Foreign nationals who have pending applications for adjustment of status (Form I-485) must obtain advance parole before traveling abroad in order to re-enter the United States. Leaving the U.S. without obtaining advance parole may be considered abandonment of the adjustment of status application. Adjustment of status applicants who have not obtained advance parole prior to traveling abroad may not be permitted to re-enter the U.S. without some kind of nonimmigrant visa and/or their adjustment of status application will be denied.
There are two main functions of Advance Parole:
- It enables a foreign national to come back to the U.S. after traveling abroad without obtaining a visa from a U.S. Consulate abroad; and
- It preserves the foreign national’s pending Adjustment of Status application.
Requirements To Apply For Advance Parole
Foreign nationals who have pending applications for adjustment of status must obtain Advance Parole so that they can re-enter the U.S. upon traveling abroad.
NOTE: A foreign national who leaves the U.S. without first obtaining advance parole is automatically considered to have abandoned his or her application for adjustment of status and may not be allowed to re-enter the U.S. If denied entry, he or she will have to do consular processing while remaining out of the U.S.
A. Who May Apply For Advance Parole?
Foreign nationals may apply for advance parole if they currently reside in the U.S. and have a bona fide reason to travel temporarily abroad and have:
- An application for adjustment of status pending; or
- Been granted benefits under the Family Unity Program; or
- Been granted temporary protected status; or
- An asylum application pending.
B. Who Cannot Apply For Advance Parole?
Foreign nationals are not eligible to apply for Advance Parole if they are:
- In the U.S. without valid immigration status; ➜ AP will be granted to you if you have AOS pending- regardless of travel- doesn’t mean you should travel…
- A beneficiary of a private bill;
- Under removal proceedings;
- Subject to the two-year foreign residence requirement due to having held J-1 status.
C. Who DOES NOT Require Advance Parole?
Certain foreign nationals are exempt from the requirement of Advance Parole. They are:
- Foreign nationals on K-3 and K-4 nonimmigrant visa categories;
- Foreign nationals on V-2 and V-3 nonimmigrant visa categories;
- Foreign nationals who were admitted in the U.S. as a refugee and are applying for adjustment of status one year after entry (these individuals may travel using their valid refugee travel document);
- Certain foreign nationals who are granted asylum and are applying for adjustment of status one year after the grant (these individuals may travel using a valid refugee travel document);
- Foreign nationals who have adjustment of status applications pending and hold a valid H or L nonimmigrant visa in their passport.
Advance Parole or Reentry Permit Comparison
|Features||Advance Parole||Reentry Permit|
|Issued to||Foreign nationals who have applied for Adjustment of Status to permanent residence||Permanent Residents of the U.S.|
|Appearance||The Advance Parole or Form I-512 is either a document with the holder’s photo on it or issued along with the Employment Authorization Card.||The Re-entry Permit looks similar to a passport|
|Validity||Valid for one year||Valid for two years|
|Apply from outside the U.S.?||No||No|
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