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How Do You Get Approved For Advance Parole?

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Individuals submitting an adjustment of status application, DACA recipients, or travelers traveling for humanitarian purposes may qualify for advance parole. If approved, this document allows them to travel without needing a new visa and ensures their ongoing immigration case will not be adversely affected. You must understand how to apply for advance parole documents for approval.

How do I qualify for advance parole?

What is an Advance Parole?

Advance Parole is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that permits certain non-citizens without a visa to re-enter the United States after traveling abroad.

Commonly used by those with pending adjustment of status applications, such as green card applicants, it safeguards against abandoning their immigration status upon departure. Unlike a traditional immigrant visa, Advance Parole does not guarantee entry but allows the U.S.

Customs and Border Protection will grant re-entry at their discretion. Applicants must obtain Advance Parole before international travel, as leaving without it may jeopardize their U.S. immigration process.

Is it Risky to Use Advance Parole?

Using Advance Parole carries some risk, as it does not guarantee re-entry into the United States. While it allows certain non-citizens with pending immigration applications to travel abroad, U.S. Customs and Border Protection (CBP) can still deny re-entry based on their discretion or issues with the applicant’s background, such as prior immigration violations.

Additionally, international travel may complicate or delay the pending immigration application process. Choosing an immigration attorney before traveling on Advance Parole is advisable, especially if the applicant has a complex immigration history or unresolved legal matters that could impact their re-entry approval.

What evidence is needed for advance parole?

What Are the Benefits of Advance Approval?

Advance Parole approval offers several key benefits for non-citizens with pending immigration applications.

It allows them to travel abroad temporarily without abandoning their U.S. status or disrupting the application process.
This travel document also enables family visits, international business trips, and other necessary travel without jeopardizing their immigration plans.
For those in humanitarian situations, it can provide a safe re-entry option in times of crisis or emergency.
Additionally, Advance Parole maintains eligibility for certain federal benefits, ensuring continued support during the application period.

How to Get Advance Parole Approval?

Planning to travel internationally with a pending immigration status? Secure Advance Parole approval to ensure you can return to the U.S. without jeopardizing your application. This essential travel document lets you re-enter legally, but preparation is key. Follow these steps to make your application smooth and successful.

Meet Eligibility Requirements

Advance parole travel documents allow individuals waiting to receive certain immigration benefits to travel overseas without jeopardizing their status. These individuals include DACA recipients, asylum applicants, TPS holders, and those under withholding removal protection. They are available to DACA holders as well as asylum, TPS, or withholding removal protection holders.

Individuals seeking advance parole to travel must meet three eligibility categories before being approved:

Humanitarian travel could include medical treatment or attending funeral services for loved ones in need.
Educational travel could involve studying abroad for semester-abroad programs or academic research.
Employment purposes include interviewing or attending business conferences overseas.

Note, however, that traveling on advance parole does not ensure reentry to the United States – Homeland Security will still conduct an inspection to assess admissibility into the country. Therefore, individuals on advance parole should plan to return before their AP approval has expired; for guidance, consult an experienced immigration attorney.

Who approves advance parole?

Provide a Valid Reason for International Travel

DACA recipients applying for international travel can secure travel authorization under advance parole without abandoning their I-485 applications, with certain limited exceptions. The USCIS Form I-131 application for advance parole requires applicants to document a “bona fide personal or business reason.”

For further details on acceptable reasons, such as:

Receiving medical treatment abroad
Attending funeral services overseas
Visiting relatives overseas
Conducting academic research trips

Arriving back into the United States with advance parole, both copies of their document must be presented during CBP inspection. Furthermore, should they wish to travel again while on advance parole, they must submit another I-131 form requesting additional travel authority.

If you are uncertain whether you should travel on advance parole, don’t hesitate to contact an immigration attorney or visit CLINIC to find a legal aid provider who may be able to assist.

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Complete the Form I-131 Application

Reentry permits, refugee or asylee status documents, or advance parole can help certain immigrants travel legally outside the US without jeopardizing their immigration status. For instance, green card applicants waiting on visas may travel on such permits abroad while waiting to receive their green cards to avoid losing status while waiting.

Form I-131 requires applicants to provide specific details about their planned trip, such as its expected date of departure and length of stay, along with a copy of their USCIS receipt notice for any pending advance parole applications they are filing. Additionally, they must accurately detail any evidence supporting their claim that their most recent entry was lawful.

An immigration attorney may assist in reviewing and overseeing this process to ensure accuracy; an affidavit or additional supporting documents might need to be prepared to support their case. In certain instances, USCIS will request a refugee travel document or clarification from them before accepting a request for advance parole.

Why would someone be denied advance parole?

Submit Proof of Immigration Status

Americans applying for green cards (DACA recipients, refugees, and asylums), asylum or temporary protected status applicants, and those granted deferred action or humanitarian parole can all take advantage of advance parole. However, if these individuals travel outside the U.S. without prior approval from USCIS, they risk damaging their immigration status.

Therefore, they must obtain an advance parole document that permits them to temporarily travel abroad. To do this, they must apply (form I-131) with USCIS and submit proof of continuous physical presence for a required amount of time, such as:

Bankbooks
Bills
Lease agreements
Deeds
Receipts
Letters
Employment records

Note that even with an advance parole document, an alien may still be subject to inspection at their port of entry upon returning from travel. Therefore, before making travel plans, it is wise to consult an experienced immigration attorney.

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What are good reasons for advance parole?

Conclusion

Obtaining Advance Parole is crucial for non-citizens seeking to travel internationally while maintaining their valid immigration status in the U.S. However, it’s essential to remember that Advance Parole does not guarantee re-entry, so consult an immigration attorney before making travel plans. Proper preparation and understanding of the process can help ensure a smooth journey and safeguard your asylum status.

Call Colavecchio & Colavecchio Law for Family-Based Immigration Services

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At Colavecchio & Colavecchio Law Office, we specialize in Green Card applications, Citizenship processes, U Visas, and Provisional Waivers (I-601A). Let our experienced team guide you through every step of your journey. Contact us today to start making your American dream a reality!