Understanding Advance Parole: A Comprehensive Guide

For many immigrants in the United States, traveling abroad can be a tricky endeavor, especially for those waiting for legal status to be finalized. In such cases, "Advance Parole" is a crucial option that allows certain individuals to temporarily leave the U.S. and return without jeopardizing their immigration status. This blog will explore what Advance Parole is, who can benefit from it, the risks involved, and typical processing times.

What is Advance Parole?

Advance Parole is a document issued by U.S. Citizenship and Immigration Services (USCIS) that allows certain non-citizens to re-enter the U.S. after traveling abroad without abandoning their pending immigration process. It is not a visa or a guarantee of admission, but rather a pre-approval to request re-entry into the U.S. Applicants apply for Advance Parole by filing Form I-131 with USCIS.

This document is especially vital for those in the midst of an immigration process who need to travel for humanitarian, educational, or employment reasons, or those who cannot leave the U.S. without risking their pending USCIS application being deemed abandoned.

Who Can Benefit from Advance Parole?

Several classes of individuals can apply for Advance Parole, particularly those in special immigration statuses or in the midst of immigration processes:

Adjustment of Status Applicants

Individuals applying for Adjustment of Status (AOS) to obtain a green card are typically required to stay in the U.S. while their applications are pending. Leaving the country without Advance Parole could result in USCIS deeming their application abandoned. With Advance Parole, AOS applicants can travel abroad without losing their status. It's often granted when an applicant submits Form I-131 alongside the I-485 application (green card application).

Generally, an applicant seeking advance parole based on a pending adjustment of status application does not require a humanitarian or other “urgent” basis. The right to travel is granted as a benefit of the pending green card application.

It is important to note that if the individual is seeking adjustment of status based on Section 245(i), or otherwise has a questionable manner of entry, USCIS will normally deny the I-131 application until USCIS further investigates the case.

Deferred Action for Childhood Arrivals (DACA) Recipients

Individuals protected under DACA are also eligible for Advance Parole. Travel is usually permitted for educational, employment, or humanitarian purposes, such as studying abroad, attending work-related conferences, or visiting a sick relative. DACA recipients must apply for Advance Parole before leaving the U.S. to avoid losing their deferred action status.

It is important to note that obtaining Advance Parole based on DACA can frequently change. For example, during the 2017 Trump Administration, advance parole was not being issued for DACA recipients. Therefore, it is important to coordinate with an immigration lawyer to determine your eligibility for advance parole.

When applying for Advance Parole, DACA recipients must specify the purpose of their travel, which is limited to educational, employment, or humanitarian reasons. Here are some common examples for each category:

1. Educational Purposes

• Study Abroad Programs: Many DACA recipients pursue Advance Parole to participate in university or college-sponsored study abroad programs. These programs allow students to take courses or conduct research in foreign countries, gaining academic credits or fulfilling degree requirements.
• Academic Research: Students may need to travel for research purposes, such as conducting fieldwork, attending academic conferences, or working on international projects that are integral to their education.
• Language Immersion Programs: Some students pursue language studies in foreign countries as part of their academic curriculum, often to fulfill requirements for majors such as foreign languages, international relations, or linguistics.

2. Employment Purposes

• International Conferences or Trainings: DACA recipients may attend work-related conferences, seminars, or professional training programs held outside the U.S. This can include industry-specific events, corporate training, or leadership development programs.
• Overseas Assignments or Business Meetings: Employees may be sent on short-term overseas assignments or business meetings as part of their job responsibilities. Advance Parole allows them to travel for such employment-related purposes without losing their DACA status.
• Volunteer or Charitable Work: Some DACA recipients travel to perform volunteer work related to their career, such as participating in humanitarian relief efforts or other professional volunteer opportunities.

