Have you ever wondered what is advance parole in immigration terms? In short, advance parole is a special type of admission permit to the United States. This is administered discretionally by the Citizenship and Immigration Service. If you need it, our immigration lawyers in Los Angeles can help you with the process. We have more than 40 years of experience in these cases in the Los Angeles area.
If you are an immigrant living in the USA and you need to travel abroad, this article may be of your interest. Here we explain the entire process related to this readmission permit to the US territory. We also answer the possible questions you have about the so-called advance parole, which we explain in depth below.
What is an advance parole used for?
The advance parole or “anticipated parole” allows a foreigner to leave and re-enter the United States. This travel permit is available to qualified foreign citizens who wish to re-enter the US. This after making a temporary trip abroad.
Early parole allows foreigners without a visa to return to the United States after leaving the country. It also allows foreigners who have requested adjustment of status or some other benefit, to keep the application while they are outside of the country.
What is I-512 Advance Parole?
It is the document issued by USCIS when the travel permit is approved. It can have two forms:
- The document itself known as I-512 or;
- The work permit card that the immigrant receives and also serves as advance parole. In fact, the document includes the phrase: “serves as I-512 advance parole”.
Who can request the advance Parole?
The advance parole can be requested by foreigners who do not have valid immigrant visas. Also they find themselves in the following situation:
- Have a pending application for adjustment of status (Permanent Legal Residence) or;
- Have any pending application or have already benefited from: Asylum or refuge in the US, State of temporary protection (TPS), Humanitarian probation or a T / U visa.
Obtaining early parole is very important for a foreigner in any of these categories who wishes to leave the United States. If you do not own it before traveling, you could be declared inadmissible to enter the US territory again.
The government could consider that the foreigner abandoned his pending application to obtain immigration benefits. When this occurs, the person would have to restart the immigration process through the consular process in their own country.
Who is not eligible for advance parole?
Some foreigners residing in the United States are not eligible to obtain this travel permit. This includes:
- Foreigners without valid immigration status.
- Foreigners with exchange visas, subject to foreign residence requirement.
- Beneficiaries of a private bill.
- Foreigners in deportation proceedings, even if they are within the categories of TPS, Visa T or Visa U, asylum, etc., with the exception of DACA beneficiaries. Do you know what is DACA?
Before requesting the advance reentry permit, it is advisable to speak with an expert immigration lawyer to guide you about your eligibility. Our attorneys have been successful in all areas of immigration for more than 40 years, do not hesitate to book your free consultation now.
For what reasons can I request the advance parole?
This is important to know before applying for this travel permit. The reasons why a foreigner can request immigration parole are only of an urgent humanitarian nature. For example, death of a close relative or due to an “important public benefit.”
Other humanitarian reasons that can be invoked to travel abroad include:
- Receive medical treatment.
- Visit a sick relative.
It is also possible to obtain a travel permit abroad for educational or employment reasons.
How is advance parole requested?
The advance parole is requested through Form I-131, Travel Document Request, through the Citizenship and Immigration Service (USCIS). The document has a cost of $ 575; however, a payment exemption could be granted to those foreigners who demonstrate that they cannot pay it.
With the help of a good immigration lawyer, you must fill out the form correctly and submit it to the nearest USCIS office. It is very important to carry out this process with an immigration professional to avoid mistakes.
If the foreigner is in a status of adjustment process, the travel permit application is usually sent along with the adjustment request or work permit. You can get more information about it on the official USCIS website.
What are the requirements to submit the advance parole?
For the submission of the application for advance parole, the applicant must take with them to the USCIS office:
- Form I-131, Application for travel document completely filled out and signed.
- The I-131 filing fee (if you cannot pay it, you must show that you do not have enough income)
- Evidence supporting the emergency request (that is, a relative’s death certificate, medical documentation).
- Two recent passport-type front photos.
The USCIS officer has the discretion to decide whether to grant emergency parole or deny the request, you can also ask for a pending request to be expedited.
