Understanding the complexities of immigration statutes can be challenging, mainly if you are an alien waiting for the approval of your lawful permanent residency by the United States Citizenship and Immigration Services (USCIS) to travel abroad. You will be worried about the possible consequences of the foreign trip.
When you have an active permanent residency application with USCIS and wish to temporarily exit the country and return as the application processing is ongoing without negatively impacting your application, you will require a travel document called advance parole. Below are the meanings of advance parole, eligible candidates, benefits, costs, and the application process.
Advance Parole Definition
Advance parole refers to permission or authorization for eligible foreign nationals to travel out of the country and return temporarily with an active status adjustment application. Aliens who exit the country for emergency reasons without a travel permit find it challenging to reenter the country. Therefore, you will require advance parole when you have a pressing issue and must travel abroad.
Obtaining a green card after an application can take months and sometimes years. During this period, you could want to temporarily travel abroad to see your family or a sick loved one, attend a funeral, handle a business deal, or for leisure.
The aliens who qualify for parole are those who lack valid immigration documents and:
- Have a submission for status adjustment pending.
- Have a pending submission or obtained asylum, T or U visa, temporary protected status, or humanitarian parole.
If you belong to this category and leave the country before acquiring advance parole, you risk inadmissibility upon return to America.
Additionally, the law considers you to have abandoned your pending green card application and cancels it. You must start the application process afresh at the consulate of the foreign nation.
Therefore, when you plan on making a foreign trip pending your permanent residency request, you must fill out Form I131 to apply for temporary travel documents, known as advance parole.
The cost of the forms is $575, although you can request a cost waiver if you have proof of your inability to consolidate the figure.
Advance Parole Eligibility
Advance parole is a document that enables aliens with invalid immigration status to travel abroad and reenter the country lawfully without any repercussions. Therefore, your return is not guaranteed when you have a pressing matter outside the country that you must address and leave without travel authorization. However, when you obtain the necessary documents before exiting the country, you will have no problem with reentry unless you are deemed inadmissible for some other reason.
You will need the foreign travel document before exiting the country to guarantee your return if:
- You possess an active application for status adjustment or acquiring permanent residency.
- You own an active submission Temporary Protected Status (TPS), or one has been approved.
- You have obtained TPS status.
- You possess humanitarian parole as prescribed in INA Sec. 212(d)(5).
- You have an active application for asylum.
- You have obtained admission into the country as an asylum seeker or refugee.
- You have gained through the Family Unity Program.
- Have an active submission for temporary residency status.
The Primary Reason for Foreign Travel
Generally, as an alien, you must make a foreign trip for urgent humanitarian reasons or advance a substantial public benefit for the USCIS to grant a travel permit.
Humanitarian purposes for foreign travel consist of the following:
- Receiving medical care or treatment.
- Going home for the burial of a loved one.
- Visiting a sick relative.
In unique circumstances, you can even make a foreign trip for employment or education purposes.
Aliens that Can Travel Overseas Without Advance Parole
As an immigrant, if you possess any of these visas, you can freely make foreign trips without obtaining a travel permit:
- H1 temporary employee.
- H4 spouse.
- H1 child.
- K-3 spouse or American citizen K-4 child.
- L-1 Intra-company transferee, L-2 spouse, or an L-1 child.
- V-1 spouse or V-2/V-3 child of a permanent resident.
When you reenter the country after, you must submit a valid H, L, K, or V nonimmigrant visa to be admitted and continue your admissibility.
Nevertheless, the active application for a change of status to legal permanent residency cannot be canceled even when you travel internationally without advance parole or travel permit while USCIS processes your application.
You will require an immigration attorney to gather proof of having filled out Form I797, the application for status adjustment.
Warning for TPS Status Holders
When you, as an alien, reenter the country, you can only maintain your TPS status if you satisfy the necessary conditions. If you are on TPS status, you must maintain a constant physical presence in the country. Otherwise, you could lose your status.
Advance parole or travel permits do not negate the condition for constant physical presence in America to retain TPS status if you exit and reenter the country within the duration provided in your travel documents.
Obtain Advance Parole when in the Country Illegally
If you are an alien living in America illegally, you qualify for a travel permit. However, the authorities could prevent you from returning even with travel authorization.
