Yes, advance parole is still available for eligible noncitizens in the United States, allowing them to travel abroad and return legally without jeopardizing their immigration status. U.S. Citizenship and Immigration Services (USCIS) continues to process and issue advance parole documents. If you have a pending Form I-131, Application for Travel Document, you do not need to file a new application. USCIS is also continuing to issue advance parole documents to noncitizens with pending initial applications for Temporary Protected Status (TPS) (Form I-821).
What is Advance Parole?
Advance Parole is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that allows certain noncitizens to depart from the U.S. and return legally without abandoning their application for adjustment of status (green card) or other immigration benefits. It essentially grants permission to re-enter the U.S. after temporary travel abroad. Without advance parole, leaving the U.S. could lead to the denial of a pending green card application or other immigration benefits.
Who is Eligible for Advance Parole?
Eligibility for advance parole typically depends on your current immigration status and the benefit you are seeking. Common categories of individuals who may apply for advance parole include:
- Applicants for Adjustment of Status (Form I-485): Individuals who have a pending application for a green card.
- Recipients of Deferred Action for Childhood Arrivals (DACA): DACA recipients can apply for advance parole for educational, employment, or humanitarian reasons.
- Applicants for Temporary Protected Status (TPS): Individuals who have pending initial applications for TPS, or who have already been granted TPS, may be eligible.
- Asylum Seekers: Individuals with pending asylum applications.
- U and T Visa Applicants: Victims of certain crimes or trafficking.
It is crucial to consult with an immigration attorney or a reputable legal service provider to determine specific eligibility, as rules can change and individual circumstances vary.
How to Apply for Advance Parole
To apply for advance Parole, eligible individuals must file Form I-131, Application for Travel Document, with USCIS. The application process generally involves:
- Completing Form I-131: Accurately filling out all sections of the form.
- Submitting Required Documents: This includes identification, evidence of your underlying immigration application, photos, and any supporting documentation for your travel purpose.
- Paying the Filing Fee: Unless you are eligible for a fee waiver, a filing fee is required. Check the official USCIS website for current fees.
- Attending a Biometrics Appointment: In most cases, applicants will be required to attend an appointment at an Application Support Center (ASC) to provide fingerprints, photos, and a signature.
For detailed instructions and the most current requirements, always refer to the official USCUS website: Form I-131, Application for Travel Document.
Important Considerations Before Travel
While advance parole allows for legal re-entry, it's essential to understand its limitations and potential risks:
- No Guarantee of Re-entry: An advance parole document does not guarantee re-entry into the United States. U.S. Customs and Border Protection (CBP) officers at the port of entry retain the final authority to admit or deny entry.
- Avoid Travel if Certain Issues Exist: If you have prior immigration violations, criminal convictions, or other inadmissibility issues, traveling abroad, even with advance parole, could lead to denial of re-entry.
- Processing Times: Advance parole applications can take several months to process. Plan your travel well in advance and do not depart the U.S. until your advance parole document has been approved and received.
- Impact on Other Applications: Leaving the U.S. before receiving advance parole can lead to the abandonment of your pending adjustment of status application.
- DACA Recipients: DACA recipients should be particularly cautious. Travel on advance parole under DACA is typically limited to specific humanitarian, educational, or employment reasons. Unauthorized travel could put your DACA status at risk.
Before making any travel plans, it is highly recommended to consult an immigration attorney to assess your individual situation and ensure your trip does not negatively impact your immigration status.
