What Is Advance Parole?

Advance parole is a type of travel document issued by U.S. Citizenship and Immigration Services (USCIS). This document allows an immigrant who is present in the U.S. to leave and then return to the U.S. without a visa. While an advance parole document typically authorizes you to reenter the U.S., however, it does not guarantee your reentry. Ultimately, a U.S. Customs and Border Protection (CBP) agent at the airport or border crossing will determine whether you can reenter the country. There are two main situations in which you might get advance parole. First, if you have filed an application with USCIS to adjust your immigration status or register your permanent residence, you cannot leave the country without an advance parole document. Subject to a narrow exception, USCIS will deny your application if you leave the U.S. without first obtaining advance parole. Second, if you have applied for asylum and/or withholding of removal, you must obtain advance parole before leaving the country. Otherwise, USCIS will assume that you have abandoned your application. You must completely fill out and sign Form I-131 and submit it to USCIS in order to get advance parole. If you fail to completely fill out or sign the form, USCIS will reject your application. There is a $575 filing fee that must accompany your application. Essentially, advance parole has two functions. It allows you to travel abroad without having to get a visa to reenter the U.S. Advance parole also preserves your pending application with USCIS, whether it is an application for asylum or for an adjustment of status. This means that you won’t have to start all over with an application once you return to the U.S., and USCIS will not think that you have abandoned your application. When you or a loved one are detained and face deportation for any reason, Landerholm Immigration, A.P.C. is here to help. We care about you, your family, and your ability to remain in the U.S. As a result, our California deportation defense lawyers stand ready to build the strongest possible deportation defense case on your behalf. Contact your Oakland immigration lawyer today and learn how we can advocate for you and your family in your deportation proceedings.

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