What is advance parole?
Most commonly, advance parole is filed with form I485, Application to Register Permanent Residence or to Adjust Status. This is the form that is filled out to apply for permanent residency or a “green card.” Advance parole allows individuals to travel outside the United States while the form is pending without abandoning the form. Certain applicants will have their case denied if they travel to a foreign country while their I485 applications are pending and they do not first obtain Advance Parole.
Who can apply?
In addition to those seeking permanent resident status, those who hold Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) can also apply for advance parole.
For those who have had action deferred under DACA (Form I821D), it is possible to travel abroad for educational, employment, and humanitarian purposes. Humanitarian purposes including traveling abroad for medical care as well as traveling to visit ailing relative residing abroad. Each individual purpose requires a separate type of proof relating to the reason for travel. An immigration attorney with experience, such as Cristina M. Hughes, can orient you in what type of proof is necessary to obtain the travel document.
What are the benefits?
Advance Parole is one of the only options for travel outside the United States in certain cases. Specifically, for DACA and TPS, the benefits may be larger than anticipated. First, you may travel outside the United States to take care of necessary business including visiting a sick relative or family members that you have not seen in many years. Additionally, if you are married to a United States citizen yet have not filed any forms with immigration, Advance Parole may help resolve the issue of unlawful presence in certain circumstances. This means that in certain cases, you may no longer require an unlawful presence (I601/A) waiver after your return to the United States with advance parole.
Take Precautions
While it is possible to depart and return with Advance Parole, it is important to consult with an immigration attorney to discuss the risks and benefits of applying for advance parole. Depending on the specific facts of your situation, it may be advantageous if done properly. Contact Cristina to make an appointment in our South Lake Tahoe or Carson City office to see if Advance Parole is a good fit for you.
