Advance parole: when to resort to it?

Advance parole: when to resort to it?

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Immigrating to the United States is not an easy task considering the quantity and quality of the requirements to be able to enter legally. Despite this, many make it, but they must put their patience and good behavior to the test while waiting for the long-awaited Green Card that will turn them into naturalized citizens.

The duration of this process varies significantly from one case to another, in addition to the fact that it is subject to the flow of requests that the authorities are processing. And, as many of you surely know by now, you usually are not allowed to leave during this process. But what happens when there are compelling reasons that would warrant a short trip abroad?

The good thing is that the US immigration system is not that rigid. There is a term known as advance parole for these cases, which is requested before the institution in charge of immigration issues. The United States Citizenship and Immigration Services (USCIS). The following article explains what it is and which profiles could make the request if needed.

What is advance parole?

Although the name alludes to the permit given to persons deprived of liberty, we can see it simply as a travel document. Through this, immigrants who meet specific requirements can travel outside the US and return legally without jeopardizing their stay (at least specifically for that reason).

The interested person has to apply to USCIS by filling out and submitting Form I-512T (since 2022), available on the website. It is an essential requirement for non-citizens who need, for example, to return to their country due to a family situation temporarily. If they do not have it, they will be denied entry upon return, consequently affecting their trajectory as an immigrant.

Eligibility for Advance Parole

Not all non-citizens of the United States are eligible for the benefit of early parole. USCIS has very well-defined profiles that can request advance parole to guarantee the prioritization of legal immigration procedures within the country.

Adjustment of Status Applicants

When a non-citizen of the United States applies for a Green Card, they are placed in a condition known as “adjustment of status.” As previously indicated, during this process, it is best to stay in the country to maintain the application and consistency in the requirements.

However, in a case of dire necessity, those awaiting adjustment of status may apply for early parole. With it, they could travel outside the US temporarily without abandoning their pending I-589 application.

Asylum seekers

On the other hand, asylum seekers can also apply for early parole with probabilities of eligibility. But here, it must be taken into account that traveling back to the country from which you fled due to persecution could be incongruous in the eyes of the authorities, and in the same way if you travel with that country’s passport.

TPS recipients

There is also another condition known as Temporary Protected Status (TPS) that is granted to people who cannot return safely to their country of origin. As such, it is a temporary benefit that is not part of the path to applying for lawful permanent residence. It does not even apply as immigration status, as indicated by USCIS on its website. Still, even so, it is not a limitation to access any other immigration benefit or protection for which one is eligible.

Based on this, we highlight that TPS beneficiaries can also opt for early parole to travel abroad and legally return to the US. Its approval would not imply breaking the essential requirement for this status, which is continuous physical presence within the country.

DACA recipients

Deferred Action for Childhood Arrivals (DACA) also comes into play when granting early parole. Many people came to the US as children, and their families probably did not comply with typical legalization procedures. This program exists to avoid your deportation and obtain work permits for two years with the possibility of renewal.

DACA recipients may also apply for early parole under very limited criteria: the trip is for educational, employment, or humanitarian purposes. Educational purposes include semester-long study abroad programs or participation in academic-level research.

Among the labor ones are obtaining a job abroad, participating in international quality conferences, obtaining specific training or meetings with clients abroad, including attending interviews.

Among the humanitarians, there are mobilizations to receive medical treatment, visit a sick relative or attend the funeral of a close relative.

Other reasons

There are also other classifications apart from those discussed, although a little less common. We may mention recipients of humanitarian parole under INA § 212(d)(5). In this case, applicants would need to demonstrate that their travel is due to urgent humanitarian action or that it will provide a significant public benefit immediately or at a later date.

There are certain exceptions for nonimmigrants who have indicated that they have been granted advance parole to travel abroad temporarily. This was observed mainly in previous governments, such as that of Barack Obama, but later it was once again governed by the profiles described.

Early parole is not a guarantee of a return

It is important to note that although the approval of this travel document is an excellent sign for someone who needs to travel abroad soon, it is not a guarantee of a return. Border officials could still deny or delay entry into the country even with advance parole.

Although rare, it is something worth considering for those adjusting status. The important thing is to present it always in force, which goes a lot with the planning and duration of the trip.

When is advance parole not approved?

Although there are several situations in which you could apply for early parole, this is not always a guarantee of approval. In fact, on its website, USCIS presents some of the common reasons why this option is declined.

Among them, that the applicant is in deportation proceedings, for example, or if they have remained in the US without a valid immigration status. Neither if they are a foreigner in an exchange process who needs a foreign residence nor if the applicant is the beneficiary of a private invoice.

Hence the importance of always acting according to local and/or national legislation. But to do so, the advice of a specialist in the area is often necessary. It is a fact that the legal universe is so vast that it is challenging to know every detail.

For these and many other cases, Kannan Law continues to make its legal advisory services available for immigration in San Diego, California. The request for early parole deserves a thorough evaluation to determine whether the requirements are met and if it is convenient for the right person. Do you have doubts about it? Click here and contact our team.