Aware that for Advance Parole Form I-131 should be filed in US?

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According to immigration law of the US parolee is a person who is allowed to enter US even if the technical requirements for a visa are not met. In case a person legally staying in the US needs to travel outside US and return without a visa it’s termed as advance parole. Greater inquiry of application happens now since 9/11.

Immigration document issued by the United States is an advance parole. It is only issued to aliens without permanent residency; it is not a re-entry permit. Permission for certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad is advance parole. Aliens who have applied to adjust their status to that of permanent resident or to change non-immigrant status can use this option.

Before the applicant leaves the United States advance parole must be approved else in general any residency application will be denied. For aliens travel outside of the United States may have severe consequences, also for who have been unlawfully present even if they have obtained advance parole. But even with advance parole admission into the United States is not guaranteed. At the port of entry aliens who have obtained advance parole are still subject to the Customs and Border Protection (CBP) inspection process.

Who should apply using Form I-131?

When a person’s green card application is being processed for some emergency business or personal reasons that person might have to travel outside U.S. That’s when the advance parole need occurs.

As a non-immigrant if you have entered US and have applied for extension of the period of stay or change to a different status you are not supposed to leave US until the application is processed by USCIS.

If based on refugee or asylum status you have got lawful permanent resident status you are subjected to special rules when applying for this parole. A separate Fact sheet needs to be filled in the INS formsI-131 when applying.

Documents for submission

At a local office you can get the application for advance parole in an extremely urgent situation. Remember to take along:

  • Completed and signed application for travel document, Form I-131
  • Current filing fee for Form I-131 of $445 which includes the $360 filing fee plus the $85 biometric fee.
  • Proof for the emergency situation like a death certificate or medical records
  • Two identical passport photos

You need to make an ‘info pass’ appointment first with the local office for emergency situations. In addition to application complete biometric details from an Application Support center is required.

If a application for adjustment of status is pending for the applicant approval for the advance parole is a must. Traveling without approval may lead to termination of application of status adjustment. But in case applicant has say an L-1 or H-1b status and have valid visas also they are exempted and can travel.

Using this if a person is going out of U.S. he/she needs to travel by road to Canada and submit to them one parole document. They will issue a new I-94 Form after they stamp another parole document and your passport. Applicants with application pending for any immigration benefits can reenter US only with this Form I-131 document after traveling abroad.

 

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