making any international travel plans with Advance Parole to ensure a smooth re-entry process and compliance with all regulations.
4. Advance Parole travel should be carefully planned, considering any potential changes in immigration policy or unforeseen circumstances that may affect re-entry.

8. How many times can someone use Advance Parole?

There is no set limit on how many times an individual can use Advance Parole. However, it is important to note that each application for Advance Parole is considered on a case-by-case basis. If an individual has a legitimate reason for needing Advance Parole multiple times, such as ongoing humanitarian or educational reasons, they may be able to apply for it more than once. It is essential to consult with an immigration attorney or authorized representative to determine the best course of action for multiple uses of Advance Parole, as each situation may vary depending on the individual’s specific circumstances and immigration status.

9. Is Advance Parole required for international travel for certain visa types?

Yes, Advance Parole is required for certain visa types if the individual wishes to travel internationally while their adjustment of status application is pending. This applies to individuals holding a visa status such as F-1 (student visa) or H-1B (work visa) who have filed for adjustment of status to become a lawful permanent resident. Without Advance Parole permission, leaving the United States while the adjustment of status application is pending could result in the application being considered abandoned and subsequent denial. Therefore, individuals in this situation need to apply for Advance Parole to allow for travel abroad while their case is pending for approval.

10. What documents are needed to apply for Advance Parole?

When applying for Advance Parole in the United States, there are specific documents that are typically required. These may include:

1. Form I-131, Application for Travel Document, which is the primary form for requesting Advance Parole.
2. A copy of a government-issued identification document, such as a passport or driver’s license.
3. Evidence to support the need for Advance Parole, such as a letter explaining the reasons for the travel, like for educational, humanitarian, or employment purposes.
4. Proof of your pending immigration status, such as a copy of your Form I-485 receipt notice if you have a pending adjustment of status application.
5. Any additional supporting documents relevant to your specific situation, such as proof of ties to the United States to show your intention of returning to the country.

It is essential to carefully review the specific requirements outlined by the U.S. Citizenship and Immigration Services (USCIS) when applying for Advance Parole to ensure that you provide all necessary documents for a successful application.

11. Are there any risks associated with applying for Advance Parole?

Yes, there are risks associated with applying for Advance Parole in the United States. Here are some key considerations:
1. Denial of Entry: The primary risk is that Advance Parole does not guarantee entry into the United States. Depending on various factors, including changes in circumstances or immigration policies, individuals may be denied entry even with approved Advance Parole.
2. Impact on Immigration Status: Applying for Advance Parole could potentially impact your current immigration status. If your application is denied or if there are complications, it could lead to issues with your existing visa or immigration status.
3. Travel Restrictions: There may be restrictions on where you can travel using Advance Parole. Certain countries or regions may pose risks or could impact your ability to re-enter the United States.
4. Unforeseen Delays: Processing times for Advance Parole applications can vary, and there may be unforeseen delays. This could disrupt your travel plans and cause inconvenience.
5. Legal Counsel: It is essential to seek guidance from immigration experts or legal counsel when applying for Advance Parole to navigate potential risks and ensure a smooth process.

12. Can Advance Parole be revoked or denied?

Yes, Advance Parole can be revoked or denied under certain circumstances. The U.S. Citizenship and Immigration Services (USCIS) can revoke an already approved Advance Parole document if there are substantial reasons to do so, such as discovering that the individual provided false information on their application or if their circumstances have changed and they no longer meet the requirements for Advance Parole. Additionally, Advance Parole applications can be denied if the applicant fails to establish a valid reason for needing to travel outside of the United States, does not provide sufficient supporting documentation, or is found ineligible for Advance Parole for any other reason. It is crucial for individuals applying for Advance Parole to carefully adhere to all requirements and provide accurate information to avoid the risk of revocation or denial.

13. How much does it cost to apply for Advance Parole?

The cost to apply for Advance Parole through Form I-131, Application for Travel Document, is $575 as of 2021. This fee includes both the application fee and the biometrics services fee. It is important to note that USCIS fees are subject to change, so it is recommended to check the most current fee on the USCIS website before submitting the application. Additionally, there may be other costs associated with the Advance Parole application process, such as legal fees if you choose to work with an immigration attorney. It is essential to follow all instructions carefully and submit the correct fee payment to avoid delays or complications in the processing of your Advance Parole application.