3. Humanitarian Purposes

• Visiting a Sick or Dying Relative: One of the most common humanitarian reasons for Advance Parole is to visit a close relative (such as a parent, grandparent, or sibling) who is seriously ill, hospitalized, or near death. Proof of the relative’s condition, such as medical documentation, is usually required.
• Attending a Funeral: DACA recipients may request Advance Parole to attend the funeral of a close family member abroad. They will need to provide evidence, such as a death certificate or funeral service information. Advance parole can be used to visit the graves of family members who have passed away, and to participate in the family’s grieving process.
• Medical Treatment: Advance Parole may be granted to DACA recipients who need to travel abroad to receive specialized medical treatment not available in the U.S. This requires documentation from healthcare providers explaining why the treatment is necessary and why it cannot be done in the U.S. Many applicants have been able to obtain Advance Parole for non-specialized treatment, such as visiting the dentist or other medical doctor, by explaining why that treatment is unavailable to you in the US, such as financial constraints.
• Assisting a Family Member in Crisis: There are instances where DACA recipients may need to travel abroad to provide personal care or assistance to a family member in distress, such as helping during a family emergency or taking care of a relative during recovery from surgery.
• Other Humanitarian Reasons: Advance Parole based on DACA can be granted broadly for any humanitarian purpose, and many individuals have been able to use Advance Parole on this basis, as long as the purpose of the trip does not sound like a vacation.

Temporary Protected Status (TPS) Holders

TPS provides temporary protection to individuals from specific countries experiencing ongoing armed conflict, environmental disasters, or extraordinary conditions. TPS holders may use Advance Parole to travel for humanitarian purposes or other approved reasons, allowing them to return to the U.S. while maintaining their protected status.

Generally, if you have TPS you can apply for Advance Parole either your application for TPS or after your TPS has been approved. Although you are able to visit the country you are originally from and for which TPS has been granted, you should carefully consider doing so by discussing this with your immigration attorney. If you have applied for TPS and asylum, it may be better to not visit the country where you claim you will face persecution.

4. Asylum Seekers with Pending Applications

While asylum seekers are generally advised to stay in the U.S. until their case is resolved, some may need to travel abroad for urgent reasons. Advance Parole can be used by individuals with pending asylum applications to leave the country and return without their application being deemed abandoned. However, traveling to the country from which they are seeking asylum can raise concerns and affect their asylum claim.

It is important to note that although asylum seekers may apply for advance parole, many report very long waiting times for the applications to be adjudicated. In addition, unlike Advance Parole based on TPS or Adjustment of Status, you will need to provide compelling evidence of an urgent need to travel related to humanitarian reasons. Merely missing your family and wanting to visit them is not an urgent need to travel, unless this can be coupled with a medical emergency.

Supporting Documentation

For each type of purpose, applicants must provide relevant documentation, such as:

• For educational purposes: Enrollment letters, program acceptance letters, or proof of academic credit.
• For employment purposes: A letter from the employer or organization outlining the purpose of the trip, dates, and the applicant's role.
• For humanitarian purposes: Medical records, death certificates, or any other documentation proving the emergency or urgent need.

It is important to note that those seeking Advance Parole based on adjustment of status or TPS are not required to provide any proof or basis for the need to travel.

Risks of Traveling with Advance Parole

While Advance Parole is an essential tool for those who need to travel, it is not without risks.

Possession of an Advance Parole document does not guarantee re-entry into the U.S. Upon return, travelers must still be inspected by a U.S. Customs and Border Protection (CBP) officer, who has the discretion to deny entry if they believe the individual is inadmissible for any reason. The decision to travel based on Advance Parole should be discussed with your attorney, and only after he or she gives you the green light, should you consider traveling. Generally speaking, if you have no criminal convictions, traveling on Advance Parole poses very few risks.

Using Advance Parole to Gain a Lawful Entry

Advance Parole can serve as a crucial tool for individuals who entered the U.S. without inspection or lawful admission and are seeking a pathway to legalize their status. By obtaining Advance Parole, some immigrants can leave the U.S. and re-enter lawfully, which may be vital for those seeking adjustment of status (green card) and other immigration benefits.

