Immigration

Advance parole is a crucial tool for individuals navigating the complexities of U.S. immigration law. It grants permission to travel outside the United States and return, providing a lifeline for those seeking to reunite with family, pursue educational or employment opportunities, or simply experience the world. This guide delves into the intricacies of advance parole, exploring its purpose, application process, and potential challenges during travel.

From understanding the different types of advance parole available to navigating the re-entry process, we aim to provide comprehensive insights that empower individuals to make informed decisions about their travel plans. Whether you are a green card holder, an asylum seeker, or a recipient of Temporary Protected Status, understanding the nuances of advance parole is essential for a smooth and successful journey.

Understanding Advance Parole

Advance parole is a travel document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows certain individuals to travel outside the United States and return without jeopardizing their immigration status. It’s a crucial tool for immigrants who need to travel abroad while their immigration case is pending.

Types of Advance Parole

Advance parole is available for different categories of individuals, each with its own eligibility requirements. Here’s a breakdown of the most common types:

• Advance Parole for Family-Based Petitions: This is granted to individuals who have a pending family-based green card application. The applicant must be in the United States and meet certain eligibility criteria, such as having a qualifying relative who is a U.S. citizen or lawful permanent resident.
• Advance Parole for Employment-Based Petitions: Individuals with pending employment-based green card applications can apply for advance parole if they meet the specific requirements for their employment category.
• Advance Parole for Asylees and Refugees: Asylees and refugees who have been granted asylum or refugee status can apply for advance parole to travel outside the United States for a limited period.
• Advance Parole for Victims of Trafficking: Victims of human trafficking may be eligible for advance parole if they have been granted a T visa or have a pending T visa application.
• Advance Parole for U Nonimmigrant Status: Individuals with U nonimmigrant status, granted to victims of certain crimes who cooperate with law enforcement, can apply for advance parole.

Real-World Examples of Advance Parole Use

Advance parole is a valuable tool for individuals who need to travel for various reasons, such as:

• Attending a Family Funeral: An individual with a pending green card application may need to travel abroad to attend a family funeral. Advance parole allows them to travel without jeopardizing their immigration status.
• Visiting a Sick Relative: An individual may need to travel to visit a sick relative abroad. Advance parole can be used to facilitate this travel without fear of being denied re-entry.
• Medical Treatment: An individual may need to travel abroad for specialized medical treatment. Advance parole can be used to ensure they can return to the United States after receiving the necessary care.
• Business Travel: Individuals with pending employment-based green card applications may need to travel abroad for business purposes. Advance parole can be used to facilitate such travel.

Applying for Advance Parole

Advance parole is a document that allows you to travel to the United States while your immigration case is pending. It is a valuable tool for people who need to travel abroad for family emergencies, business opportunities, or other important reasons. This document essentially grants permission to re-enter the United States after a temporary absence.

The Steps Involved in Applying for Advance Parole

To apply for advance parole, you must submit a completed application form (Form I-131), along with supporting documentation, to the United States Citizenship and Immigration Services (USCIS).

• Step 1: Complete the Application Form
  You will need to complete Form I-131, Application for Travel Document, which you can download from the USCIS website. Make sure to fill out the form accurately and completely, and sign it in the designated space.
• Step 2: Gather Supporting Documentation
  The specific documents you need to submit will depend on your individual circumstances, but generally, you will need to provide:
  • Proof of your identity, such as a passport or driver’s license.
  • Proof of your lawful status in the United States, such as a green card or visa.
  • Evidence of the reason for your travel, such as an invitation letter, airline tickets, or a doctor’s note.
  • A copy of your immigration case file, if applicable.
  • A completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if you are represented by an attorney or accredited representative.
  • A fee payment.
• Step 3: Submit Your ApplicationOnce you have completed the application form and gathered all the required documentation, you can submit your application to USCIS. You can submit your application online, by mail, or in person at a USCIS Application Support Center.
• Step 4: Wait for a DecisionUSCIS will review your application and make a decision. If your application is approved, you will receive an advance parole document in the mail. If your application is denied, you will receive a denial letter explaining the reasons for the denial.

