Traveling on Advance Parole

Sep 29, 2015 | Advance Parole

As a Miami immigration lawyer, I sometimes get questions about advance parole. Below are some frequently asked questions.

What is advance parole?
Advance parole (Form I-512) is an immigration document issued by the United States. It is not a re-entry permit; it is only issued by individuals without permanent residency. Advance Parole is permission for certain individuals, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. If you have any additional questions about advance parole, you may want to speak with a Miami immigration lawyer.

Do I need advance parole to travel if I am here on a non-immigrant visa and have applied to adjust my status to Legal Permanent Resident?
For most visa categories, you need advance parole from U.S. Citizenship and Immigration Services (USCIS) to travel internationally if you have applied to become a legal permanent resident (LPR).  Failure to obtain advance parole BEFORE departing the U.S. effectively invalidates your LPR application. It is not enough to have applied for advance parole; you must have received approval before you travel. Again, if you have any questions, you should speak with a Miami immigration lawyer.

Do I need Advance Parole?
If you fall into one or more of the following categories, you will probably need advance parole (check with a Miami immigration attorney first):

  • an application for adjustment of status pending.
  • been admitted as a refugee or have been granted asylum.
  • been granted benefits under the Family Unity Program.
  • been granted Temporary Protected Status.
  • an asylum application pending.
  • an emergent personal or bona fide reason to travel temporarily abroad.

Note: Aliens holding valid K-3 or K-4 visas, as well as H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependents in H-4 or L-2 status who have filed for adjustment of status do not have to file for advance parole as long as they maintain their non-immigrant status.

Are there any exceptions to the requirement or non-immigrant visa holders to apply for advance parole?
Yes there are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole.

Those here in H1B, L and K3/4 status – and their dependents – do not require advance parole to travel after applying to adjust their status. K1/2 visa holders who have married a U.S. citizen must apply for LPR status and advance parole prior to international travel. If you have any questions about the above – do not guess. It is best to speak with a Miami immigration lawyer.

Am I guaranteed admission to the United States with advance parole?
Advance parole does not guarantee admission into the United States. Aliens who have obtained advance parole are still subject to the CBP inspection process at the port of entry. However, individuals who would otherwise be automatically inadmissible due to a period of unlawful presence, will not be inadmissible if they have advance parole. Again, if you have any questions, you should certainly speak with a Miami immigration lawyer.

If you would like more information on advance parole, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at tmsilvalaw.com.