Advance Parole is a permission which is granted to the eligible foreign nationals, it allows foreign nationals to re-enter the United States after temporarily traveling abroad.
This is important in order to avoid termination of their pending applications like Adjustment of Status. To attain Advance Parole you are required to file form I-131 that is an application for travel document. The Application I-131 need to complete with supporting documentation, photos, and applicable fees.
Advance Parole can be expedited, by requesting U.S. Citizenship and Immigration Services.
In the most urgent circumstances, individual can request for Emergency Advance Parole, as USCIS field offices are authorized to accept requests for emergency Advance Parole. Such requests are reviewed by Agencies on a case-by-case. The USCIS field office director has discretion to grant or deny them. Such requests include an explanation and evidence of the emergency.
In order to request for emergency Advance Parole, you have to take appointment, Form I-131 along with explanation, evidence and fee. Your request will be processed the same day. If USCIS does not find your request emergency based then your application will be denied, thus it is important that you analyse your emergency-based case through an attorney before proceeding ahead with USCIS. The emergency Advance Parole requests are granted for a specific period of time, and will have no effect on Advance Parole requests already pending with a service center. Remember that Advance parole does not guarantee entry into the United States as officers at ports of entry by Customs and Border Protection (CBP) have authority to decide your entry based on your documents and circumstances.
The benefit of having an Advance Parole is that, you do not have to obtain a visa from an American Consulate in order to return to the U.S. after traveling abroad. You must have heard about USCIS Advance Parole and Re-entry Permit, and wondering what is the difference between two. So, here is the answer, the Advance parole document is issued to foreign nationals (which may be valid up to one year) who are not yet lawful permanent residents, while the re-entry permit is issued to lawful permanent residents and is valid up to two years from the date of issue.
Those who currently reside in the U.S. and have a personal or bona fide reason to travel temporarily abroad may apply for advance parole. Individuals who have an application for adjustment of status pending or those who have been granted benefits under the Family Unity Program, those who have been granted temporary protected status and those who have an asylum application pending can apply for an Advance Parole.
In some case , even if you have a pending Adjustment of status you do not need to apply for Advance parole and such cases are those who have maintained H1 status (temporary workers in specialty occupations) or L1 status (intra-company transferees), or are a dependent in H4 or L2 status.
such individuals are not eligible to apply for an Advance Parole.
As of now that is year 2020, Filing Fee for Advance Parole is $575.
We, at F4 India Law firm, efficiently deal with Advance parole filings. We have achieved success in Humanitarian based advance parole as well. To find out more about the Humanitarian based advance parole check our case success stories, here is one of the examples we are proud of.
We received a call in January from Movithapriya living in Tamil Nadu with her 5 years old daughter, her daughter was denied an entry to US in January 2020. Movitha had obtained Advance Parole (AP) as part of their EAD renewal application. Their daughter’s previously obtained AP had expired and applicant re-applied for AP for the child in early October 2019. The AP did not come through although the online status showed that AP was approved. Applicants travelled to India without a physical advance parole document for their 5 yrs old daughter, mistakenly believing that approval in the system would be enough to gain re-entry.
On December 27, 2019, applicants started their return journey from India to US. At the preclearance in Abu Dhabi, they were asked to produce AP for the child, which they didn’t have. As a result, the child was not allowed to board the flight. Applicant’s wife and the minor child had to return back to India. Movitha called many Immigration agents and Attorneys but none of them were ready to take her case as no one was sure that she will get any grant or will be able to go back to the United States. Only after talking to our immigration Attorney Mr. Samar, Movitha got some hope and decided to go ahead with us. Our team analysed all the situation and prepared Humanitarian based Advance Parole for her daughter, which was granted by USCIS in April, 2020. Now she is waiting for her daughters boarding foil. We congratulate her and are thankful for her review.