Everything You Need to Know About Traveling with Advance Parole
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By Natalie McQuilkin
If you need to travel abroad but you have a pending immigration status, you’ll want to apply for advance parole – a travel document that allows certain noncitizens to temporarily leave the U.S. and return legally. In today’s post, we’ll break down the basics of advance parole, including who’s eligible and how to apply.
What is Advance Parole?
Advance parole (formally known as Form I-512L) is a document that allows people with certain immigration statuses to travel outside of the United States and re-enter the country without abandoning their pending immigration cases. In certain cases, advance parole permits travel for those who need to leave the country for urgent reasons.
Who Can Apply for Advance Parole?
Noncitizens who can apply for advance parole including the following:
- Those with Temporary Protected Status (TPS)
- Those who have been granted Deferred Action for Childhood Arrivals (DACA)
- Those who have submitted the Form I-485 (Application to Register Permanent Residence or Adjust Status) and are awaiting green card approval
- Those who have applied for asylum
You should know that some noncitizens, such as asylum applicants and recipients of DACA and certain humanitarian visas, need to provide a reason for leaving the United States with advance parole. Let’s break down what this means for each of these immigration statuses.
- If you’re an asylum applicant, you need to provide documentation that there is an urgent need for you to leave the U.S., but it’s generally advised that you do not leave the country or return to your home country, as it could affect your case.
- If you’re a DACA recipient, you need to provide documentation of the reasons for traveling. This can include humanitarian reasons, such as medical treatment, attending a funeral, visiting a sick relative. You can also travel abroad for educational or employment reasons, such as attending school abroad for a semester or traveling abroad for interviews, conferences, etc.
- If you’re a recipient of humanitarian parole, you are only able to leave the country for urgent humanitarian reasons, like mentioned in the previous bullet point.
- If you have a pending green card application or TPS, you generally do not have to provide documentation for your reason to travel abroad.
Because advance parole, in some cases, requires specific explanations and documentation, it’s imperative that you work with a trusted immigration attorney, like our attorneys here at Eagan Immigration, to ensure you have everything USCIS requests to travel outside of the country. Even if your immigration status does not require you to provide a specific reason to travel outside of the United States, discussing your plans with an immigration attorney before traveling outside of the United States is a good idea.
How Do I Apply for Advance Parole?
If you wish to travel outside of the United States with advance parole, you must apply for travel authorization first. You can do that by filing Form I-131 – Application for Travel Documents, Parole Documents, and Arrival/Departure Records, which costs $630. As mentioned in the previous section, you might have to provide documentation for your reason to leave the country. Documentation for these cases can include medical records of a sick loved one, a death certificate, a program acceptance letter, an enrollment letter, or a letter from an employer, just to name a few. Working with an immigration attorney ensures that you have the correct documentation and that your form is filled out correctly, minimizing errors that could prevent you from obtaining your advance parole.
As of December 2024, it’s taking USCIS 12.6 months to process the Form I-131 on average. Because that is a long time to wait, especially if you need to leave the country for urgent reasons, you can submit a request to have your pending application expedited at least 45 days before you intend to leave the country, if possible.
If U.S. Citizenship and Immigration Services (USCIS) approves your Form I-131, they will issue you a Form I-512L, Advance Parole Document (or a Form I-512T if you’re a TPS recipient). This document is important, as it shows that you have the Department of Homeland Security’s permission to travel outside abroad and re-enter the United States without losing your immigration status. If you are applying for advance parole with a pending application to adjust status, many times, this Form I-512L is included as part of your Employment Authorization Document. If this is the case, it will say on the bottom of the card, “Serves as I-512 Advance Parole.” Once you receive your Form I-512L, you’ll need to carry it with you when traveling. You’ll have to present it to board your return flight, or if you’re traveling by car, you’ll have to present it to U.S. Customs and Border Patrol (CBP) officers.
Risks of Traveling with Advance Parole
Although advance parole can reduce your stress while traveling abroad, it is important to note that this travel document does not ensure re-entry into the United States. When you re-enter the United States, a U.S. Customs and Border Patrol (CBP) has the ability to deny your re-entry into the country. There is a chance that he or she could determine that you are inadmissible – especially if you have a previous deportation order that you do not know about. Because of this, you should talk with an immigration attorney to determine if traveling with advance parole would be too risky in regard to your specific case.
Re-entry into the country can be especially risky for certain noncitizens. DACA applicants can face risks while traveling outside of the country because they have previous unlawful presence in the U.S. A CBP officer could deem this unlawful presence as inadmissible and give the DACA recipient a three- or ten-year bar from entering the U.S. If you have multiple previous entries as a DACA recipient, you could even face a permanent bar. The same is true for asylum applicants. These applicants can also be at risk of missing their asylum interview while out of the country. If you’re waiting for your green card to be approved, there is a chance that your green card application could be denied while you’re outside of the country, which leads to your advance parole no longer being valid. Thus, you could be barred from re-entering the country.
Should I Travel Without Advance Parole?
Traveling while undocumented without advance parole is very risky. If you leave the country without advance parole, it could be considered that you abandoned your immigration application, if you have one. You could also face denial of re-entry or even deportation. Moreover, with the looming uncertainty of how the next presidential administration will affect immigration in the United States, it is best to apply for advance parole to avoid these risks.
Next Steps
Advance parole can be a complex process, and the attorneys at Eagan Immigration are here to answer your questions about your eligibility, help you with your applications, and provide guidance about traveling outside of the country. If you’re interested in learning more about advance parole, contact our office at (202) 709-6439 or send us an email at info@eaganimmigration.com.
References
Temporary Protected Status, U.S. Citizenship and Immigration Services, (Oct. 17, 2024), https://www.uscis.gov/humanitarian/temporary-protected-status, (last visited: Nov. 25, 2024).
G-1055, Fee Schedule, U.S. Citizenship and Immigration Services, (Nov. 20, 2024), https://www.uscis.gov/g-1055?form=i-131, (last visited: Nov. 25, 2024).
Chelsea Spinos, I-512 Advance Parole: Everything You Need to Know, Manifest Law, (Sept. 23, 2024), https://manifestlaw.com/blog/i-512-advance-parole/, (last visited: Nov. 25, 2024).
When Is Advance Parole an Option? Catholic Legal Immigration Network, Inc., (Jul. 28, 2021), https://www.cliniclegal.org/resources/parole/advance-parole/when-advance-parole-option, (last visited: Dec. 2, 2024).
Understanding Advance Parole: A Comprehensive Guide, Yekrangi & Associates, (Sept. 18, 2024), https://www.yeklaw.com/blog/2024/september/understanding-advance-parole-a-comprehensive-gui/, (last visited: Dec. 2, 2024).
Processing Times, U.S. Citizenship and Immigration Services, https://egov.uscis.gov/processing-times/, (last visited: Dec. 2, 2024).
Emergency Travel, U.S. Citizenship and Immigration Services, (Oct. 11, 2024), https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel, (last visited: Dec. 2, 2024).
Jonathan Petts, Is It Risky To Travel With Advance Parole? Immigration Help.org, (May 26, 2022), https://www.immigrationhelp.org/learning-center/risks-associated-with-traveling-on-advance-parole, (last visited: Dec. 2, 2024).
Kristina Gasson, Can I Leave the U.S. While My Asylum Case is Pending? NOLO, (May 3, 2024), https://www.nolo.com/legal-encyclopedia/can-i-leave-the-us-while-asylum-case-pending.html, (last visited: Dec. 2, 2024).