An Advance Parole Document is a form of temporary travel authorization. This document enables individuals, such as adjustment of status applicants, TPS beneficiaries, refugees/asylum applicants, DACA recipients, etc. to travel outside the United States and return without jeopardizing their legal status. Essentially, it functions as a substitute for a visa when entering the U.S., permitting transportation companies like airlines to acknowledge it as evidence of authorized travel. It's important to note that an Advance Parole Document doesn't replace the need for a valid passport. In this article, we will take a closer look at Form I-131 Advance Parole, including what it is, who needs it, and how to apply for it.
What is Form I-131 Advance Parole?
Form I-131 is officially known as the "Application for Travel Document" that allows certain noncitizens who are not permanent residents to re-enter the United States after traveling abroad. Individuals who are not U.S. citizens and who are in the process of adjusting their status in the United States may apply for Advance Parole. This document is necessary because, without it, individuals who are not U.S. citizens and who are in the process of adjusting their status could be considered to have abandoned their application for adjustment of status by leaving the country.
Who Needs Advance Parole?
Non-immigrants on various immigration statuses may need to apply for Form I-131. These include:
Adjustment of Status Applicants: If you are in the process of adjusting your status to become a permanent resident, you will need to obtain Advance Parole if you plan to travel outside of the country while your application is still pending.
Asylees and refugees: Asylees and refugees who have not yet become permanent residents may need to travel abroad for personal or professional reasons. In such cases, they need to apply for Form I-131 Advance Parole.
Temporary Protected Status (TPS) recipients: Individuals who have been granted Temporary Protected Status and wish to travel outside the United States must apply for Advance Parole to be able to return.
U Visa Applicants: If you are a victim of a crime and have applied for a U visa, you will need to obtain Advance Parole if you plan to travel outside the country.
DACA recipients: Recipients of Deferred Action for Childhood Arrivals (DACA) must apply for Advance Parole when traveling abroad for educational, humanitarian, or employment purposes.
It's important to note that not all adjustment of status applicants require Advance Parole. USCIS regulations state that H and L nonimmigrants are not deemed to have abandoned a pending adjustment of status application after travel abroad if they have a valid unexpired H or L visa to re-enter.
How to Apply for Advance Parole?
To apply for Advance Parole, individuals will need to complete Form I-131 and submit it to USCIS. The form can be filed electronically or through traditional mail. Along with the form, supporting documentation is required to demonstrate the need for Advance Parole, such as evidence of their pending application for adjustment of status or evidence of an emergency situation. If an individual is applying for Advance Parole based on an emergency situation, they will need to provide documentation that shows the emergency and why it requires them to travel outside of the country.
Upon submission, USCIS reviews the application and either approves or denies the request. Upon approval, an Advance Parole document is issued, which allows the individual to re-enter the U.S. after traveling abroad.
Conclusion
Form I-131 Advance Parole is an important document for non-immigrants who are in the process of adjusting their status in the United States. Without Advance Parole, individuals who leave the country may be considered to have abandoned their application for adjustment of status. By completing Form I-131 and providing the necessary documentation, individuals can apply for Advance Parole and obtain the travel document they need to re-enter the United States after traveling abroad. An Advance Parole Document typically holds validity for one year from the date of issuance by the United States Citizenship and Immigration Services and may allow for a single or multiple re-entries to the United States.
Hari Subhash, Esq.