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
- 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.
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