Other documents that must be attached are:
- Copy of an identity document with photo (passport, driver’s license or employment card).
- Copy of the applicant’s status (if any) in the United States;
- Letter explaining the reasons or any other evidence to justify the advance parole request.
- Copy of the USCIS receipt, if the applicant has a pending status adjustment request.
When the country of destination of the trip is Canada, in order to apply for an immigrant visa, you must submit a copy of the letter of consular appointment from the United States.
- Copy of Form I-797, Notice of Action, if USCIS has deferred the action for an applicant under DACA.
- Promptly describe travel dates (round trip).
- Evidence of the reason for the trip outside the United States, for example, letter of invitation or from the school employee describing the reason for the trip and its benefit or need for the country, or;
- Document proving enrollment in the educational program that supports the trip, or;
- Letter from the employer / host of the program indicating the need for the trip, or;
- Medical report or letter signed by the doctor indicating the condition or illness of the applicant that justifies his medical treatment outside the United States, or;
- Evidence of serious illness or death certificate of a relative.
Consequences of not requesting the advance parole
If the foreigner living in the United States leaves the country without the immigration strike, he will have a problem when he wants to re-enter.
The migration officer can prevent the entry of the foreigner who would have to wait outside the United States until he can reenter after performing the respective process. The problem could even arise for those who have remained in an illegal situation in the US for more than 180 days, if the government decides to apply the penalty of 3 or 5 years.
Likewise, USCIS may consider that the foreigner has abandoned the pending immigration process. If so, he would have to start it again.
Cases of parole that immigrants outside the US can request to enter from abroad
This is a different type of immigration parole than the one requested within the United States, which should not be confused with a re-entry travel permit. The parole that can be requested from abroad apply in different situations.
A completely different case is that of the parole requested by foreigners outside the United States to enter the country. Mention is made here because it is sometimes confused with permission to travel. They are different things that apply to different cases.
The cases of parole that are requested from abroad are:
- For extraordinary humanitarian reasons such as medical or legal reasons, such as testifying at a trial.
- Central American minors program.
- Family reunification program for Cubans and Haitians.
Parole for Cubans
The Cuban Family Reunification Parole Program (CFRP) was created in 2007 and allows US citizens and green card holders (permanent legal residents) to request parole or permission to bring their Cuban relatives.
Cuban Family Parole (CP3)
Within the Cuban Parole Program, it is contemplated that Cuban citizens over 21 years of age who have a visa or who have been issued a parole (CP1), can request a family immigration parole. This program benefits certain family members. On the other hand, the Special Program for Cuban Emigration, known as “el bombo”, is currently suspended.
Parole for Cuban doctors in 2020
The program (Cuban Medical Professional Parole Program, CMPP), was repealed by the United States on January 12, 2017. However, applications made before that date, continued to be processed and adjudicated by USCIS. Also in cases where a CMPP principal applicant, prior to that date, requested permission to enter the US for their spouse and unmarried children under 21, who traveled with him / her.
Likewise, Cuban medical professionals who were accepted by the CMPP Program, before or after January 12, 2017, could submit petitions for family members who joined them before August 24, 2017.
Initially, the program was created to help Cuban doctors and their families, who were sent by the Cuban government to work in other countries. The application for the permit to enter the US was presented at a US embassy or consulate.
Several US senators have asked the federal government for the program to be reinstated again. The sending of Cuban doctors and paramedics to work for the socialist government of Cuba in other countries has been strongly questioned. Some Latin American governments and organizations have cataloged the Cuban program as a form of neo-slavery.
Frequently asked questions about the advance parole
Remember that you can contact us directly if you need personalized attention for your case.
Who can travel abroad and return without having to obtain advance parole?
The exceptions to travel outside the United States and return without the need to present the travel document, are for people who have the following types of visa:
- H-1 temporary workers, H-4 spouse or children of an H-1.
