Advance Parole is permission granted to qualified foreign nationals to allow them to re-enter the United States after temporarily traveling abroad.
Individuals who are not U.S. citizens, do not have valid immigrant visas, and have pending applications for certain immigration benefits are required to apply for a travel document and be approved for Advance Parole prior to leaving the United States in order to avoid termination of their pending applications.
To determine if you should apply for Advance Parole, see Who May File Form I-131? section on Form I-131 (Application for Travel Document).
What is Form I-131 used for?
Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:
- Advance Parole
- Refugee Travel Document
- Re-Entry Permit
For more information on how to apply for any of these travel documents, follow the link to the document Form I-131 (Application for Travel Document).
Advance Parole
Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.
An advance parole document does not replace your passport.
Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.
Advance Parole for Asylees
An asylum applicant who has a pending Form I-589, Application for Asylum and for Withholding of Removal, and has not received a final decision may be allowed to travel outside the United States.
If you are an asylum applicant and you intend to travel outside the United States and return you must apply for and receive advance parole. If you leave the United States without first obtaining advance parole, we will presume you abandoned your asylum application.
Advance parole does not guarantee that you will be allowed to reenter the United States, rather, an immigration inspector from U.S. Customs and Border Protection (CBP) must inspect you and determine whether you will be allowed to reenter the United States.
Refugee Travel Document
A refugee travel document is issued to a person who has been granted refugee or asylum status, or to a permanent resident who obtained a green card because they were a refugee or asylee.
If you hold refugee or asylee status and are not a permanent resident, you must have a refugee travel document to return to the United States.
Derivative asylees and refugees must also obtain a refugee travel document before leaving the United States.
If you do not obtain a refugee travel document in advance of departure, you may be unable to re-enter the United States, or you may be placed in removal proceedings before an immigration judge.
Re-entry Permit
A re-entry permit allows a permanent resident or conditional resident to apply for admission to the U.S. upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate. Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more.
If you are not a United States citizen and have to travel outside the U.S., read the article on Emergency Travel to find out what steps you have to take to file the correct forms to re-enter the U.S.
This information is brought to you by the New Jersey Immigration Attorneys at Garces & Grabler, P.C.