Accruing at least one hundred and eighty days of illegal presence but no more than twelve months, traveling abroad will lead to a 36-month ban from reentering America. If you have been in the country unlawfully for over twelve months, you will be deemed inadmissible to the country for ten years.
Therefore, when your presence in the U.S. is illegal but you want to travel abroad with advance parole, you must speak to an experienced immigration attorney to advise you on the best course of action to avoid trouble when returning.
Obtaining Advance Parole while Outside the Country
Individuals living abroad or outside America could qualify for advance parole in unique circumstances. These circumstances are:
- Emergency humanitarian grounds like a sick or dead relative.
- An issue of public benefit or interest, like testimony in a court proceeding.
You cannot utilize parole to bypass or avoid visa application procedures or delay visa issuance.
Anyone abroad wishing to apply for advance parole or travel documents must book a fingerprinting appointment if they are 14 to 76. The state department, or USCIS, will notify you of the fingerprinting location.
Advance Parole Benefits
There are two primary benefits to obtaining travel authorization as an alien. You can freely reenter the country after foreign travel without a reentry visa. Secondly, if you have an active status adjustment application, the travel permit will reserve the application or prevent cancellation by USCIS while you are abroad.
However, you should know that having the travel authorization does not guarantee you can reenter the country. To establish admissibility, you will still undergo the standard inspection procedures by Customs and Border Protection at the entry port.
If factors make you inadmissible, you will not be admitted. Alternatively, you risk expedited deportation proceedings in an immigration court.
Advance Parole Processing Time
It takes approximately ninety days to receive a travel permit or parole. The exact time it takes to obtain the documents depends on the type of application. The workload in the USCIS office can also impact the processing time. If the agency deals with many applications, you will wait longer.
Also, your application’s completeness or accuracy affects processing time. If you make multiple errors or omissions when completing the forms, there will be delays. Therefore, hire a competent immigration attorney to assist you in completing the paperwork.
Another reason your application could take longer is the request for additional proof from USCIS. If the officer processing your application requests more supporting paperwork, you will wait longer for the advance parole.
Expedited Application
USCIS can expedite your request for foreign travel documents if you satisfy the relevant conditions. Everyday situations eligible for expedited application are:
- Significant fiscal loss to an individual or organization.
- Humanitarian purposes or situations.
- USCIS error.
- Emergencies.
- USCIS compelling interests.
- Defense department or national government interests.
- Nonprofit entities whose application is for support or furtherance of America’s social and cultural interests.
If you are eligible for parole under this category, the processing time will take at most thirty days.
Emergency Application
When faced with an honest emergency as an alien, you can visit the local USCIS offices to apply for emergency parole. If USCIS grants your request, the agency can process the paperwork, and you will receive the travel documents within 24 hours of your application.
You should bring the following items with you to the immigration services office when submitting your application for emergency travel documents:
- A filled-out and signed travel authorization application form.
- The necessary filing fees.
Additionally, you must bring proof to support your emergency application, such as medical records or a death certificate. Again, you should bring with you two passport-size photos.
USCIS evaluates your emergency application depending on your unique circumstances. The officer doing the evaluation is allowed to:
- Award the emergency travel documents.
- Decline the application.
- Request the expedition of an active emergency parole application instead of allotting an emergency travel authorization.
Even in an emergency, traveling abroad while you have an active application can have adverse effects.
If you seek immigration status and exit the country because of an emergency without travel authorization, USCIS will deem you inadmissible upon your attempted reentry. Alternatively, you could receive admission, but your petition for immigration status will be considered abandoned.
When you are a nonimmigrant visa holder and have petitioned to extend your stay, the USCIS will automatically abandon your application if you exit the country because of an emergency without parole.
The Duration You Can Stay Outside America
Your travel document is only valid for twelve months after issuance. However, the Homeland Security Department can cancel the travel authorization at any time, including after you have traveled outside the country.
When a revocation happens while you are outside the country, you are not free to reenter the U.S. without the relevant authorization document that allows persons to leave the country and obtain admission.
You must know that if you have not been naturalized, you will face an immigration review every time you want to reenter the country from abroad. You will undergo the review before admission, even if you formerly enjoyed lawful permanent residence status.
