US Immigration

Advance Parole

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Advance Parole

Advance Parole is documentation that some immigrants residing in the United States must obtain before leaving the country. More specifically, approval for Advance Parole must be obtained by individuals with pending Adjustment of Status applications before leaving the United States. An Advance Parole document helps to ensure that the individual will gain admittance upon their re-entry to the United States, and their pending Adjustment of Status application will not be forfeited. Form I-131 (Application for Travel Document) is used to apply for a Reentry Permit, Refugee Travel Document, and Advance Parole. These travel documents are used for the same purpose (to legally reenter the U.S.) but are employed for different applications. Advance Parole must be approved before the immigrant leaves the United States, and approval is a matter of USCIS discretion. Once Advance Parole is granted, the individual will receive Form I-512, which is the official name of the Advance Parole document. It is possible to renew the Advance Parole document by filling out Form I-131 up to 120 days before the Advance Parole (Form 1-512) expires. Each application for Advance Parole must include a copy of an approved form of identification which includes the applicant’s photo, name, and date of birth. Examples of acceptable identification documents include a valid U.S. driver’s license, State ID, a Green Card or another official identity document. An application for Advance Parole may also be filed by an individual in the United States on behalf of an applicant abroad if the applicant cannot obtain the necessary visitor visa or waiver of inadmissibility abroad. Under these circumstances portions of Form I-131 must be completed by a person currently residing in the United States. An overview of Advance Parole and related documents is as follows:
  • A Reentry Permit is normally applied for by Green Card holders who intend to spend a longer period of time outside of the United States
  • A Refugee Travel Document is normally used by asylum and refugee seekers in the United States
  • Advance Parole should be obtained by individuals who have an Adjustment of Status application pending or are in TPS status and need to leave the U.S. for an emergency or bona fide reasons.
  • However, Advance Parole does not apply to:
  • H-1B visa holders
  • L-1 visa holders o Permanent resident applicants
  • Green Card applicants
  • V nonimmigrants
  • K-3/K-4 nonimmigrants
  • Individuals currently in the United States illegally
  • A person on J-1 visa subject to the foreign residency requirement
  • Individuals in deportation or removal proceedings

The application for Advance Parole must be filed in the United States. It is important to note that traveling with an approved Advance Parole document is no guarantee of permission to reenter the United States. Generally, it is not recommended for applicants to depart the United States without an approved Advance Parole document as pending applications could be voided. Furthermore, filing an application for Advance Parole does not mean the applicant can leave the country without risking forfeiture of Adjustment of Status applications. It is advised that applicants wait for Adjustment of Status applications to be approved before they leave the country. If this is not possible, individuals must wait for approval of Advanced Parole documents before leaving or entering the United States.