Traveling outside the country while you have a pending immigration application can be risky. Leaving without proper authorization may result in your application being considered abandoned or an inability to reenter the country. Advance parole is a way for qualifying noncitizens to travel abroad temporarily without jeopardizing their pending case. However, reentry still isn’t guaranteed. It’s important to understand your eligibility and potential risks before traveling.
Working with an immigration attorney can help you better understand how international travel may affect your immigration status. Schedule a consultation with Karlin & Karlin to discuss your options now.
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Planning International Travel While Your Immigration Case Is Pending?
Advance parole can involve significant immigration risks. Our attorneys can review your status, travel history, and pending applications before you leave the United States.
What Is Advance Parole?
Advance parole is a travel document that is issued by U.S. Citizenship and Immigration Services (USCIS). It grants certain noncitizens the ability to leave the United States and later request reentry without getting a visa. It doesn’t provide permanent immigration status, nor does it erase unlawful presence, removal orders, or other potential grounds of inadmissibility. It solely authorizes the traveler to go to a U.S. port of entry and request permission to reenter the country.
Who May Qualify?
Applicants who may qualify include:
- adjustment of status applicants,
- Temporary Protected Status beneficiaries,
- Deferred Action for Childhood Arrivals (DACA) recipients,
- some individuals with humanitarian circumstances.
However, eligibility largely depends on the applicant’s current immigration status and reason for traveling.
Advance Parole and Pending Green Card Applications
It’s important for individuals with a pending Form I-485, Application to Register Permanent Residence or Adjust Status, to be cautious about leaving the country. USCIS may consider an adjustment application abandoned if the applicant leaves the United States without advance parole.
There are some exceptions for those with H, L, K, or V nonimmigrant status, but you should discuss this with your immigration attorney. Relying on an exception, rather than planning ahead and requesting parole, may result in you being unable to reenter the country.
Advance Parole DACA Travel Requirements
Advance parole for DACA recipients is available for qualifying humanitarian, educational, or employment reasons. USCIS doesn’t approve it for vacations or recreational reasons.
Advance Parole DACA humanitarian reasons include obtaining medical treatment, visiting a seriously ill family member or attending a loved one’s funeral.
Educational reasons include study abroad programs and academic research.
Employment-based reasons may include overseas assignments, conferences, interviews, and mandatory meetings with clients.
Advance parole DACA requests must have evidence supporting the reason for the proposed travel. For example, you may need proof of a family member’s illness to travel to see them, or proof of death to attend a loved one’s funeral.
Even with approval, international travel is not risk-free for DACA recipients. Issues may occur and affect an individual’s ability to reenter, so it is important to consult an immigration attorney before traveling abroad.
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Advance Parole Fee
The Form I-131 filing fee depends on the applicant’s category and filing method. Some applicants may qualify for a fee waiver. Check the current USCIS Fee Calculator before filing an application to avoid delays or a denial.
Advance Parole Processing Time and Application Steps
Advance parole processing times vary significantly based on USCIS workload, the applicant’s filing category, how complete the application is, and any additional evidence that USCIS may request.
When you submit Form I-131 with the application fee, you should also provide proof of immigration status, evidence of your reason for travel, and a copy of an official photo identity document. USCIS may require you to attend a biometrics appointment or interview. Applicants should consult their immigration attorney and ensure that they file well in advance of their departure date.
Emergency Advance Parole for Urgent Travel
USCIS may grant emergency advance parole if an applicant is facing an urgent situation. It may be an option when a family member is critically ill, when someone passes away, if time-sensitive medical treatment is required, or if the applicant is facing other serious humanitarian needs. In this situation, be prepared to provide additional documentation that proves not just the reason for travel but the need for immediate travel.
Request a Free Consultation with an Advance Parole Lawyer
Traveling outside the country while awaiting an immigration decision is inherently risky, and working with an immigration lawyer may help you mitigate the risks. Karlin & Karlin can assess potential concerns, such as prior removal orders and visa violations, and address these concerns upfront.
Our team will help you determine whether you qualify for advance parole and whether travel could interfere with your application. If you do qualify, we’ll prepare Form I-131, gather and organize evidence, and submit your request to USCIS.
Schedule a consultation our immigration team to discuss your travel needs, immigration status, and the safest way to protect your pending case.
