Immigration laws in the United States can be complex, especially when it comes to traveling outside of the country while certain applications are still pending. Advance parole can offer immigrants the opportunity to temporarily leave the country without scrapping their application, but it is crucial that you understand the legal requirements and when you need this document. To learn more about your legal rights and obligations while awaiting certain status changes, reach out to an experienced travel documents immigration lawyer in NYC for skillful representation and advice.
What is Advance Parole?
Advance parole is a travel document that can be issued by the USCIS (United States Citizenship and Immigration Services). It allows individuals who are in the United States temporarily or who are in the process of adjusting their immigration status to leave and re-enter the country without jeopardizing their application or status.
Oftentimes, foreign individuals who are in the process of adjusting their status or applying for an immigrant visa leave the country to travel, visit home, or for another reason, and return only to find that they are inadmissible. Advance Parole acts like a permission slip from the USCIS allowing you to travel abroad even though your immigration case is still in progress.
When Do I Need Advance Parole?
If you are a foreign national with a pending application for certain immigration benefits, you need Advance Parole. If any of the following applies to your situation, you likely require this document to leave and re-enter the United States.
- You are not a U.S. citizen
- Your green card application is pending
- Your refugee or asylum application is pending
If you are not a citizen and your status is pending or in question, you likely need Advance Parole. It is wise to consult with an immigration attorney before traveling to ensure you are following proper procedures.
How Can I File for Advance Parole?
Fortunately, the application process is not complex, though it can be time-consuming. To file for Advance Parole, complete and submit Form I-131, the Application for Travel Documents, Parole Documents, and Arrival/Departure Records. Include a copy of all relevant documents demonstrating your current legal status in the United States and evidence proving the circumstances that warrant permission to leave and re-enter the country.
It could take anywhere from a month or two to over a year to process Advance Parole. Processing time will vary depending on the applicant’s location, reason for travel, and complexity of the situation. The USCIS can expedite applications in some cases, so if there is an emergency situation that requires you to leave the country you can request your application to be fast-tracked.
If you have questions about your immigration status, reach out to a skilled attorney for assistance and legal advice.
