Advance Parole
ADVANCE PAROLE LEGAL SERVICES
International travel can have important immigration consequences, particularly for individuals with a pending Adjustment of Status application or other pending immigration matters. Advance Parole may allow certain individuals to travel outside the United States and seek parole upon return without abandoning a pending Adjustment of Status application.
Whether Advance Parole is necessary or appropriate depends on the individual’s immigration status, immigration history, pending applications, and other circumstances. Heckler Law Group advises clients regarding Advance Parole eligibility, Form I-131, and the potential immigration consequences of international travel.
Eligibility & Travel Review
We review your immigration status, pending applications, immigration history, and anticipated travel to evaluate whether Advance Parole may be available and appropriate.
Form I-131 Preparation & Filing
We prepare Form I-131 and the supporting documentation required for an Advance Parole request based on the circumstances of the case.
Adjustment of Status & Travel Considerations
For clients with a pending Form I-485, we advise regarding the potential effect of international travel on the Adjustment of Status application and whether Advance Parole may be required before departure.
Guidance Before International Travel
We advise clients regarding the use and limitations of Advance Parole, including considerations that may affect departure from and return to the United States.
Advance Parole and Pending Adjustment of Status
Generally, departing the United States while Form I-485 is pending without appropriate travel authorization may result in USCIS treating the Adjustment of Status application as abandoned. Certain individuals maintaining specific nonimmigrant classifications, including certain H-1B and L-1 nonimmigrants, may be subject to different rules.
Because the effect of travel depends on the individual’s immigration status and case history, international travel should be evaluated before departure.
Points:
- Advance Parole Eligibility Review
- Form I-131 Preparation & Filing
- Adjustment of Status Travel Considerations
- International Travel & Immigration Status
- Emergency Advance Parole & USCIS Issues
Does Advance Parole Guarantee Reentry?
No. An approved Advance Parole document generally permits the holder to travel to a U.S. port of entry and request parole, but it does not guarantee that parole will be granted. U.S. Customs and Border Protection makes the determination at the port of entry.
Prior immigration violations, unlawful presence, removal proceedings, criminal history, or other immigration issues may affect the risks associated with international travel. Advance Parole should therefore be considered in the context of the individual’s complete immigration history.
Emergency Advance Parole
In certain urgent circumstances, USCIS may consider requests for Emergency Advance Parole. Eligibility and procedures depend on the circumstances and urgency of the requested travel.