Those who have filed an I-485 application adjustment of status must obtain advance parole before they travel outside the US while their I-485 application. Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security, at his or her discretion, to “parole into the United States temporarily under such conditions as he [or she] may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission into the United States.” Travelling outside the US without advance parole will result in abandonment of the application. It may also result in a finding of inadmissibility at the port of entry.
Nonimmigrants who are in H-1B or L-1 status do not need to apply for advance parole and can return to the US on the underlying H-1B or L-1 visa in their passports. Those in H-1B or L nonimmigrant status who travel on advance parole may be paroled to resume in H-1B and L status under USCIS policy established in the USCIS so called Cronin memo. Nonimmigrants in valid V-1 or V-2/V-3 status or K-3/K-4 status who have an I-485 application pending also do not need advance parole.
It is thus important for the adjustment applicants to obtain advance parole BEFORE departing the US by filing Form I-131. The processing times for an advance parole can be very long and can vary from one USCIS service center to another. These processing times are published on https://egov.uscis.gov/processing-times/. They are not exact processing times as the USCIS qualifies them by stating that 80% of cases are completed within the published processing time. Hence, the processing time may take longer or shorter than the published processing time.
Advance parole can also be granted to one who has been paroled pursuant to INA 212(d)(5) or to one who has been granted deferred action under the Deferred Action for Childhood Arrivals (DACA). The instructions to From I-131 provides details under which travel permission is granted under various situations. It should also be noted that if an individual who has been unlawfully present and is subject to the 3 or 10 year bar upon departing the United States, leaving the US under advance parole is not considered a departure for triggering the 3 or 10 year bars under INA 212(a)(9)(B) pursuant to Matter of Arrabally and Yerrabelly.
Expedited Processing of Advance Parole:
The USCIS has published criteria at https://www.uscis.gov/forms/filing-guidance/expedite-requests to expedite the processing of a number of applications including the I-131 application for advance parole. These include
Expedited processing of a travel document may be warranted when there is an unexpected need to travel abroad, for example, for a funeral. Expedited processing of a travel document may also be warranted when there is a pressing or critical need to travel outside the United States for a planned event, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When there is a request to expedite processing of a travel document for a planned event, we will consider whether the applicant timely filed Form I-131 or timely responded to a request for evidence.
Unfortunately, a desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel.
The best way to contact USCIS is by contacting the customer support number at 800-375-5283 once the I-131 receipt notice has been issued with the appropriate case number. There are other suggested ways too, set forth at https://www.uscis.gov/contactcenter in addition to calling the telephone number such as contacting USCIS’s chatbot, Emma. Submitting documents in support of the request in the USCIS online account is also required prior to contacting the USCIS.
Emergency Advance Parole:
An alternate way to request faster processing of advance parole is by requesting an emergency appointment if there is a pressing need to travel in less than 15 days. See https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel for further details. The USCIS includes the following examples that qualify for emergency parole:
Nonimmigrants who are in H-1B or L-1 status do not need to apply for advance parole and can return to the US on the underlying H-1B or L-1 visa in their passports. Those in H-1B or L nonimmigrant status who travel on advance parole may be paroled to resume in H-1B and L status under USCIS policy established in the USCIS so called Cronin memo. Nonimmigrants in valid V-1 or V-2/V-3 status or K-3/K-4 status who have an I-485 application pending also do not need advance parole.
It is thus important for the adjustment applicants to obtain advance parole BEFORE departing the US by filing Form I-131. The processing times for an advance parole can be very long and can vary from one USCIS service center to another. These processing times are published on https://egov.uscis.gov/processing-times/. They are not exact processing times as the USCIS qualifies them by stating that 80% of cases are completed within the published processing time. Hence, the processing time may take longer or shorter than the published processing time.
Advance parole can also be granted to one who has been paroled pursuant to INA 212(d)(5) or to one who has been granted deferred action under the Deferred Action for Childhood Arrivals (DACA). The instructions to From I-131 provides details under which travel permission is granted under various situations. It should also be noted that if an individual who has been unlawfully present and is subject to the 3 or 10 year bar upon departing the United States, leaving the US under advance parole is not considered a departure for triggering the 3 or 10 year bars under INA 212(a)(9)(B) pursuant to Matter of Arrabally and Yerrabelly.
Expedited Processing of Advance Parole:
The USCIS has published criteria at https://www.uscis.gov/forms/filing-guidance/expedite-requests to expedite the processing of a number of applications including the I-131 application for advance parole. These include
- Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for evidence;
- Emergencies or urgent humanitarian situations;
- Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States;
- Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests; and
- Clear USCIS error.
Expedited processing of a travel document may be warranted when there is an unexpected need to travel abroad, for example, for a funeral. Expedited processing of a travel document may also be warranted when there is a pressing or critical need to travel outside the United States for a planned event, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When there is a request to expedite processing of a travel document for a planned event, we will consider whether the applicant timely filed Form I-131 or timely responded to a request for evidence.
Unfortunately, a desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel.
The best way to contact USCIS is by contacting the customer support number at 800-375-5283 once the I-131 receipt notice has been issued with the appropriate case number. There are other suggested ways too, set forth at https://www.uscis.gov/contactcenter in addition to calling the telephone number such as contacting USCIS’s chatbot, Emma. Submitting documents in support of the request in the USCIS online account is also required prior to contacting the USCIS.
Emergency Advance Parole:
An alternate way to request faster processing of advance parole is by requesting an emergency appointment if there is a pressing need to travel in less than 15 days. See https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel for further details. The USCIS includes the following examples that qualify for emergency parole:
- An applicant who has a pressing or critical need to travel to obtain medical treatment in a limited amount of time.
- An applicant who has a pressing or critical need to travel due to the death or grave illness of a family member or close friend.
- An applicant who timely applied for a travel document and requested expedited processing, but their case remains pending, and they now must travel within 15 days for a pressing or critical professional, academic, or personal commitment.
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