Documentation Requirements for Advance Parole

• Proof of Identity: You must provide evidence of your identity, such as a valid passport, driver’s license, or government-issued identification card. The document must include your name, photograph, and date of birth.
• Proof of Lawful Status: You must provide proof of your lawful status in the United States. This could include a green card, visa, or other immigration document that allows you to reside in the United States.
• Evidence of Travel Purpose: You must provide evidence of the reason for your travel. This could include an invitation letter, airline tickets, a doctor’s note, or other relevant documentation. For example, if you are traveling for a family emergency, you would need to provide documentation from the hospital or a family member confirming the emergency.
• Immigration Case File: If you have an ongoing immigration case, you must submit a copy of your case file. This will include any documents you have already submitted to USCIS, such as your application for asylum or adjustment of status.
• Form G-28: If you are represented by an attorney or accredited representative, you must submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. This form authorizes your representative to act on your behalf in your immigration case.
• Fee Payment: You must submit a fee payment with your application. The fee amount is subject to change, so it is best to check the USCIS website for the most up-to-date information.

Advance Parole Processing Time

The processing time for advance parole applications can vary depending on the individual case and the workload of USCIS. USCIS provides estimated processing times on its website. However, these estimates are just that – estimates. In recent years, USCIS has been experiencing significant backlogs, and processing times have increased.

You should allow at least 6 months for your application to be processed.

It is important to note that if you are traveling for a humanitarian reason, such as a family emergency, you can request expedited processing. This means that your application will be processed more quickly, but it is not guaranteed.

Traveling with Advance Parole

Advance parole is a document that allows lawful permanent residents (LPRs) or certain non-immigrant visa holders to travel outside the United States and re-enter with their existing immigration status. If you are granted advance parole, you can travel outside the United States for a limited time, but you must return to the United States within the validity period of your advance parole document.

Traveling with Advance Parole

Advance parole acts as a temporary travel permit that allows you to travel outside the US and re-enter with your current immigration status. This is essential for individuals who need to travel abroad while their green card or visa application is pending.

Re-entering the United States with Advance Parole

Upon returning to the United States, you will need to present your advance parole document along with your valid passport and any other required documentation to the Customs and Border Protection (CBP) officer at the port of entry. You will be asked questions about your travel and may be required to provide additional documentation.

Potential Challenges When Traveling with Advance Parole

• Denial of Entry: While advance parole grants you permission to travel, CBP officers have the authority to deny your entry if they believe you no longer meet the requirements for your immigration status.
• Delays at the Port of Entry: Processing times for advance parole holders can vary, and you may experience longer wait times at the port of entry.
• Loss or Damage of Documents: It is crucial to keep your advance parole document, passport, and other travel documents safe. If any of these documents are lost or damaged, it could significantly complicate your re-entry.
• Changes in Immigration Status: If your immigration status changes while you are traveling, you may not be allowed to re-enter the United States with advance parole.
• Travel Restrictions: Advance parole may not be valid for all countries. You should research travel restrictions and requirements for your destination country before traveling.

Travel Hotels

Traveling with advance parole can be a great experience, but it’s important to choose the right hotel to ensure a comfortable and safe stay. Different types of hotels cater to different needs and budgets, so it’s crucial to consider your individual requirements.

Types of Hotels

When choosing a hotel, travelers with advance parole should consider the following types:

• Budget Hotels: These hotels offer basic amenities at affordable prices. They are often located in convenient areas and are suitable for travelers on a tight budget. Examples include Motel 6, Super 8, and Days Inn.
• Mid-Range Hotels: These hotels offer a wider range of amenities and services, including swimming pools, fitness centers, and restaurants. They are often located in more desirable areas and are suitable for travelers seeking a comfortable and convenient stay. Examples include Holiday Inn, Best Western, and Hampton Inn.
• Luxury Hotels: These hotels offer exceptional amenities and services, including personalized concierge services, spa treatments, and fine dining. They are often located in prime locations and are suitable for travelers seeking a luxurious experience. Examples include The Ritz-Carlton, Four Seasons, and Mandarin Oriental.

