What is advance parole for foreigners traveling abroad?

What is advance parole for foreigners traveling abroad?

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Advance parole is a travel document that authorizes people who do not have permanent resident status in the United States to travel abroad and return without needing to present a visa.

It is also known as a travel document or permit, and one of its most notable benefits is that it can be processed without negatively influencing the processing of the application for a Green Card by the United States Citizenship and Immigration Services (USCIS).

In general, people without valid visas cannot return to the US after traveling abroad. However, if a person requests and is granted advance parole before traveling, they can return to the US without presenting a visa.

Why apply for advance parole?

The application for a Green Card could take months or even years while USCIS processes it. During this waiting period, the migrant may be presented with situations that warrant their departure abroad, such as:

• Death or illness of a family member or close friend
• Family visits
• Legal or business procedures in the country of origin or a third country
• Leisure or educational trips

In any of these scenarios, you can request advance parole and be readmitted to the United States without interfering with your chances of obtaining permanent residence status.

Who can apply for advance parole?

These are some of the migrant profiles who wish to travel internationally from the United States without having a permanent residence and who can benefit if they choose to process an advance travel permit:

• Those waiting for the processing of their applications to adjust their immigration statuses.
• Those who have been granted refugee or asylum status by USCIS or who currently have pending asylum applications.
• Beneficiaries of Temporary Protected Status or TPS.
• Those who have received benefits from family reunification programs.
• Recipients of Deferred Action for Childhood Arrivals (DACA) can also make this request under limited conditions, that is, as long as the trip is for educational, work, or humanitarian purposes.
• Those with T or U nonimmigrant status and people under “humanitarian parole” status can also apply. In the latter case, the applicant must demonstrate that their trip is necessary to carry out an urgent humanitarian action or that it will result in a relevant public benefit.

What are the benefits of obtaining advance parole?

If you obtain advance parole and travel outside the US while your Green Card is being processed, you will not risk USCIS canceling your application.

But it is important to emphasize that if you leave the United States without obtaining advance permission and before USCIS approves your Green Card, then the US Citizenship and Immigration Services will annul your application.

Nonetheless, early parole has a specific validity period of one year, but it can be renewed. To do this, requesting renewal at least 120 days before the expiration date is necessary.

Who is NOT eligible for advance parole?

There are some conditions in which some people may not be eligible to receive an advance travel permit for foreigners without permanent status. Here we list some:

• Those who do not have a valid immigration status, that is, those who are illegally in the United States, cannot be eligible.
• Neither are those with another type of travel document or any re-entry documentation valid for refugees. This condition has its exceptions if the migrant can demonstrate to USCIS that said documents have been irretrievably lost.
• Those requesting asylum or refuge but not adjusting their status to a Green Card cannot apply for early parole.
• Being subject to removal or deportation proceedings also prevents the person from applying for early parole.

What are the steps to request advance parole?

Those interested in processing advance parole must follow the following steps:

• File with USCIS Form I-131 or Application for a Travel Document. This can be done online or by downloading the most recent version of the form, which must be printed and completed. It is recommended to have the advice of an expert lawyer on the subject since the I-131 form is used to request various types of travel documents, and many applicants may become confused when filling it out.
• Provide all required supporting documentation: Among what is requested is documentation demonstrating your current immigration status (this may be a USCIS approval notice (Form I-797), a valid visa, or an employment authorization document (EAD)); documentation proving your identity (a copy of your passport, driver’s license, or government-issued ID card) and documentation proving the reasons for your travel (airline tickets, hotel reservations, or letters of invitation from family or friends).
• If advance parole is requested based on your spouse’s or child’s pending Green Card application, a marriage or birth certificate of the child, as applicable, must also be submitted.
• If the documents are not in English, USCIS requires that a certified translation be made of them.
• You must also attach two passport-type photographs and pay the required fees exceeding $500.

How long should I wait to know if I will be granted early parole?

Typically, early parole processing can take six to 18 months. USCIS has an online tool to check processing times for I-131 applications.

Importantly, applicants can expedite the processing of their application if they are in an emergency situation. Once advance permission is granted, the applicant can only leave the United States after receiving their physical travel document. This may take three to five months to arrive.

Does obtaining early parole guarantee your entry to the US?

It is not an absolute guarantee. Although approval for early parole theoretically reduces any potential problems upon re-entry into the United States, every person must go through inspections and clearances by immigration officials at any entry point into the United States.

Therefore, any person can be denied entry to the US if they do not pass the immigration inspection. Any border officer could deny or delay entry into the country even if the person has their advance parole document. It is rare for this to happen, but it is within the possibilities and is a factor that should be taken into account by anyone in the adjustment of status process.

Which foreigners DO NOT need advance parole to re-enter the US?

Foreign nationals holding certain valid visas, such as H-1 temporary workers, L-1 intra-corporate transferees, spouses of US citizens, or spouses of lawful permanent residents, do not need advance parole to re-enter the United States. after traveling outside the country.

Contact an Immigration Attorney at Kannan Law

If you do not have permanent resident status in the United States and are considering traveling abroad, advance parole is an immigration document that could make it easier for you to travel internationally and return to the United States.

However, it is essential that you consult with an immigration attorney to determine if you are eligible to process this advance parole and carry out an orderly process by the law to increase your chances of a satisfactory response. The specialist lawyers at Kannan Law are qualified to advise you on this request. Contact us now to receive personalized advice and the best guidance from a lawyer in San Diego. At Kannan Law, we are here to serve you.