Advance parole refers to the temporary admission of a person into the US. In the case of a person legally staying in the US who needs to travel outside US and return without a visa, he/she can do so with an advance parole. It is a document used in lieu of a visa.
Person’s in the adjustment of status to a green card process may have to travel abroad for emergency business or personal reasons. Such persons need to apply for an advance parole in order to be admissible to the US on their return. And also to establish that they have not abandoned their adjustment of status application.
The only exceptions are the H and L visa holders who are in the adjustment process. Only those with a pending I-485 application can apply for an advance parole. Also, its ideal to wait for the application to be approved before leaving the country.
Apply for an Advance Parole Using Form I-131
Persons applying for an advance parole need to submit Form I-131, Application for Travel Document along with the necessary supporting documents and fees. Persons who filed Form I-485 to adjust status on or after July 30, 2007 and paid the requisite fee for the adjustment application need not pay the fees for the advance parole application. Biometric fees are not required for this applications.
A person outside the US, who is otherwise admissible can also apply for an advance parole for temporary admission into the US for emergency humanitarian reasons. Such applications are granted on a case-by-case basis for a temporary period. A person within the US can file this application on behalf of the parolee who is outside the US.
Documents for Submission
The advance parole has to be submitted to the USCIS office. If filing along with the I-485 application, send the applications to the address mentioned on the I-485 instructions. If filing while an I-485 is pending, the address you send the application to will depend on the application receipt number that is on the I-797C Notice of Action you would have received on the successful filing of your I-485.
The following are the documents you need to submit in your application packet if you are applying from within the US:
- A completed and signed Form I-131
- Current filing fee for Form I-131
- Proof for the emergency situation that requires you to travel abroad
- Two identical passport photos
- Copy of a USCIS issued document showing your current status in the US
- A copy of the appointment letter from the US Consulate in Canada if you are traveling to Canada to apply for an immigrant visa
- A copy of the deffered action letter if you are the spouse or child of a US citizen who died before the 2nd anniversary of the marriage. The qualifying child should submit a separate Form I-131.
- A copy of the application receipt notice of the pending I-485 application if you have applied for an adjustment of status.
If submitting the application from outside the US, include the following:
- A statement explaining how your financial needs in the US will be met.
- Form I-134, Affidavit of Support
- A statement giving the details of your attempts at getting a US visa and the reason why a visa could not be obtained.
- A statement giving the details of your attempts at getting an inadmissibility waiver and the reason why a waiver could not be obtained, including a copy of the decision letter from the DHS.
- Copies of any decision on any immigration petitions filed for you and evidence of any pending petition for immigration.
- A statement explaining the emergent situation that requires an advance parole. Supporting documents validating your statement may be included and also the duration of your intended stay needs to be mentioned.
- Two FD-258s prepared by US Embassy, Consulate, US military installation or USCIS office. These fingerprint cards should not be bent, creased or folded and should show your Alien Registration Number.
Once your application has been filed the USCIS may ask you to submit additional information or supporting documents, the originals of certain documents or they may request you to appear for an interview. The USCIS verifies if you have established eligibility for the advance parole. Their decision will be informed to you in writing.