You may have just applied for permanent resident status or a nonimmigrant visa and entered the United States. But due to extenuating circumstances, you may find the need to travel abroad to your home country or elsewhere sooner than you expected. Well, before you pack up and go, you must consider advance parole. Essentially, this travel document may make it easier to maintain your pending application and re-enter the country after your trip. With all that being said, please read on to discover whether you need to apply for advance parole before making travel arrangements and how one of the seasoned family based immigration lawyers at Lupton Law LLC can work to ensure you are in line with the terms and conditions of your immigration application.
Who needs to apply for advance parole before traveling abroad?
When you travel back to the United States from another country, an airline or transportation company may require you to present your passport along with an advance parole document. This ensures them that you are authorized to travel to the country. And so, you may need to apply for and subsequently have an advance parole document for traveling abroad if you fall under any of the following statuses:
- You have a pending Form I-485, Application to Register Permanent Residence or to Adjust Status, with the United States Citizenship and Immigration Services (USCIS).
- You have a pending Form I-589, Application for Asylum and for Withholding of Removal, with the USCIS.
- You have been granted temporary protected status or benefits under the Family Unity Program.
- You hold refugee or asylee status and have an emergent or bona fide reason to travel abroad temporarily.
How do I apply for advance parole with the USCIS?
To request advance parole, you must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, with the USCIS. Importantly, you must be granted this travel document before you exit the United States. Understandably, your reason for traveling abroad may be urgent, and you may be unwilling or unable to wait through the USCIS’s lengthy processing time. In a case like this, you should request expedited application processing. With this request, you must supply proof of the emergency circumstances surrounding your travel necessity (i.e., personal medical needs, a sick relative, a family emergency in your home country, etc).
Lastly, we cannot neglect to mention the risks you are taking even if you do get approved for an advance parole. That is, a U.S. Customs and Border Protection officer at a port of entry may have the final say in determining whether or not you may be admitted or paroled into the country. So, you may have trouble getting approved if you violated your immigration status during your previous stay, if you have ever had a removal or deportation order placed against you, if you have committed a criminal offense during your time away, etc.
If you require further clarification on this issue, one of the competent family-based immigration lawyers at Lupton Law LLC is willing to offer it. So please do not hesitate to seek out our services. We look forward to helping you.