14. Can Advance Parole lead to lawful permanent residency (Green Card)?

Advance Parole alone does not directly lead to obtaining lawful permanent residency (Green Card) in the United States. However, there are some situations where having Advance Parole could potentially benefit an individual’s path to obtaining a Green Card:

1. Travel for Humanitarian Reasons: Advance Parole may be granted for individuals who need to travel for urgent humanitarian reasons, such as medical treatment or to visit a critically ill family member. In such cases, demonstrating the need for humanitarian parole could potentially strengthen an individual’s asylum or refugee claim, which may eventually lead to eligibility for a Green Card through those pathways.

2. Adjustment of Status: If an individual with Advance Parole travels abroad and returns to the U.S. in valid immigration status, such as on a visa or through the Visa Waiver Program, they may be able to apply for Adjustment of Status while in the U.S. This can be a pathway to obtaining a Green Card for those who are eligible, such as immediate family members of U.S. citizens or certain employment-based immigrants.

While Advance Parole itself does not directly lead to obtaining a Green Card, it can be a tool used in specific circumstances that may indirectly support an individual’s journey towards permanent residency in the United States. It is important to consult with an immigration attorney or accredited representative for personalized guidance on the best immigration strategy for your particular situation.

15. Can Advance Parole be used to apply for a visa in the United States Consulate?

1. Advance Parole, which is a travel document issued to certain non-U.S. citizen applicants who are in the process of adjusting their immigration status in the United States, does not serve as a visa for entry into the country. Instead, Advance Parole allows individuals to briefly travel outside of the U.S. and then return without abandoning their pending immigration application.

2. While Advance Parole is not a visa itself, individuals holding this document can return to the U.S. under certain circumstances. However, they must still possess a valid visa if they are from a country that requires one for entry. Advance Parole is not a substitute for a visa and does not grant entry or reentry into the U.S. without the necessary visa.

3. Therefore, in the context of applying for a visa at a U.S. Consulate, individuals with Advance Parole need to understand that this document does not fulfill the requirements for obtaining a visa. They would still need to follow the standard visa application process, provide the required documentation, attend any necessary interviews, and meet the criteria set by the Consulate for the specific type of visa they are seeking.

In conclusion, Advance Parole cannot be used to apply for a visa at a U.S. Consulate. While it facilitates reentry for those with pending immigration applications, it does not serve as a visa for entry into the United States.

16. Can someone apply for Advance Parole if they have a pending asylum application?

1. Yes, an individual with a pending asylum application can apply for Advance Parole in the United States. Advance Parole is a travel document issued to certain non-citizens, allowing them to re-enter the U.S. after traveling abroad for humanitarian, educational, or employment purposes while their immigration status is still pending.
2. In the case of someone with a pending asylum application, they may need to travel for reasons such as family emergencies, educational opportunities, or employment-related matters. Applying for Advance Parole allows them to leave the U.S. temporarily and return without jeopardizing their pending asylum application.
3. It’s important to note that each case is unique, and individuals should consult with an immigration attorney or accredited representative to determine their eligibility for Advance Parole and to navigate the application process effectively. Meeting all the requirements and providing necessary documentation will increase the chances of a successful Advance Parole application for someone with a pending asylum application.

17. Can Advance Parole be used for visiting family or attending a special occasion abroad?

Yes, Advance Parole can be used for visiting family or attending a special occasion abroad. Here’s how:

1. Advance Parole is a travel document issued to certain individuals who are in the process of adjusting their immigration status in the United States. It allows them to re-enter the country after temporarily traveling abroad.

2. Individuals approved for Advance Parole are typically those with pending Form I-485 (Application to Register Permanent Residence or Adjust Status) or those with Temporary Protected Status (TPS). They may also include DACA recipients or asylees who need to travel temporarily outside the U.S.

