By Natalie McQuilkin
If you need to travel abroad but have a pending immigration status, you will want to apply for advance parole, a travel document that allows certain noncitizens to temporarily leave the U.S. and return legally. In today's post, we will break down the basics of advance parole, including who is eligible and how to apply.
What is Advance Parole?
Advance parole (formally known as Form I-512L) is a document that allows individuals with certain immigration statuses to travel outside the United States and re-enter the country without abandoning their pending immigration cases. In certain cases, advance parole allows travel for those who need to leave the country for urgent reasons.
Who can apply for advance parole?
Non-citizens who can apply for an advance parole document, including the following:
- Those with Temporary Protected Status (TPS)
- Those who have been granted Deferred Action for Childhood Arrivals (DACA)
- Those who have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and are waiting for green card approval
- Those who have applied for asylum
You should be aware that some non-citizens—such as asylum seekers, DACA recipients, and holders of certain humanitarian visas—must provide a reason for leaving the United States with advance permission. Let’s take a look at what this means for each of these immigration statuses.
- If you are an asylum applicant, you must provide documentation showing that there is an urgent need to leave the US, but it is generally recommended that you do not leave the country or return to your country of origin, as it could affect your case.
- If you are a DACA beneficiary, you must provide documentation of the reasons for travel. This may include humanitarian reasons, such as medical treatment, attending a funeral, or visiting a sick relative. You may also travel abroad for educational or work-related reasons, such as attending a school abroad for a semester or traveling abroad for interviews, conferences, etc.
- If you are a beneficiary of a humanitarian parole, you can only leave the country for urgent humanitarian reasons, as mentioned in the previous point.
- If you have a pending green card application or TPS application, you generally do not have to provide documentation explaining the reason for your trip abroad.
Because advance permission, in some cases, requires specific explanations and documentation, it is essential that you work with a trusted immigration attorney—such as our attorneys here at Eagan Immigration—to ensure you have everything USCIS requires to travel outside the country. Even if your immigration status does not require you to provide a specific reason for traveling outside the United States, it is a good idea to discuss your plans with an immigration attorney before traveling outside the United States.
How do I apply for an advance permit?
If you wish to travel outside the United States with advance permission, you must first apply for a travel authorization. You can do so by filing Form I-131, Application for Travel Documents, Parole, and Entry/Exit Records, which costs $630. As mentioned in the previous section, you may be required to provide documentation justifying the reason for your departure from the country. Documentation for these cases may include medical records for an ill family member, a death certificate, a program acceptance letter, an enrollment letter, or a letter from an employer, just to name a few. Working with an immigration attorney ensures that you have the correct documentation and that your form is filled out correctly, minimizing errors that could prevent you from obtaining your advance permission. As of December 2024, USCIS takes an average of 12.6 months to process Form I-131. Because this is a long wait—especially if you need to leave the country for urgent reasons—you can file a request to expedite your pending application at least 45 days before you intend to leave the country, if possible.
If U.S. Citizenship and Immigration Services (USCIS) approves your Form I-131, they will issue you a Form I-512L, Authorization for Parole (or a Form I-512T if you are a TPS beneficiary). This document is important because it proves that you have permission from the Department of Homeland Security to travel abroad and re-enter the United States without losing your immigration status. If you are applying for advance parole with a pending application to adjust status, many times this Form I-512L is included as part of your Employment Authorization Document. If this is the case, it will state at the bottom of the card: “Serves as I-512 Advance Parole.” Once you receive your Form I-512L, you must carry it with you when you travel. You will need to present it to board your return flight, or if you are traveling by car, you will need to present it to U.S. Customs and Border Protection (CBP) officers.
Risks of Traveling with Advance Parole
Although advance parole can reduce your stress while traveling abroad, it is important to keep in mind that this travel document does not guarantee reentry into the United States. When you reenter the United States, a U.S. Customs and Border Protection (CBP) officer has the ability to deny you reentry into the country. There is a possibility that he or she may determine that you are inadmissible, especially if you have a prior deportation order that you are unaware of. Because of this, you should speak with an immigration lawyer to determine if traveling with advance parole would be too risky regarding your specific case. Reentry into the country can be especially risky for certain noncitizens. DACA applicants may face risks while traveling outside the country because they have prior unlawful presence in the U.S. A CBP officer could consider this unlawful presence as inadmissible and
giving the DACA recipient a three- or ten-year ban from entering the U.S. If you have multiple previous entries as a DACA recipient, you could even face a permanent ban. The same goes for asylum seekers. These applicants may also run the risk of losing their asylum interview while outside the country. If you are waiting for your green card to be approved, there is a chance that your green card application could be denied while you are outside the country, leading to your advance parole no longer being valid. Therefore, you could be barred from re-entering the country.
Can I travel without advance permission?
Traveling as an undocumented immigrant without advance parole is very risky. If you leave the country without advance permission, it could be considered that you have abandoned your immigration application, if you have one. You could also face denial of re-entry or even deportation. Furthermore, given the uncertainty surrounding how the next presidential administration will affect immigration in the United States, it’s best to apply for prior authorization to avoid these risks.
Next steps
Advance parole can be a complex process, and the attorneys at Eagan Immigration are here to answer your questions about your eligibility, help you with your applications, and provide guidance on traveling outside the country.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
This information is for educational purposes only and does not constitute legal advice.
References
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G-1055, Fee Schedule, U.S. Citizenship and Immigration Services, (November 20, 2024), https://www.uscis.gov/g-1055?form=i-131, (last visited November 25, 2024).
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Kristina Gasson, Can I Leave the U.S. While My Asylum Case Is Pending? NOLO, (May 3, 2024), https://www.nolo.com/legal-encyclopedia/can-i-leave-the-us-while-asylum-case-pending.html, (last visited Dec. 2, 2024).