Embarking on international travel while an immigration application is pending can pose significant challenges for individuals seeking to adjust their status in the United States. However, with Advance Parole, also known as Form I-131 Application for Travel Document, foreign nationals can seek permission to re-enter the country after temporary international travel without jeopardizing their immigration status.
This article delves into the crucial concept of Advance Parole and provides essential information on the I-131 Application process. Understanding the significance of Advance Parole and successfully navigating the I-131 Application is paramount for individuals traversing the intricate landscape of U.S. immigration. This knowledge ensures they can travel internationally with peace of mind while their immigration status remains secure.
What Is a Travel Permit?
A U.S. travel permit, also known as a travel document, is a form of authorization issued by the United States government that allows individuals to travel internationally while their immigration status is pending or uncertain. This document is typically obtained by individuals adjusting their status to lawful permanent resident (green card holder) or who have certain other immigration statuses and must travel temporarily outside the United States.
The most common type of U.S. travel permit is the Advance Parole document, which is applied for using Form I-131, Application for Travel Document. Advance Parole allows individuals to leave the United States temporarily for reasons such as work, education, humanitarian reasons, or personal emergencies, with the assurance that they will be permitted to re-enter the country upon their return. It is important to note that Advance Parole does not guarantee re-entry into the United States and is subject to approval by U.S. Citizenship and Immigration Services (USCIS).
In addition to Advance Parole, specific individuals may be eligible for other types of travel permits, such as Refugee Travel Documents or Reentry Permits. These documents serve specific purposes and are issued to individuals with corresponding immigration statuses or circumstances. Overall, U.S. travel permits provide temporary authorization for international travel while individuals navigate the complexities of the U.S. immigration process.
Important Information About Advance Parole
Advance Parole is a travel document issued by the United States Citizenship and Immigration Services (USCIS) that allows certain immigrants to temporarily leave the United States and return without jeopardizing their pending immigration status.
- Immigrants who are in the process of adjusting their status to lawful permanent resident (green card holder) and have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, may apply for Advance Parole.
- Advance Parole allows immigrants to travel internationally for purposes such as educational, employment, humanitarian, or personal reasons while their adjustment of status application is pending.
It’s important to note that without the protection of Advance Parole, immigrants with pending Form I-485 applications who depart the United States may be deemed to have abandoned their applications. This could lead to the denial of their green card applications upon their return, highlighting the necessity of Advance Parole.
- Immigrants must apply for Advance Parole using Form I-131, Application for Travel Document, and receive approval from USCIS before departing the United States.
- Advance Parole does not guarantee re-entry into the United States and is subject to approval by USCIS and inspection by U.S. Customs and Border Protection (CBP) officers upon return.
How To Obtain an Advance Parole Travel Document
For immigrants in the process of adjusting their status in the United States and in need of a travel document, such as Advance Parole, the following steps can guide them through the application process:
- Complete Form I-131 – Obtain and complete Form I-131, Application for Travel Document, available on the official website of the United States Citizenship and Immigration Services (USCIS).
- Gather Supporting Documents – Gather supporting documents required for the application, which may include a copy of the receipt notice for the pending Form I-485 (Application to Register Permanent Residence or Adjust Status), proof of identity, and any additional documentation requested by USCIS.
- Prepare Form and Supporting Documents – Fill out Form I-131 accurately and completely, ensuring all required fields are filled in and supporting documents are organized and included with the application.
- Pay the Filing Fee – Submit the required filing fee with the application. The fee amount on the USCIS website may vary depending on the applicant’s age and immigration status.
- Submit the Application – Mail the completed Form I-131, along with the supporting documents and filing fee, to the appropriate USCIS address as indicated on the form instructions.
- Wait for USCIS Processing – After USCIS receives the application, it will be processed, and the applicant will receive a receipt notice confirming receipt of the application. USCIS will then review the application and decide whether to approve or deny the request for a travel document.
- Receive Approval Notice – If the application is approved, the applicant will receive an approval notice from USCIS, along with the travel document (e.g., Advance Parole) if requested.
- Travel Using the Document – With the approved travel document, the applicant can travel internationally for the specified purpose(s) indicated. It’s important to carry the travel document and other relevant identification documents while traveling.
- Re-entry to the United States – Upon returning to the United States, the applicant must present the travel document (e.g., Advance Parole) to U.S. Customs and Border Protection (CBP) officers for inspection at the port of entry. It’s crucial to adhere to any conditions or restrictions specified on the travel document and comply with CBP procedures for entry into the United States.
Advance Parole Travel Restrictions
While granting temporary permission for certain immigrants to travel internationally, Advance Parole is subject to certain restrictions and considerations. Here are some common restrictions associated with Advance Parole:
- Purpose of Travel – Advance Parole is typically granted for specific purposes, such as employment, education, humanitarian reasons, or personal emergencies. Immigrants must adhere to the purpose stated in their Advance Parole application and should not engage in activities that are inconsistent with the stated purpose.
- Duration of Travel – Advance Parole documents specify the duration of authorized travel outside of the United States. Immigrants must return to the United States before the expiration date listed on their Advance Parole document. Please return before the expiration date to avoid denial of re-entry.
- Travel Limitations – Advance Parole does not guarantee re-entry into the United States. Immigrants must present their Advance Parole documents to U.S. Customs and Border Protection (CBP) officers upon re-entry and may be subject to inspection and questioning. CBP officers can deny entry based on various factors, including changes in immigration status or eligibility since departure.
- Pending Immigration Applications – Immigrants with pending Form I-485 applications for adjustment of status must obtain Advance Parole before traveling internationally to avoid abandonment of their applications. Departing the United States without Advance Parole may result in the automatic withdrawal or denial of the pending Form I-485 application.
- Employment Authorization – Advance Parole does not authorize employment while traveling outside of the United States. Immigrants with pending Form I-485 applications who plan to work abroad should explore alternative options for employment authorization.
- Country-Specific Considerations – Immigrants should be aware of any travel advisories, visa requirements, or entry restrictions imposed by the countries they plan to visit. Some countries may require additional documentation or visas for entry, which should be obtained in advance of travel.
Immigrants planning to travel using Advance Parole should carefully review the terms and conditions of their travel document and ensure compliance with all restrictions and requirements. It’s advisable to consult with an immigration attorney or accredited representative for guidance on navigating Advance Parole and international travel while adjusting immigration status in the United States.
Advance Parole Explained
In conclusion, Advance Parole serves as a vital lifeline for immigrants navigating the complex landscape of U.S. immigration, providing temporary authorization for international travel while their adjustment of status applications is pending. Understanding the intricacies and restrictions associated with Advance Parole is essential for immigrants seeking to travel internationally without jeopardizing their immigration status.
By adhering to the purpose, duration, and limitations outlined in their Advance Parole documents, immigrants can confidently embark on their journeys, knowing they have obtained the necessary authorization to re-enter the United States upon their return.