Next, in this article we are going to talk about Advance Parole, in order to answer frequently asked questions about this topic.
What is an Advance Parole Document?
It’s the travel document that authorizes the re-entry of a foreigner to the United States.
What is an I-512 Advance Parole?
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It’s the document issued by the USCIS when it approves the travel permit. It can have 2 forms:
- The document properly known as I-512.
- The Work Permit Card that the immigrant receives and also serves as an Advance Parole. In fact, the document includes the phrase: “Serves as I-512 Advance Parole.”
Who can travel abroad and return without first obtaining the Advance Parole?
The exceptions correspond to people who have the following types of visa:
- H-1 temporary workers, H-4 spouse or the children of an H-1.
- K-3 spouse or K-4 child of a US
- Workers with an L-1 Visa who are transferred to offices in the US by the company, their L-2 spouse or the child of the L-1 worker.
- V-1 spouse or V-2 / V-3 children of a lawful permanent resident.
Upon returning to the United States, the holders of these visas must present their respective non-immigrant visas and not have any limitation to remain admissible in the country.
If I am or have been in the United States illegally, can I get Advance Parole?
Yes, you can get the travel document. The problem is that the foreigner who leaves the United States after being illegally in the country could be barred from reentering.
Upon accumulating more than 180 days of unlawful presence, but less than 1 year, the law establishes a 3-year restriction to re-enter the United States.
If the illegal presence extends for more than 1 year, the prohibition of re-entry into the country may be more than 10 years.
Before leaving the United States, foreigners with a history of unlawful presence should consult an immigration attorney for guidance on their situation to avoid making mistakes.
If I am outside the United States, can I also get Advance Parole?
In general, foreigners already outside the US cannot obtain Advance Parole. However, there are exceptions, for urgent humanitarian reasons or due to an important public benefit, a foreigner can obtain it.
Under what circumstances can the processing of Advance Parole be expedited?
The United States Citizenship and Immigration Services (USCIS, for its acronym in English) stipulates that the processing of the travel document can be expedited if any of these situations arise:
- An emergency.
- Serious financial loss for the company or person.
- Humanitarian reasons.
- When it is a non-profit organization and travels abroad for cultural or social activities of interest to the United States.
- At the express request of the Department of Defense or any other agency for a matter of national interest.
- Due to USCIS error.
In these cases, the processing of the request can take up to 30 days. However, when it’s an emergency request and depending on the case, the issuance of the document could be done the same day at the USCIS office.
How long can I stay outside the United States?
The validity of the travel document is 1 year, counted from the date of issue.
Does the Advance Parole guarantee that I can re-enter the US?
Definitely not. Even when the alien obtains the Immigration Parole, he is still subject to inspection by the Customs and Border Protection Service (CBP, for its acronym in English). This can occur at any US port of entry, in order to determine your admissibility into the country.
Foreigners deemed inadmissible are denied entry into the country. Similarly, an expedited removal process can be developed or be subject to removal proceedings before an Immigration Court.
What is the valid duration of the Advance Parole?
The document is valid for 1 year and during that period, a foreigner can make multiple entries to the United States. Additionally, it can be renewed as long as the application is submitted at least 120 days before the previously issued permit expires.
What is the difference between Advance Parole and a Reentry Permit?
- The Advance Parole is issued for an alien who doesn’t have permanent resident status, while the Reentry Permit is requested by a permanent resident of the United States.
- The 2 documents are different in physical appearance: The Advance Parole is a single sheet of paper with the foreigner’s photo, while a Reentry Permit looks like a passport.
- While the Advance Parole works like a visa to the US, the Reentry Permit works like a passport.
- The Advance Parole is valid for 1 year, while a Reentry Permit is valid for 2 years.