Top Five Questions About Advance Parole
Since issuing a reminder on advance parole last month, we’ve received several comments and questions. Here are some of those questions followed by our answers:
1. Why are some Advance Parole (AP) documents issued for multiple entries and some for a single entry?
Most AP documents are issued for multiple entries; however, they may be issued for a single entry. Please also keep in mind that the granting of AP is a discretionary action and USCIS is not statutorily obligated to issue AP.
2. Which parts of the Form I-131 do I complete if I want to apply for AP?
Form I-131, Application for Travel Document, is used for three things:
- Advance Parole
- Reentry Permits
- Refugee Travel Documents
Part 1: All applicants must complete this section.
Part 2: All applicants must complete this section.
Part 3: All applicants must complete this section.
Part 4: All applicants must complete this section.
Part 5: Only applicants for a reentry permit complete this section.
Part 6: Only applicants for a refugee travel document complete this section.
Part 7: Only applicants for advance parole complete this section.
Part 8: All applicants must complete this section.
3. I filed my I-131 application online, where do I send the supporting documentation?
Information about where to send your supporting documentation is provided when you submit your application electronically. You will be provided with a confirmation sheet when you submit your application online and you must place a copy of this confirmation sheet on top of your supporting documentation when you mail it to USCIS.
4. I have applied for a Green Card (Adjustment of Status) and have lived in the United States illegally, and recently received an AP document. Does this mean that it is okay for me to travel outside the U.S.?
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, individuals who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Individuals who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Individuals who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status (get a Green Card).
5. I have an emergency and need to travel, but don’t have AP, what should I do?
Applicants may submit Form I-131 and request expedited processing. Additionally, applicants may request an emergency AP document at their local USCIS field office, however, this should only been done in extremely urgent situations. To request emergency AP at your local office, please make an Infopass appointment and be sure to bring with you the completed I-131 application, two passport-style photos, the appropriate application fee, and supporting documentation verifying the emergency and the need to travel urgently. Please see our “Emergency Travel” page for more information.
Labels: advance parole
posted by USCIS Blog Team @ 1:51 PM
45 Comments
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45 Comments:
Thanks for posting the answers for above questions, most of which are already known to many that are involved in the immigration process with extensive backlog requiring submission of the I-131 each year. However, you have left out the answer to one very important question. The one where you need to explain why the dates on the renewed AP documents are not a continuation of the expiring AP document.
The USCIS website mentions 3 months as the processing time for the form I-131. Hence we submit the application according to these timelines. But when they are processed within 2 - 3 weeks, they do not continue from the last date of the expiring AP but from the date of issue of the new AP, hence we tend to lose around 3 months each time we renew our AP. Hence when we renew for 4 times due to the extensive pending backlog we have essentially paid for 4 years worth of AP but only receive 3 years worth of travel time document. I do not mind paying for the AP each year to ensure that I can travel outside the country, but I need to get what I pay for.
Kindly respond to this scenario and what measures are being taken to rectify this.
Still i have one query that how much time it will take to get emergency AP? like after doing all the process like you told above( submit I-131 form, photo, fees etc) after that how much time it will take to get AP?
Hello,
I'm afraid you didn't really answer the first question, with regard to why. Could you clarify a bit more? Also, if a person is planning multiple trips, but only received a single-entry AP, should s/he apply for another one right away, renew the first one, or possibly go to a local office and change it to multiple entries? Thanks.
My answer to first comment of Jamith: AP is not like EAD or Green card which once renewed , starts renewal period from date of expiry. Each AP is independent document normally valid for one year.If you feel USCIS issuing the AP in less time , then do not apply 3 month before but only a month. Each AP will start from date of approval of I-131 application and it has nothing to do with previous AP date of expiry.
Thanks for an article on Advance Parole.
Unfortunately, I think you have missed some of the most important questions; the answers to which can have a serious effect on people's status, pending AOS and validity of the Advance Parole document.
The number 1 question I see is :
Can I apply for Advance Parole from outside the US?
or
If I apply for Advance Parole whilst I am in the US, can I leave the US and have someone send it to me after it has been approved to use for reentry?
or
I am outside the US and my Advance Parole has expired. How can I return to the US?
