Can One Enter the U.S. With an Advance Parole?

Generally, if you are seeking immigrant status like a green card, it is important to have all the documents in order, especially if you are going to travel abroad, before getting the green card on hand. If that is the case, one has to apply for a reentry permit, refugee travel document or advance parole travel document. If the application for advance parole is accepted, you may be able to travel and enter the U.S.

If you want to renew your advance parole document I-512L or I-512, the USCIS will accept the form I-131 filed up to 120 days before the date of your current Advance Parole document expires. Some applicants who have filed or will file Form I-485 for registering permanent residence or adjustment of status. The advance parole card can be obtained by filing form I-131 and I-765 together. Those who already filed form I-485 which is pending must use form I-765 and use the location instructions for form I-485.

All applicants for a reentry permit must complete biometrics at an Application Support Center and if outside the U.S. at an USCIS office abroad. If you are aged between 14 and 79 you must also be fingerprinted as part of the USCIS biometric service requirements. You are also required to pay the additional $ 85 biometrics fee.

In case of an emergency before leaving the U.S you should know what documents will be required to reenter the U.S as well as understand whether your leaving the U.S would affect your application for immigration benefits. Anyone who is not a U.S citizen or a non-citizen U.S. National is subject to review by the immigration department every time the person wants to enter the U.S. If during the review they determine that you are inadmissible you may be denied admission.

If you are trying for admission or parole at a port of entry you have to have a valid and unexpired travel document to show at the port of entry. Based on your immigration status or if you have an immigration benefit pending, then you may have to present travel documents pertaining to your status if you wish to lawfully return to the U.S after traveling abroad. Travel outside the U.S could have serious consequences if you are in the process of adjusting status. If you are getting a green card and leave the U.S without the right documentation (advance parole) you may be inadmissible into the U.S on your return, or you may be found to have abandoned your application.

If you entered as a non immigrant and have applied for extension, or have applied to changed to a different non immigrant status, then you decided to leave the U.S before the USCIS can take any action on your advance parole application, your application will be abandoned automatically. Receipt of an advance parole does not prevent abandonment in change of status or extension of stay. When you return to the U.S,if your current status has expired you are likely to be denied admission. Even if you had the right documents it is no guarantee that you will be allowed into the U.S without scrutiny at the port of entry.

If you have spent your time in the U.S illegally you may be barred from entering the U.S.for either three years or ten years depending on the unlawful presence he had accrued. Any departure from the U.S may trigger this ground of inadmissibility even if you have obtained advance parole.

If you are facing an extremely urgent situation, you can go to your local office to request an emergency advance parole document. When you are requesting this you should provide the following:

  1. Correctly completed and signed Form I-131, application for Travel document
  2. The correct I-131 filing fee
  3. Proof to support the emergency request (Medical documents, death certificate)
  4. Two passport photos.

Where to file the above depends on the benefit sought. Your local office may accept an emergency parole application if it is a very serious situation. (business trip, parties and weddings are not considered emergency.) If you are filing I-131 at your local office based on an urgent situation, you are encouraged to make an infopass appointment first. You must apply for the travel document before leaving the U.S. Generally you are also required to complete a biometrics capture at the Application Support Center before you depart the U.S. If you fail to do this, it may lead to the denial of any other application pending with the USCIS or lose permission to reenter the U.S.

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