What is Lawful Entry, and Why is it Important?

Under U.S. immigration law, individuals seeking to adjust their status to become lawful permanent residents (green card holders) generally need to demonstrate that they entered the U.S. lawfully. Under section 245(a), the individual must be admitted and inspected, or paroled. This means that they were inspected by a CBP officer and admitted or paroled into the U.S. at a port of entry.

For many individuals, particularly those who entered the U.S. without inspection (commonly referred to as “EWI” or "entered without inspection"), this requirement can be a barrier to obtaining a green card through adjustment of status. In these cases, Advance Parole offers a unique opportunity.

How Advance Parole Creates a Lawful Entry

Advance Parole is not the same as a traditional visa or admission, but when someone re-enters the U.S. with an Advance Parole document, they are "paroled" into the country. Parole is considered a lawful entry, as it involves an inspection and authorization by immigration officials at a U.S. port of entry.

For individuals who previously entered the U.S. without inspection, leaving the country on Advance Parole and returning allows them to enter lawfully. This can be a crucial step for:

1. DACA Recipients: DACA beneficiaries who entered the U.S. without inspection may apply for Advance Parole and, upon their return, be considered paroled into the country. After gaining this lawful entry, they may become eligible to adjust their status if they have an immediate U.S. citizen relative (such as a spouse or child) who can sponsor them for a green card.
2. Temporary Protected Status (TPS) Holders: Some TPS recipients, who may have entered the U.S. unlawfully, can also benefit from Advance Parole to gain a lawful entry. Like DACA recipients, after re-entering the U.S. on Advance Parole, they may qualify to adjust their status through family-based or employment-based sponsorship.

Key Example: DACA Recipients Using Advance Parole for Lawful Entry

Many DACA recipients entered the U.S. without inspection, which typically makes them ineligible for adjustment of status. However, through the use of Advance Parole, they can leave the U.S. for an eligible reason (e.g., humanitarian, educational, or employment) and return with lawful status.

For instance:

• Maria, a DACA recipient, entered the U.S. as a child without inspection. She later married a U.S. citizen, but her entry without inspection made her ineligible to adjust status through marriage. Maria applies for Advance Parole to visit a sick relative abroad (humanitarian reason). Upon her return to the U.S. with Advance Parole, she is inspected and paroled into the U.S. This lawful entry allows her to adjust status through her U.S. citizen spouse and apply for a green card.

Who Should Consider Using Advance Parole for Lawful Entry?

This strategy is most beneficial for:

• DACA recipients and TPS holders who entered the U.S. unlawfully and have family-based or employment-based sponsorship opportunities.
• Individuals who have a clear path to adjust status through an immediate relative (such as a U.S. citizen spouse or child).

However, it’s crucial to consult with an immigration attorney before applying for Advance Parole or making travel plans, especially if the individual has accrued unlawful presence or has other complicating factors in their immigration history, such as criminal history, prior border apprehensions or immigration court.

Advance Parole can provide a critical pathway for individuals who entered the U.S. without inspection to gain lawful entry, enabling them to adjust their status and secure permanent residency. While it is a valuable tool, it comes with risks. As with all immigration matters, careful planning and legal guidance are essential for a successful outcome.

Unlawful Presence Bars and its application to Advance Parole

The Matter of Arrabally and Yerrabelly (2012) is a key case in U.S. immigration law that clarified the impact of travel on Advance Parole, specifically regarding inadmissibility bars related to unlawful presence.

In this case, Mr. and Mrs. Arrabally, both Indian nationals, had accrued more than 180 days of unlawful presence in the U.S. after overstaying their visas. They applied for adjustment of status to become lawful permanent residents but needed to travel abroad for personal reasons. They obtained Advance Parole from USCIS, allowing them to leave and return without abandoning their pending applications. Upon their return, USCIS denied their green card applications, citing the 3-year and 10-year inadmissibility bars triggered by unlawful presence and departure from the U.S.

