Immigration Solutions

Advance Parole – Marriage Green Card

Advance Parole – Marriage Green Card

What is Advance Parole?

Advance Parole is the re-entry permit that you must apply for if you wish to re-enter the U.S. after foreign travel while you are waiting for your Marriage based Green Card or Adjustment of Status Green Card.

If you do not have the Advance Parole re-entry permit and you leave the U.S., you may be denied re-entry.

If you travel outside of the United States while your green card application is pending before receiving advance parole, you will be deemed to have abandoned your green card application and it will be denied, unless you are in H-1B Visa or L-1 Visa status.  Advance parole generally takes up to 90 days to receive.

If you have any unlawful presence issues or you are an overstay, you should NOT use advance parole as you could be subject to a 3 or 10 year bar if you leave the country.

Furthermore, you should be aware that if you do use advance parole to re-enter the U.S. after a trip abroad, you will be treated as an “arriving alien”.

This can be problematic if you have any issues with your application.

The safe approach is to not use advance parole, except for in the case of an emergency situation, and even then you must be certain that you do not have any unlawful presence or overstay issues.

Remember, if you are on an H-1B or L-1 Visa, you do not need the Advance Parole Re-entry permit.

You may re-enter the U.S. on your H-1B or L-1 Visa, provided you are still in valid H-1B or L-1 status.

EAC and Advance Parole issued on the same card

In February 2011, U.S. Citizenship and Immigration Services (USCIS) began issuing employment and advance parole authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485.

An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485.

If USCIS approves both the Form I-765 and the Form I-131, the applicant may receive one card that will serve as both an employment authorization document and an advance parole document.

If Form I-485 has already been filed and Forms I-765 and I-131 are being filed together, use Form I-765 filing location instructions.

USCIS’ intake operations will process and send the forms together to the appropriate USCIS service center.

The documents required for Advance Parole are:

A copy of any document issued to you by the Service showing present status in the U.S., such as your visa and I-94.

If you are basing your eligibility for Advance Parole on a separate application for Adjustment of Status or asylum, you must also attach a copy of the filing receipt (I-797) for that application.

If you are traveling to Canada to apply for an immigrant visa, you must also attach a copy of the consular appointment.

How long is Advance Parole good for?

An Advance Parole document is generally valid for multiple entries into the U.S. for one year from the date of issue.

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document.  When visiting a local office to request emergency advance parole, you should bring the following items:

  • A completed and signed Form I-131, Application for Travel Document
  • The correct I-131 USCIS filing fee
  • Evidence to support the emergency request (e.g. medical documentation, death certificate)
  • Two passport-style photos.

How to File

To apply for an emergency travel document, you must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees.

Where to File

Where to file the Form I-131 depends on the benefit sought.  See the form instruction page for details.

Your local office may accept an emergency advance parole application if you are experiencing an extremely urgent situation.

Business trips, weddings, holiday parties, and other planned events would usually not be considered an emergency situation.

If you are filing Form I-131 for an emergency travel document at your local office based on an extremely urgent situation, you are encouraged to make an Infopass appointment first.