Essential Travel Tips for Green Card Applicants Using I-131 Advance Parole

The I-131 Application for a Travel Document is a USCIS form used to apply for various travel-related documents, including Reentry Permits, Refugee Travel Documents, TPS Travel Authorizations, and Advance Parole Travel Documents.

This blog covers Advance Parole for individuals applying for Adjustment of Status (Green Card) who are presently living in the U.S. and intend to travel internationally while their application is being processed. For inquiries about other uses of this form, please contact us.

Who Needs an Advance Parole?

For green card applicants living in the U.S., traveling outside the country without Advance Parole while their application is pending may lead to the abandonment of their Green Card Application. If you travel without AP, USCIS may consider your Green Card Application abandoned and terminate your case. This would require you to reapply, a process that can be both lengthy and costly. Advance Parole permits you to travel without needing another visa or invalidating your pending Green Card application.

When to Apply for Advance Parole?

The most typical, cost-effective, and efficient method is to submit the I-131 form along with your I-485 Application for Adjustment of Status (also known as a Green Card Application). However, if you didn't submit the request with your Green Card Application, you can still do so later without incurring an extra fee. Be sure to include a copy of the pending I-485 Receipt Notice provided by USCIS.

How to Apply for Advance Parole?

To apply for advance parole, you must complete USCIS's Form I-131, the Application for Travel Document. This form serves various application and travel-related purposes, so please adhere closely to its instructions. Additionally, you will need to provide a passport-style photo of yourself.

If you are traveling with other family members who have pending Green Card Applications, a separate request must be filed for each individual.

Processing Time and Expedited Processing Requests

The processing time for an AP request can vary and sometimes take several months. In certain situations, you can request USCIS to expedite the processing of your request. USCIS evaluates all expedited requests individually.

USCIS will consider an expedited request if it meets one or more of the following criteria or situations:

• Significant financial loss to a company or individual.

• Emergencies and urgent humanitarian reasons include, but are not limited to, illness, disability, extreme living conditions, family death, or a critical need to travel for medical treatment within a limited time.

• A nonprofit organization (as recognized by the Internal Revenue Service) whose request promotes the cultural or social interests of the United States.

• U.S. government interests (cases identified as urgent by federal agencies).

Not every case that falls into these categories will be expedited. USCIS has the discretion to grant or deny such requests.

Returning to the U.S. with Advance Parole?

Upon returning to the U.S., a parolee will undergo inspection by Customs and Border Protection (CBP), which will decide whether to "parole" the individual back into the United States. During this inspection, CBP can deem the person inadmissible and deny reentry. Even with an Advance Parole document, CBP retains the authority to refuse entry. Previously, this was an issue for individuals who had been unlawfully present in the U.S. for 180 days or more, and it remains a concern for anyone inadmissible for other reasons.

If you think you might be inadmissible, please consult an immigration attorney.

For more information, please contact us.

*This article has been prepared for general information purposes only. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change. Readers should consult an attorney for advice on any specific legal matter.