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Archived from our former blog, The Beacon.
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
Depending on what you are applying for, you would fill out different sections of the form. It is important to read all the instructions for the I-131 application, but to summarize the sections of the form:
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.
Comments (70)
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.
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.
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.
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.
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.)
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?
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.
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.