If you have questions about the travel duration with the foreign travel authorization documents, consult your immigration attorney. You can also visit the USCIS offices near you for inquiries.
Advance Parole Fee
When applying for advance parole or travel authorization with an active Form I-485, I-821, or an approved I821D, you will pay a form fee of $575. You will not make any payment for the biometric services. Type D and E humanitarian parole costs $575 without any additional charges for fingerprinting services.
Not everyone can afford this amount of money. If you cannot consolidate the funds but prove your inability to raise them, you can apply for a waiver by completing and signing Form I-912. You should submit this form together with the travel document form.
You should know that there is an exception for applicants who submitted Form I-485 for status adjustment to permanent residency on or after July 30, 2007. If you belong to this category, you will not pay the filing fee if you paid for it when filing Form I-485 and your petition is still active.
Advance Parole Application Process
If you are an alien and wish to travel abroad, you must complete Form I131. The following documents should accompany your form:
- A duplicate of an identity paper with your name, photo, and birth date. The document can be a government ID, like a driver’s license or passport.
- The $575 payment or waiver form.
- Two duplicate passport-size photos taken within thirty days.
- A duplicate of a USCIS document showing your current immigration status.
- A statement or proof supporting the issuance of the travel permit.
- A photocopy of a receipt issued by USCIS for an active application for status adjustment.
- A print of a consular appointment letter when making a trip to Canada for an immigrant visa application.
- A duplicate of Form I797, Action Notice, shows the postponement of Form I821D's decision if there is a deferred action in your case in DACA by USCIS.
- Travel date and the anticipated duration you will be outside the country.
Also, you must furnish USCIS with proof of why you are traveling abroad. The evidence that can help explain your reason for the foreign travel includes:
- A communication from the school authority outlining the aim of your educational trip and offering justification for its necessity or merits.
- A record-attesting to your acceptance in an education program requiring intensive travel.
- A communication outlining the necessity for the abroad trip from a company or an individual hosting a conference.
- A communication from a doctor explaining your medical illness, the necessary treatment you seek abroad, and a concise explanation of why the foreign travel for treatment is needed.
- A loved one’s death certificate or medical record showing their grave illness.
Preventing Delays in Parole Processing
If you do not want delays in your application, please fill out the relevant forms correctly. Additionally, you should avoid mistakes that could delay the processing. You can prevent mistakes by carefully evaluating Form I131 instructions. Every form section has instructions, eligibility criteria, and supporting documents. Ensure you review the instructions before you complete the forms.
Similarly, provide accurate details like the name, date of birth, and address. Once you fill out these details, ensure you double-check.
Besides, you should present all the required supporting documents, including proof of eligibility and passport photos. Not submitting all supporting documents will delay the process.
Furthermore, you should pay the appropriate filing fee to avoid rejection of your application. Again, make the application early if you have plans to travel abroad. Submitting the forms earlier will ensure you receive them on time before the planned travel.
Lastly, do not make the application without the help of a professional. Talk to an experienced immigration attorney to help you complete the forms. An attorney has filled out many forms in the past and, therefore, can fill out the forms on your behalf to prevent mistakes or omissions that can delay the process. Also, attorneys understand the mistakes many people make when filling out applications and will help you avoid these mistakes for streamlined processing.
Advance Parole Risks
Even with the benefits of parole, traveling abroad comes with its risks. Your application will be in jeopardy if you do not respond to a Request For Evidence (RFE) or Notice of Intent to Deny (NOID). If USCIS sends you a NOID, your application has been declined. It simply means you submitted the relevant documents but failed to satisfy the necessary criteria for parole.
The NOID will explain the reasons for the denial of the application and what you can do to not reapply for the benefits. If you receive a NOID, contact your immigration attorney immediately to ensure you make the most of your final chance.
Find a Competent Immigrations Attorney Near Me
As an alien with an active status adjustment application, applying for travel documents for a foreign trip can be confusing. You can safeguard your interests by partnering with an experienced immigration attorney. At the California Immigration Attorney, we understand immigration laws and procedures, making us suitable to help you with your goal of leaving and returning to the country without jeopardizing your application. Call us today at 424-789-8809 to start your application.