Often this is also accompanied by additional information that they don't have and can't obtain H or L visa stamping.
I suggest they all look at:
http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf (Q26 and ADDENDUM V)
The other common question about Advance Parole is:
If I enter The US using Advance Parole, am I still in H1B status?
This is particularly pertinent when the dependent needs to maintain, or be admitted in H4 status.
I suggest they read this article http://www.murthy.com/news/n_efftrv.html and look at their I-94 after an entry using Advance Parole.
Many lawyers seem to misinterpret the Cronin Memo and give their clients extremely bad advice on this issue.
To Sjsu,
can you explain why is the AP not like an EAD? What other document can you find in this process that is not linked to the previous expiring document?
It seems that you have not read the previous blog:
http://blog.uscis.gov/2010/05/suggestions-from-beacon-readers.html
Please read the first suggestion and the USCIS response. It clearly highlights the fact AP is in fact similar to the EAD, hence the discussion around combining into a single document.
"If I apply for Advance Parole whilst I am in the US, can I leave the US and have someone send it to me after it has been approved to use for reentry?"
It is very well known that you have to have AP in hand before leaving to avoid abandoning the I-485 (unless you have a valid H1 visa.)
This is out of topic but just wanted to raise a question to USCIS.
On December 5, 2008 USCIS issued a memo in which USCIS hinted at quicker processing times for Schedule A applications? Any follow up on this? Here is the link to the memo - http://www.hammondlawfirm.com/downloads/CIS_Ombudsman_Schedule_A.pdf
Also what happened to Schedule-A category in Visa Bulletin?
To : At May 24, 2010 5:55:00 PM EDT , Anonymous .
My point is to help you and not to get into debate to prove one's point. In future the EAD may be combined with AP with endorsment " valid for entry into US". This is to reduce the cost and benefit adjust status applicants from filing of
I-131 repeatedly in case adjust status prolongs. So in short EAD will incorporate AP function too and then it will be renewed on expiry.
To JoeF:
Yes you can leave and some one can mail you the AP to reenter US. But what if AP is denied ? Even if approved as seen online and you leave and AP do not reach your address or gets lost as its sent by routine mail. Do rethink and decide accordingly.
@Sjsu:
"Yes you can leave and some one can mail you the AP to reenter US."
Not as far as I know. But it may be that they changed that recently. Do you have a pointer?
I read that USCIS is planning to raise fess for immigration related applications. I will be glad if that includes EAD and AP fees also.
Having waited for Green card for more than 8 years in the EB3 backlog, there would not be any good news than this.
I welcome USCIS to raise the fees generously. I will looking forward to pay more fees for my never ending EAD/AP applications. Just a reminder that I am paying on the average of $1000 every year for the past few years for EAD/AP alone.
I am sure the EAD/AP fees from the EB3 backlog applicants will be a steady stream of revenue in the years to come.
Thanks & Regards.
I married US citizen and my husband is going to apply for my green card, however, I have a 5-year-old daughter from previous marriage who's currently living out of the country. Can my husband apply visa or green card for my child the same time he file for my application?
Hi,
Can you please blog about the FBI Name Check program.
There are a lot of questions that need some clarification.
Thanks.
CK
If somebody is married to a permanent resident after the I-94 got expired, does it mean that if the greencard is approved, the person can not file for adjustment of status because her stay is unlawful?
hi, Sjsu, Thanks for replying, my doubt is cleared now - like you told Each AP will start from date of approval of I-131 application and it has nothing to do with previous AP date of expiry. I was worry about the Ap date of expiry, but it's cleared now as it is nothing to do with previous date. Thanks!
@ commenters,
Thank you so much for your input. Just a reminder that we cannot accept comments that violate our comment policy. These include comments with personal information such as email addresses, phone numbers, addresses, and so on. Unfortunately, we have had to reject a handful of very good comments because they contained personal information such as an email address.
I have been in the United States legally for the past 3yrs. i was granted asylum in 2007 and I applied for my wife and three kids. In 2009, I got a letter from USCIS saying I fall under 212(a)3(b) of the INA.