3. When requesting Advance Parole, individuals must demonstrate a legitimate reason for their travel, such as visiting a sick relative, attending a family event like a wedding or funeral, or for educational or employment purposes.

4. It’s essential to note that Advance Parole does not guarantee re-entry into the U.S., as Customs and Border Protection officers have the authority to deny entry for various reasons. Therefore, individuals should ensure they have all necessary documentation and meet all requirements for re-entry.

In conclusion, Advance Parole can be used for traveling abroad to visit family or attend a special occasion, provided the individual meets the criteria and obtains the necessary approvals beforehand.

18. What are the restrictions on employment while on Advance Parole?

While on Advance Parole in the United States, there are certain restrictions on employment that individuals must adhere to:

1. Employment Limitations: Individuals on Advance Parole are typically not authorized to work in the United States unless they have a separate work visa or authorization, such as an Employment Authorization Document (EAD).
2. Volunteer Work: Limited volunteer work may be permitted while on Advance Parole, but it is important to confirm with an immigration attorney or the relevant authorities to ensure compliance with regulations.
3. Prohibited Employment: Engaging in unauthorized employment while on Advance Parole can have serious consequences, including jeopardizing future immigration benefits or facing deportation.

It is crucial for individuals on Advance Parole to understand and follow the rules and restrictions regarding employment to avoid any complications with their immigration status in the United States.

19. How does Advance Parole impact existing immigration status in the United States?

Advance Parole allows individuals with pending applications for adjustment of status, asylum, or other immigration benefits to temporarily travel outside of the United States and be paroled back into the country. It does not impact an individual’s existing immigration status in the United States in the sense that it does not grant any new immigration status or rights. Here are some key points to consider regarding how Advance Parole impacts existing immigration status:

1. Permission to Re-enter: Advance Parole allows individuals to temporarily leave the U.S. and return without abandoning their pending immigration applications. This means that individuals can maintain their existing immigration status while traveling abroad.

2. Conditional Approval: Approval for Advance Parole is not a guarantee of re-entry into the U.S. Customs and Border Protection officers have the authority to deny parole to individuals upon their return based on various factors, including new information or changed circumstances.

3. No Independent Immigration Status: It is important to note that Advance Parole does not confer any independent immigration status or provide any pathway to permanent residency or citizenship. It is simply a temporary authorization to re-enter the U.S. while a person’s immigration application is pending.

4. Risk of Abandonment: While Advance Parole allows for temporary travel, prolonged absences from the U.S. or engaging in certain activities while abroad could potentially jeopardize an individual’s pending immigration status. It is crucial to follow the guidelines and limitations of Advance Parole to avoid any negative impact on one’s immigration case.

In conclusion, Advance Parole can provide individuals with the flexibility to travel while maintaining their existing immigration status in the U.S. However, it is essential to understand the limitations and risks associated with using Advance Parole to ensure the continued validity of one’s pending immigration applications.

20. Are there any travel restrictions or limitations with Advance Parole?

Yes, there are certain travel restrictions and limitations associated with United States Advance Parole. It’s important to note that Advance Parole is not a guarantee of entry into the United States and is typically granted for specific reasons such as humanitarian, educational, or employment purposes. Some key restrictions and limitations to be aware of include:

1. Destination Restrictions: Advance Parole generally allows for international travel, but it may restrict the countries that the individual can visit during their trip.

2. Timeframe Limitations: Advance Parole is typically granted for a specific period of time, and travelers must return to the U.S. before the expiration date to maintain their immigration status.

3. Pending Applications: Individuals with certain pending immigration applications or issues may face restrictions on their ability to travel using Advance Parole.

4. Risks of Denial: There is always a risk that Immigration officials may deny re-entry to the U.S. even with Advance Parole, typically in cases where there are changes in circumstances or new concerns about the individual’s eligibility.

It is crucial for individuals with Advance Parole to carefully follow all guidelines and restrictions to avoid any issues upon re-entry to the United States. It’s recommended to consult with an immigration attorney or official resources to fully understand the limitations and requirements associated with Advance Parole.