Advance Parole Provides for Re-Entry Into the US Without a Visa
Immigrants who are in the United States are usually required to have a visa if they travel abroad. Advance parole provides permission for non-natives to re-enter the U.S. without a visa after traveling out of the country. Another purpose of an advance parole is to keep an immigrant’s pending action intact if they travel out of the country. It is important that immigrants follow the proper procedure when leaving and re-entering the U.S. so they do not impact their visa applications that are already in progress.
Only those immigrants who meet the qualifications will be eligible for advance parole. Immigrants who already have a pending application for adjustment of status, Form I-485, are eligible for advance parole. Others who may meet the criteria include refugees who have been granted asylum, those under temporary protected status, and those granted benefits under the Family Unity Program. Others may also qualify so check with your immigration attorney to determine whether you qualify. Those who are not eligible are immigrants who are in the United States without documentation.
How to Apply for Advance Parole
In order to get an advance parole, you must first submit a completed Application for Travel Document, also called Form I-131. You must include a copy of your receipt of notice, Form I-485. Submit two passport style photos along with your application. The advance parole generally does not require an interview. However, you should submit the application as far in advance of travel as possible to ensure that approval will be achieved in time. You will need to provide your alien number along with an address and telephone number where you can be reached in order to obtain the necessary documents before you travel.
It is essential that anyone who wishes to travel outside the U.S. get the proper documentation ahead of time. Otherwise, reentry to the U.S. may not be allowed. Further, those who have pending visas but have not obtained advance parole could be considered to have abandoned. This could create a difficult situation with your visa, and one that may require you to begin the process over again. To avoid any problems, any immigrant who wishes to travel outside the U.S. should verify the documents necessary to ensure legal reentry. There are many rules and regulations associated with immigration. Consult with a knowledgeable immigration lawyer before you make travel arrangements to make sure that you follow the procedures in place for your particular type of situation.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Advance Parole, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.