My 1-485 application has been pending since Sept 2008.
I have been missing my wife and kids for all these years and feel that my family is breaking apart. I have applied for a travel Document so that my wife and kids could meet me in a neighboring country and we all spend sometime. My travel document as well has been pending yet USCIS says it take 3months to process. What might the problem be? Is it an obligation for USCIS to issue travel document to people, or its their discretion? Am I in the first place authorize to go out and meet with my family in a neighboring country? What do I need to bring back as proof to show that I am not returning from the country I fear prosecution ?
JoeF,
"If I apply for Advance Parole whilst I am in the US, can I leave the US and have someone send it to me after it has been approved to use for reentry?"
It is very well known that you have to have AP in hand before leaving to avoid abandoning the I-485 (unless you have a valid H1 visa.)
Apparently not well known enough.
you said " ...have a 5-year-old daughter from previous marriage who's currently living out of the country. Can my husband apply visa or green card for my child the same time he file for my application? " absolutely... as long as the marriage with the US citizen took place before the child was 18 years old; she is his daughter as well. Since she is out of the country he needs to either do a I-824 form and sent it in now, as soon as you get your LPR, the US embassy in her country will call her for a visa interview
Better, if it was me I would petition for her separately and within about 8 to 12 months she should be in the States... If you have been married less than 2 years, both you and your daughter will get a Conditional residency greencard good for 2 years; 3 months before 2 years with green cards both of you will have to apply for removal of conditional residency form I-751 i think... hope this helps
Actually, JoeF is correct. If you read any of the forms or reams of information available online in this site it states clearly that if you leave while your I-485 is pending without your AP then you have abandoned your I-485.
I have a pending I485 and will be abondoning my H1 and switching to EAD/AP. I do the same for my wife (H4 to EAD/AP). What do I need to do for my 6 years old child? I guess that he only needs AP? Thanks.
"If somebody is married to a permanent resident after the I-94 got expired, does it mean that if the greencard is approved, the person can not file for adjustment of status because her stay is unlawful?"
Bump - I would like to know the answer to this as well!
Hello,
I am a French citizen getting married to a US citizen.
If I was getting married tomorrow,how long would it take before I could obtain authorization the leave the country for a trip abroad (2-3 weeks)?
(Assuming I'm filing all the required documents, how long is the whole process expected to last?)
Thank you for your help
Can i travel on approved Advance Parole (online status says approved 2 weeks ago). I haven't received paper document through mail yet. Can someone from my family can mail it to me once it arrived and i can re-enter to US based on that? I have an emergent situation to travel, and i expedited the process for that. It has been approved but waiting to be mailed from last 2 weeks.
Thanks for sharing this post
Our advance parole applications are pending over 3 months. The USCIS case status check site shows no progress an center processing time web page show 3 months processing time for advance parole documents. We need to visit home country for several important reasons but none are critical. We cannot book air tickets and they are getting expensive day by day because of upcoming Christmas and December holidays. What shall we do?
My advance parole document was approved but was lost in the regular mail that USCIS sent out to my address ( did not move in the last few years ). Have tickets to travel in November. Can anything be done about it?
I called the USCIS toll-free number and was told to reapply. But I have already paid the fees for it and I just need a copy of the document. Is there a way to request that.
Could we get some update on Advance Parole/I-131 processing delays. Many have been waiting for more than the normal processing time. More closer to the holidays of the year, many would want to visit families abroad. This is really affecting the bond that keeps the families intact. This seems a big gap or showing indifference in the USCIS' understanding of processing the Advance Parole/I-131 applications in time. And this seems more like an organization/institute not understanding its customer needs. Who that have been waiting, will wholeheartedly thank USCIS effort to resolve this sooner.
We have received our AP documents approved in 3 months and 20 days from NSC.
I filed for AP along with money order in June 2010. I've not received ducument in the mail as of October. I received a letter saying that it is lost in the mail and not returned by the post office and that I must file again and PAY AGAIN. Is this true? My address is correct. Please help. I have all receipt copies.
