Immigration Status

Advance Parole

3 min read

Definition

A travel document allowing a pending applicant to reenter the U.S. after traveling abroad.

In This Article

What Is Advance Parole

Advance parole is a travel document issued by USCIS that allows you to leave the United States and return while your green card application or other immigration petition is pending. Without it, leaving the U.S. before your case is approved typically results in automatic abandonment of your application.

Who Needs Advance Parole

You need advance parole if you're adjusting status in the United States and must travel abroad before USCIS makes a decision on your case. Common situations include family emergencies, business travel, or medical appointments. Advance parole is most relevant for people in adjustment of status (Form I-485), but it's also available to certain visa holders and asylum applicants.

If you're doing consular processing abroad, you don't need advance parole because you're already outside the U.S. However, if you entered on a temporary visa and are adjusting status from within the country, advance parole becomes your lifeline for necessary international travel.

How to Apply

You apply for advance parole using Form I-131, Application for Travel Document. You can file this concurrently with your Form I-485 (Application to Register Permanent Residence or Adjust Status) or file it separately if your case is already pending. The filing fee is $575 (as of 2024), though fee waivers are available if you qualify based on income.

Processing times vary by location. USCIS typically processes Form I-131 applications in 8 to 16 months, though expedited processing is available if you can demonstrate urgent humanitarian reasons, national interest, or significant public benefit. Once approved, you'll receive an Employment Authorization Document (EAD) card that serves as both your work permit and advance parole document.

Key Restrictions and Rules

  • Advance parole is valid for one year from the date USCIS approves it, and you can take multiple trips during that period
  • Each trip outside the U.S. must be to a port of entry with a CBP officer who can process your return. Not all border crossings handle advance parole returns
  • You must present your valid passport and advance parole document to CBP upon reentry, or risk being deemed to have abandoned your adjustment application
  • If more than one year passes without using your advance parole, it expires and you cannot travel without jeopardizing your pending case
  • Certain criminal convictions or immigration violations can result in your advance parole being revoked

Impact on Your Green Card Timeline

Using advance parole does not delay your green card decision. Your application continues to be processed while you're abroad. However, if USCIS issues a decision while you're traveling, you may need to return to the U.S. promptly to complete final steps, particularly if you need to complete your adjustment interview.

Priority dates remain unaffected. If you're in a visa category with retrogression or lengthy visa number wait times, traveling on advance parole doesn't reset your priority date or push you back in line.

Common Questions

  • Can I work while on advance parole? The I-131 approval document (Form I-766, EAD) authorizes both work and travel. Many people apply for both simultaneously. You can legally work in the U.S. during the entire period your advance parole is valid.
  • What happens if I'm outside the U.S. when USCIS approves my green card? You can still return on your advance parole and complete any remaining steps. However, consular processing may be required for final visa issuance depending on your specific category.
  • Is advance parole the same as parole? No. Parole is a discretionary immigration status granted by USCIS for humanitarian or public benefit reasons, and it remains in effect for two years. Advance parole is strictly a travel document that allows you to leave and return while your case is pending.
  • Form I-131 - the application form you submit to request advance parole
  • Parole - a distinct immigration status that differs from advance parole

Disclaimer: PetitionKit is a document preparation service, not a law firm. We do not provide legal advice or immigration strategy recommendations. Results may vary. Consult a qualified immigration attorney for complex cases.

Related Terms

Related Articles

PetitionKit
Start Free Trial