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requirements for Advance Parole (AP)

What Are the Requirements for an Advance Parole (AP)? 

Advance Parole (AP) allows certain non-citizens in the U.S. to travel abroad and return without abandoning a pending immigration application. To qualify, you must have an eligible pending application, file Form I-131, and receive approval before leaving the U.S. 

 

What Is Advance Parole (AP)? 

Advance Parole is a travel authorization, not a visa. It is issued by USCIS to people who do not yet have permanent status but have a pending immigration benefit. 

Without Advance Parole, leaving the U.S. while certain applications are pending can automatically cancel those applications. 

AP is commonly used by: 

  • Adjustment of Status (green card) applicants 
  • Certain TPS holders 

Who Is Eligible for Advance Parole? 

You may be eligible for Advance Parole if you have one of the following pending or approved statuses: 

  • Pending Form I-485 (Adjustment of Status) 
  • Approved DACA 
  • Temporary Protected Status (TPS) 
  • Pending humanitarian applications, such as asylum 

You are not eligible if: 

  • You entered the U.S. without inspection and are not eligible under AOS rules 
  • You have certain criminal or immigration violations 
  • Your underlying application does not allow travel 

Eligibility depends on your immigration category and reason for travel. 

Requirements for an Advance Parole 

To apply for Advance Parole, you must meet all of the following: 

  • A qualifying pending or approved immigration application, most commonly Form I-485 
  • Form I-131, which is the official Application for Travel Document, filed with USCIS 
  • Supporting documents, usually including: 
  • Copy of your receipt notice (I-797) 
  • Government-issued ID 
  • Proof of current status 
  • Filing fee, unless exempt 

How the Advance Parole Application Process Works 

Here are the essential steps in an Advance Parole application process: 

  1. Confirm that your immigration category allows AP 
  2. Complete Form I-131  
  3. Attach required supporting documents 
  4. File with USCIS online or by mail 
  5. Attend biometrics if required 
  6. Wait for approval and receive the AP document 
  7. Travel only within the validity period 

Processing times vary and can take several months. 

Filing Form I-131 

You have 2 options for filing your Form I-131 application with USCIS: 

  • Online (for certain applications); or 
  • By mail (on paper). 

To file online, the first step is to create a USCIS online account. 

To file by mail, check out the USCIS Filing Addresses for Form I-131 page for information on where to mail your application. 

Common Mistakes When Applying for Advance Parole 

Here are the mistakes many Advance Parole applicants make:  

  • Traveling before approval 
  • Assuming AP guarantees reentry 
  • Ignoring prior unlawful presence issues 
  • Letting AP expire while abroad 
  • Using AP when your status does not allow it 

Advance Parole does not erase past violations. Some holders may still face denial at reentry. 

Examples of When Advance Parole Is Used 

Here are some instances that would warrant an Advance Parole: 

  • A green card applicant traveling for a family emergency 
  • A DACA recipient attending an educational program abroad 
  • A pending AOS applicant traveling for work reasons 

Each case is assessed individually at entry. 

Key Takeaways 

  • Advance Parole is permission to travel, not a visa 
  • You must apply using Form I-131 
  • Approval must come before leaving the U.S. 
  • It does not guarantee reentry 
  • Eligibility depends on your underlying immigration case 

Frequently Asked Questions 

1. When do I need to apply for Advance Parole? 

You can apply for AP as soon as you know travel may be necessary, and your pending application allows it. 

2. Who is Advance Parole for? 

AP is for people in the U.S. with pending or approved immigration benefits who do not have permanent status. 

3. What happens if I travel without Advance Parole? 

If you travel abroad without an Advance Parole, your pending application may be considered abandoned. 

4. Can DACA recipients travel with advance parole? 

DACA recipients can travel outside the U.S. only if they first get advance parole approval from USCIS. Without approved advance parole, leaving the U.S. could result in them not being able to come back and could lose their DACA status.  

5. What are the basic requirements to apply for advance parole? 

You must file Form I-131 with USCIS and show a valid reason for travel, usually humanitarian, educational, or work-related. Ensure you include the required documents and the filing fee with your application. 

6. What’s the alternative to Advance Parole? 

Alternatives to using Advance Parole include waiting until permanent residence is approved, after which you may travel and re-enter freely without special permission.  

Another option is holding a dual-intent non-immigrant visa, such as an H-1B or L-1, which allows a person to seek permanent residence while maintaining temporary status; these individuals may depart and re-enter the United States using that visa without needing Advance Parole. 

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Ifekorede Ayoola

Lead Content Writer
Ifekorede Ayoola is a seasoned content writer with a passion for making complex topics easy to understand. She uses her legal knowledge and writing skills to create helpful and easy-to-understand content about immigration. With over five years of experience, Ifekorede has written content for more than 30 businesses across different fields. She specializes in writing about Law, Finance, and Technology. Ifekorede’s goal is to empower readers with the knowledge they need to make informed decisions.

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