When can we expect approvals from TSC? I am supposed to travel in 2 days' time and have still not received my AP approval. It is so frustrating and disappointing when you are told that only a serious medical condition or severe financial loss can be reasons to expedite your application. It seems like these rules were made by people who don't have familes and who don't consider weddings, holidays, etc to be important enough reasons for an individual to visit his/her family.
When EAD and AP renewals are a sure shot way of generating revenue for the country, what is the motivation to issue green cards? After all, the Govt. can be sure we legal immigrants will work hard, pay taxes, contribute towards social security, and make sure we never do anything remotely illegal to jeopardise our lives here. And not to forget pay every year for these renewals that take their own sweet time to happen!
very informative article about Advance Parole..thanks for sharing this,i know a lot of information about this...
Immigration AP; useful but quite outdated.
It is interesting to read about this Advance Parole process. I'm based in Europe and have heard about the application procedures. In my opinion it sounds quite useful and I don't think that it is outdated.
My Advance Parole was approved more than a month ago according to online status on USCIS.com but I never received a hard copy.
After taking several Infopass appointments, filing several service requests and calling USCIS a dozen of times nobody from USCIS is able to tell me where it is!
I doubt it was lost, I never had any issues with mails (my EAD was approved the same day as Advance Parole and I received it within a week) and I haven't moved.
As the Advance Parole was approved, why can't USCIS just print another copy?
It's scandalous that USCIS ask applicants to apply again, pay again the fee and wait until they review the application which was already approved.
With the high price of USCIS fees, USCIS should use trackable mail if regular mail isn't reliable.
After doing some research I found out that some applicants who had their advance parole approved but never received it got in touch with the USCIS ombudsman which is here to help solving problems with USCIS. After the ombudsman investigation, it seems that USCIS sometimes didn't produced and mailed the Advance Parole document because they lost the pictures!
I submitted my case to the Ombudsman and to my congressman expecting they can figure out and solve this Advance Parole problem.
USCIS it's nice to have a blog but it would be even nicer to review with more care the applications that you receive...
Very informative comments about Advance Parole and the role of the Ombudsman above. Good luck with it. Hopefully it will get worked out quickly in your favor. Dr. Jackson
I had a similar thing happen with my A.P. as did the May 4th poster with it apparently getting lost. Online status showed an approval but I never received it. Do I have to pay again? How do I get another copy.
This is an AC21 portability rule related question. Most in my family each have an Employment Authorization Document (EAD). Our priority date is Feb, 2007. My son is 19, is going to college, has a job, and wants to move out on his own. I know that the USCIS, by law, require that a Change Of Address be submitted for each Alien #. Is it lawful for my 19 year old to live on his own?
@Sjsu:
"Yes you can leave and some one can mail you the AP to reenter US."
Can you tell us why you believe this to be true? We were wondering about this.
WHERE IS MY AP, MORE THAN F 3 MONTHS..TRAVEL DATES NEARING A WEEK ..NO HELP OF SR..WHAT OTHER OPTIONS DO I HAVE...FUNNY THING IS THEY APPROVED 2 OUT OF 3 FROM THE SAME PACKET...
I have a valid H1 authorization at this point valid till 2014. I am planning to visit my home country towards the end of the year and will need to re-stamp H1 visa as the visa stamp I have currently was for an earlier employer and I changed my H1 sponsorship in between. I am planning to file for GC in a couple of weeks. I have two questions:
1. Will I be able to secure an AP before November 2012?
2. If I get an AP, can I still get my H1 visa stamp renewed? Will it have any affect on my GC application?
Thanks & Regards... HB
Is it possible to request a change of Processing Center for an I-485 application?... if so, what is the process?...
Thanks for answering these questions. I would have liked to see how much time is required for these documents to be issued.
Dear USCIS Officer,
Current status: I-485 pending.
Family emergency: Father admitted to hospital in critical condition.
Immediately on 1/3/13, I filed my I-131 online and submitted supporting document to USCIS Texas Service Center.
On my Cover letter, i noted URGENT processing consideration. In this case, will USCIS treat as expedited processing. is the emergency travel and making appointment still applicable?
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