Advance Parole
Advance parole enables some foreign nationals to return to the United States after leaving the country without obtaining a new immigrant or non-immigrant visa. Such aliens require advance parole before departing the country. They might not be allowed to return to the United States without a visa if they did not receive advance parole before leaving on an overseas trip.
Those who are involved in immigration processes, including those seeking asylum, temporary protected status recipients, and applicants for adjustment of status, among others, use advance parole. The applicant must submit a Form I-131 and get approval before leaving in order to acquire advance parole. The applicant’s immigration case will be assumed abandoned and automatically denied if they leave the country without having their advance parole application granted and a travel document provided. Therefore, it is crucial to apply for and receive advance parole before leaving the country. To maximize your chances of receiving advance parole and making a strong case, hiring an advance parole attorney in Van Nuys can prove to be quite beneficial for you.
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Filing an advance parole can be quite a tedious process. You’ll save a ton of time and money by handling documents properly and following the procedure as it is intended to be followed. Get your first consultation free of cost at the Law Offices of Hussain & Gutierrez and get the help you need from a Van Nuys advance parole attorney that will assess your situation and guide you according to your needs and requirements, making the whole process go smoothly.
Eligibility Requirements for Advance Parole
Disqualifying Factors:
- The alien is currently living in the U.S. without any type of valid immigration status
- The alien is a beneficiary of a private bill
- The alien is an exchange alien who is subject to the foreign residence requirement
- The alien is currently under removal proceedings
If none of the aforementioned requirements are met, you are eligible to receive advance parole. This is most frequently applied to people whose conditions fall under one of the following categories:
- The alien has a pending application for status modification
- The alien has been granted benefits under the Family Unity Program
- The alien has been granted asylum
- The alien currently has an asylum application pending
- The alien has been admitted as a refugee
- The alien has been granted Temporary Protected Status
- The alien's urgent personal need to move overseas temporarily is justifiable
How to Apply for Advance Parole?
- File a Form I-131, Application for Travel Document, with USCIS
- Provide all necessary and requested supporting documentation
- Provide photos of themselves (as specified in the Form I-131)
- Pay the required fees
Does Advance Parole guarantee admission into the United States?
Why Advance Parole Might Be Needed?
- Are waiting for their applications to adjust their immigration statuses to be processed
- Have been granted refugee status or asylum by the USCIS or have applications for asylum currently pending with USCIS
- Have received Temporary Protected Status
- Have been granted benefits under the Family Unity Program
Helping You Obtain Advance Parole To Freely Enter And Exit The United States Of America
You should NOT leave the country for any reason after submitting an application to register permanent residence or to adjust status (green card), unless you have received prior permission to do so, or advance parole. Your green card application will be regarded as abandoned if you leave the country without the advance parole document.
Have a question? Ask our lawyer for advance parole.
Generally, those who wish to travel abroad should consider asking for advance parole if they:
- Are awaiting the processing of their applications to change their immigration status
- Have received refugee or asylum status from USCIS, or have pending asylum applications with USCIS
- Possess Temporary Protected Status
- Have received compensation under the Family Unity Program
If you hold an H-1B visa and have submitted your I-485 Form, you probably won’t need to apply for advance parole as long as your H-1B visa is still valid when you leave the United States.
The best course of action in this situation would be to file for advance parole in order to assure that you can return to the United States after your trips abroad are over.
It should be emphasized that if an application for advance parole is rejected due to abandonment, the applicant may submit another application right away, but it may still take many months for it to be processed and accepted.
DACA Recipients Using Advance Parole Immigration
It is crucial to keep in mind that even if the government provides permission for the applicant to travel under the advance parole, re-entry may still be refused. It can be risky to grant DACA beneficiaries advance parole, so it's crucial to get legal counsel from an advance parole immigration attorney. The advance and humanitarian parole lawyers at Hussain & Gutierrez can make sure your application packet is assembled properly. We welcome you to step into our Van Nuys office to schedule a free initial consultation.