Important Features and Amenities

Travelers with advance parole should prioritize hotels with the following features and amenities:

• Secure Location: Choose a hotel in a safe and well-lit area with easy access to transportation. It’s also advisable to choose a hotel with security measures in place, such as security cameras and security personnel.
• Cleanliness and Hygiene: Travelers with advance parole should prioritize hotels that are clean and hygienic. This is especially important during the COVID-19 pandemic. Look for hotels that have implemented enhanced cleaning protocols.
• Accessible Amenities: If you have any disabilities or mobility issues, choose a hotel with accessible amenities, such as ramps, elevators, and wheelchair-accessible rooms.
• Internet Access: Reliable internet access is essential for staying connected with family and friends and for managing travel arrangements. Ensure the hotel offers high-speed internet access in all areas.
• Friendly and Helpful Staff: Travelers with advance parole may have specific questions or concerns, so it’s important to choose a hotel with friendly and helpful staff who are willing to assist. Look for hotels with staff who are fluent in English and who have experience working with travelers from different backgrounds.

Finding and Booking Hotels

Here are some tips for finding and booking hotels that are convenient and safe for travelers with advance parole:

• Use Online Travel Agencies: Online travel agencies like Expedia, Booking.com, and Kayak offer a wide selection of hotels at competitive prices. You can use filters to narrow down your search based on location, budget, amenities, and reviews.
• Read Reviews: Before booking a hotel, read reviews from other travelers to get an idea of the hotel’s overall quality and customer service. Pay attention to reviews from travelers with advance parole, as they may have insights that are relevant to your situation.
• Contact the Hotel Directly: Once you have identified a few hotels that meet your needs, contact the hotel directly to ask any questions you may have. This will give you a better understanding of the hotel’s policies and procedures and ensure that the hotel is suitable for your needs.
• Consider Hotel Security Measures: When booking a hotel, inquire about the hotel’s security measures, such as security cameras, security personnel, and key card access. This will help ensure your safety and security during your stay.

Traveling on advance parole can be a rewarding experience, allowing individuals to connect with loved ones, explore new horizons, and return to the United States with their legal status intact. By understanding the requirements, procedures, and potential challenges, you can confidently navigate the process and embark on your international adventure with peace of mind. Remember to thoroughly research and plan your trip, ensuring you have all the necessary documentation and adhere to the guidelines Artikeld by U.S.

Customs and Border Protection.

Key Questions Answered

What is the difference between advance parole and a visa?

Advance parole is a document that allows lawful permanent residents (green card holders) and certain other individuals to travel outside the United States and return without jeopardizing their immigration status. A visa, on the other hand, is a document that allows foreign nationals to enter the United States for a specific purpose, such as tourism, work, or study.

Can I apply for advance parole if I have a pending immigration case?

Yes, you can apply for advance parole if you have a pending immigration case, but you must meet certain eligibility requirements and provide supporting documentation. It is important to consult with an immigration attorney to determine if you qualify.

How long does it take to process an advance parole application?

The processing time for advance parole applications can vary depending on the individual case and the current workload of the U.S. Citizenship and Immigration Services (USCIS). It is generally recommended to apply at least 6 months before your intended travel date.

What happens if my advance parole is denied?

If your advance parole application is denied, you will receive a notice of denial from USCIS. You can appeal the decision within 33 days of the date of the notice. It is important to consult with an immigration attorney to discuss your options.

What should I do if I am stopped at the border with advance parole?

If you are stopped at the border with advance parole, be polite and cooperative with the border officials. Present your advance parole document, along with any other relevant documentation, such as your passport and green card. If you are asked any questions, answer truthfully and avoid making any false statements.