Traveling Abroad Using an Advance Parole Document

If you're an immigrant living in the U.S. and in the process of adjusting your status (AOS), you might want or need to travel outside the country before your green card is approved. The Advance Parole (AP) document is your golden ticket, allowing you to re-enter the U.S. without abandoning your immigration process. However, traveling abroad on Advance Parole comes with specific rules and potential risks that you need to understand before embarking on your journey. In this guide, we’ll explore everything you need to know about Advance Parole, including the travel process, document checklist, potential risks, and important tips for a smooth experience.

Disclaimer: The information provided in this guide is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a retainer agreement has been signed.

What is Advance Parole?

Advance Parole is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that allows certain non-citizens to re-enter the U.S. after traveling abroad. It is primarily used by individuals who are in the process of adjusting their immigration status (i.e., applying for a green card) and need to leave the country temporarily without abandoning their application.

Unlike a visa, which is issued by a U.S. embassy or consulate, Advance Parole is obtained through USCIS and does not guarantee re-entry into the U.S. Instead, it permits you to seek re-entry at a U.S. port of entry, where Customs and Border Protection (CBP) officers have the discretion to allow or deny entry based on your circumstances.

Who Needs Advance Parole?

Most applicants for Adjustment of Status (Form I-485) need Advance Parole if they wish to travel abroad while their application is pending. Without this document, leaving the U.S. could result in the abandonment of their green card application. Individuals in the following categories typically need Advance Parole:

• Family-based or employment-based Adjustment of Status applicants
• DACA (Deferred Action for Childhood Arrivals) recipients
• Certain individuals in humanitarian programs

Note: If you have certain visa statuses (such as H-1B or L-1), you may not need Advance Parole if you travel abroad while your I-485 is pending, as your visa allows for dual intent (the ability to seek permanent residence while on a temporary visa).

The Importance of Advance Parole in the Green Card Process

Advance Parole is critical because, without it, any international travel while your green card application is pending could be seen as abandoning your application. Here’s why it’s so important:

1. Legal Re-entry into the U.S.: With an Advance Parole document, you are allowed to re-enter the U.S. and continue with your green card process.
2. Prevents Abandonment of Application: Leaving the U.S. without Advance Parole will automatically lead to the abandonment of your Adjustment of Status application.
3. Continued Employment: If you have an Employment Authorization Document (EAD) along with your AP, you can continue to work legally in the U.S. while your I-485 is processed.

Documents You Need When Traveling on Advance Parole

Traveling on Advance Parole requires you to carry specific original documents to ensure smooth re-entry into the U.S. Here's a handy checklist:

• Original Advance Parole Document (I-512L)
• This is the key document permitting you to seek re-entry to the U.S.
• Original Passport
• You must have a valid passport from your home country.
• Original Employment Authorization Document (EAD) (if applicable)
• If you have a combo EAD/Parole card, it serves as both your work permit and travel authorization.
• Original I-485 Receipt Notice
• Proof that your Adjustment of Status application is pending.
• Original Marriage Certificate (if applicable)
• If you're adjusting status based on marriage to a U.S. citizen, carry your original marriage certificate.
• Proof of Residence in the U.S.
• Documents like utility bills or a lease agreement, showing your home address in the U.S.
• Return Flight Itinerary
• Have your itinerary ready to show your travel plans and return dates

Tip: Always carry original documents, as photocopies may not be accepted by CBP officers at the port of entry. Also, this is not a comprehensive list, you should always consult with your attorney to inquire if you need to bring any other documentation related to your specific case.

Risks and Considerations of Traveling with Advance Parole

While Advance Parole allows you to travel, it doesn't guarantee re-entry. It’s crucial to understand the potential risks:

• Discretion of CBP Officers: Even with a valid Advance Parole, CBP officers at the U.S. port of entry have the authority to deny you entry if they find any issues with your admissibility.
• Denial of Re-entry: If your Adjustment of Status (I-485) application is denied while you are outside the U.S., your Advance Parole may no longer be valid for re-entry if you take too long to return to the U.S. In such cases, you could be refused entry.
• Length of Absence: Long trips outside the U.S. may raise red flags. While there’s no specific rule limiting how long you can stay abroad on Advance Parole, extended trips may make it harder to prove that you still intend to live in the U.S. permanently.
• Unforeseen Delays: Political or immigration policy changes can delay your re-entry. Stay updated on immigration news, especially while traveling.