However, the Board of Immigration Appeals (BIA) ruled that travel on Advance Parole is not considered a "departure" for purposes of triggering the inadmissibility bars under INA § 212(a)(9)(B)(i)(I) and (II). The BIA reasoned that when an individual departs the U.S. on Advance Parole, the departure is not unauthorized, and USCIS has already granted permission for the individual to return. As a result, their departure on Advance Parole did not trigger the 3-year or 10-year bars for unlawful presence, and they were allowed to continue their adjustment of status process.

The Matter of Arrabally ruling established that leaving the U.S. on Advance Parole does not trigger the inadmissibility bars related to unlawful presence, offering significant protection for individuals with pending immigration applications who need to travel. This case is particularly important for individuals such as DACA recipients and Adjustment of Status applicants, as it allows them to travel internationally without fear of being barred from re-entering the U.S. due to past unlawful presence.

Individuals with Prior Removal Orders

If you have a prior removal order, it is important to discuss your case with an immigration attorney before applying for Advance Parole. In some scenarios, such as when the individual has TPS or DACA, traveling on Advance Parole is still possible.

In some circumstances, it may be beneficial to do so because re-entering the United States through Advance Parole renders the individual an “arriving alien” and thereby shifts jurisdiction from immigration court to USCIS, thereby creating a pathway to circumvent your removal order and obtain permanent residency. These are complicated legal maneuvers, which require a skilled immigration attorney.

Typical Processing Times for Advance Parole

Processing times for Advance Parole vary depending on the applicant's specific situation and the USCIS service center handling the case. However, general processing times for Advance Parole applications are as follows:

• Adjustment of Status Applicants: Processing usually takes 6 to 10 months, although delays can occur, especially during periods of high application volume.
• DACA Recipients: DACA-related Advance Parole processing may take 5 to 12 months.
• TPS Holders and Asylum Seekers: For TPS holders and individuals with pending asylum cases, Advance Parole processing times can range from 12-16 months.

Given these time frames, it is essential to apply for Advance Parole well in advance of any planned travel.

How to Request USCIS Expedite your Advance Parole Request

To request an expedite of your Advance Parole (Form I-131) application with USCIS, you need to provide a solid reason why your request should be prioritized over others. USCIS may approve expedite requests based on specific criteria.

1. Meet USCIS Expedite Criteria

USCIS allows expedite requests for Advance Parole in the following situations:

• Severe financial loss to a company or individual.
• Emergencies (urgent humanitarian reasons).
• Humanitarian reasons (e.g., medical needs, care for an ill relative abroad).
• Nonprofit organization requests that are cultural or social in nature.
• USCIS error (for example, a mistake made by USCIS in processing your application).
• U.S. government interests (e.g., if the U.S. government has an interest in the person’s travel, such as an urgent government mission).

You should ensure your situation fits into one of these categories.

2. Prepare Supporting Documents

You’ll need to provide evidence to support your expedite request. For example:

• If citing a medical emergency, include a doctor’s letter explaining the urgency.
• If financial loss, provide documentation showing the potential loss.
• For government interest, include a letter from the U.S. government agency requesting or supporting the expedite.

3. Contact USCIS

You can contact USCIS at their toll-free number (1-800-375-5283). Be ready with your receipt number and a clear explanation of why you need to expedite your request.

It is important to note that USCIS seldom approves expedite requests unless one or more of the criteria are clearly met. Even when the criteria are met, USCIS still denies expedite requests. Therefore, you should be prepared to file multiple expedite requests until your case is approved.

Final Thoughts

Advance Parole is an indispensable resource for individuals navigating the U.S. immigration system who need to travel abroad temporarily. It allows eligible immigrants to leave and return without jeopardizing their immigration status, but it comes with some risks, especially regarding re-entry and potential legal complications. It is also an important tool for those who initially entered the United States without inspection, providing a pathway to permanent residency.