- Spouse K-3 or the son (K-4) of a US citizen.
- Workers with an L-1 visa who are transferred to US offices by the company, their spouse (L-2) or the son of the L-1 worker.
- Spouse (V-1) or children (V-2 / V-3) of a legal permanent resident.
When they return to the United States, holders of any of these visa categories must present their respective nonimmigrant visa to the United States and have no limitations to continue being eligible in the country.
As long as these people have an adjustment request pending, they will not be considered to have abandoned it, even in cases where they did not request the advance parole document before leaving the US.
In this regard, it is advisable to talk with an expert immigration lawyer beforehand and possess evidence of the request for a request for adjustment of status. In this case, Form I-797 Notification of action serves, which certifies the receipt of the request.
Can I travel abroad if I have a temporary protection status?
To maintain temporary protection status upon return to the United States, the foreigner must meet all the requirements of the TPS. The fact of obtaining the advance parole and traveling abroad does not eliminate the requirement that the beneficiary of the TPS has to appear physically and periodically before the administration.
Persons benefiting from TPS or who have applied for adjustment of status, have a pending asylum application or have approved T-visas or U-visas, cannot apply for advance parole if they have a pending deportation or expulsion process. The only exception is with young people who have been approved for DACA.
If I am or was illegally in the US can I get the advance parole?
Yes, you can. The problem is that as a foreigner who leaves the United States after being illegal in the country you could be banned from re-entering. This includes cases in which the foreigner obtained the advance parole immigration document.
When accumulating more than 180 days of illegal presence, but less than one year, the law establishes a three-year restriction to re-enter the US. If the illegal presence extends for more than one year, the prohibition of re-entry into the country may be more than 10 years.
Before leaving the United States, foreigners with a history of illegal presence should consult a Los Angeles immigration lawyer. He can guide you about your situation to prevent mistakes.
If I am outside the United States, can I also get the advance parole?
Generally, foreigners who are already outside the US cannot obtain an advance parole. However, for urgent humanitarian reasons or due to a significant public benefit, a foreigner can obtain it.
Those who apply for parole cannot use the advance parole seeking to avoid delays or bypass normal visa issuance procedures. To process advance parole, the foreigner outside the United States must submit their biometric data if they are between 14 and 79 years old. You must do so at the place where indicated by USCIS or the State Department.
Does the advance parole guarantee that I can re-enter the US?
Definitely not. Even if the foreigner obtains the immigration stop, he is still subject to inspection by the Customs and Border Protection Service (CBP). This can happen at any US port of entry, in order to determine your admissibility in the country.
Foreigners considered inadmissible could be denied entry to the country. Also open an expedited expulsion process or be subject to an expulsion process before an immigration court.
How long does the advance parole take to process?
Obtaining the advance parole document can take about 90 days. However, such granting could be accelerated if it meets the requirements demanded by the United States Citizenship and Immigration Services (USCIS):
- An emergency.
- Serious financial loss for the company / person.
- Humanitarian reasons.
- When it is a non-profit organization and travels abroad for cultural or social activities of interest to the United States.
- At the express request of the Department of Defense or any other agency for a matter of national interest.
- By a mistake of USCIS.
In this case, the processing of the expedited application may take about 30 days. However, when it is an emergency request and as the case may be, the issuance of the document could be made the same day at the USCIS office.
How long can I stay outside the United States?
The validity of the advance travel parole immigration permit document to remain outside the country granted to foreigners is generally 1 year, counted from the date of issuance.
This does not mean that the Department of Homeland Security cannot, at any time, revoke or rescind the advance Parole document. Regardless of whether the beneficiary is inside or outside the United States.
Now you know what an immigration parole is. We understand that it is a complex issue and doubts may assail you. For more information about the advance parole or any case related to immigration issues of you or a family member of yours, Lluis Law immigration attorneys are at your disposal.
We have experience in representing immigrants throughout Southern California. Call now and book your Free consultation on the phone with our lawyers.