What to Expect at the U.S. Port of Entry

Upon returning to the U.S., you will go through inspection at the port of entry. Here’s a step-by-step overview of what to expect:

• Primary Inspection: You will present your passport and Advance Parole document to the CBP officer. They will check your documents and may ask questions about your trip. If everything is in order, you may be allowed to proceed without issue.
• Secondary Inspection: If there are any questions or concerns, the officer may send you to secondary inspection. This is a more detailed review of your case, where CBP may ask additional questions about your travel and immigration status. Be prepared to explain the purpose of your trip and present any supporting documents, such as proof of your relationship with your U.S. citizen spouse.
• Final Decision: After reviewing your case, the CBP officer will decide whether to allow re-entry. As long as there are no issues with your documentation and admissibility, you should be allowed to re-enter the U.S.

Note: CBP officers have the final say on entry, and their decision is based on the totality of the circumstances, including your ties to the U.S., the validity of your documents, and your I-485 status.

Tips for a Smooth Re-entry

• Travel with Your U.S. Citizen Spouse: If you’re adjusting status based on marriage, traveling with your U.S. citizen spouse can help reinforce your case for re-entry.
• Keep Copies of All Documents: While you must carry originals, keeping copies in a separate location (or digitally) ensures you have backups in case any documents are misplaced.
• Have a Contact Plan with Your Attorney: Before traveling, discuss a contingency plan with your attorney in case you face any issues at the port of entry. Keep their contact information readily available.

Conclusion

Traveling abroad with an Advance Parole document can be a straightforward process if you’re well-prepared. While it allows you to travel without abandoning your green card application, understanding the risks and following the right procedures is crucial to ensure a smooth re-entry. Make sure to have all your original documents, stay informed on the status of your I-485 application, and coordinate with your immigration attorney throughout the process. By following these steps, you can minimize potential risks and make your travel experience with Advance Parole smooth and hassle-free.

Remember, it’s crucial to stay updated on any changes in immigration laws or policies that might affect your re-entry. Be proactive, well-prepared, and informed for a successful trip abroad.

If you have any questions or need assistance with your immigration case, especially regarding traveling with Advance Parole or any other legal matter, feel free to contact Quattrochi, Torres & Taormina, P.A. We are here to help guide you through the process and ensure that your legal journey is as smooth as possible. 

 Safe travels!

For more resources and detailed checklists, you can explore:

• Immigrants Rising: Advance Parole Travel Guide
  https://immigrantsrising.org/advance-parole-travel-guide/

• USCIS: Travel Documents
  https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents

• CBP: Advance Parole Guidelines
  https://www.cbp.gov/travel/us-citizens/advance-parole



Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. The content is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No action should be taken based on the content of this blog post without first consulting qualified legal counsel. While every effort has been made to ensure the accuracy and completeness of the information, Quattrochi, Torres & Taormina, P.A. makes no warranties or representations as to the accuracy, completeness, or suitability of the information for any purpose. Quattrochi, Torres & Taormina, P.A. will not be liable for any errors or omissions in this information nor for the availability of this information. Any reliance you place on such information is strictly at your own risk. Quattrochi, Torres & Taormina, P.A. disclaims any and all liability with respect to actions taken or not taken based on the contents of this blog post to the fullest extent permitted by law. This post does not cover every possible situation, and you should always consult with an attorney or the relevant agency before taking any action. By using this site and relying on the information provided, you agree that Quattrochi, Torres & Taormina, P.A., its partners, employees, and affiliates, shall not be held liable for any direct, indirect, incidental, special, or consequential damages or losses, whether in contract, tort, or otherwise, arising out of or in connection with the use of the information contained in this blog post.