Advance parole how does it work

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Employment Law News. Big New Contractor Misclassification Penalties. IT workers are often misclassified as exempt because their Should a giant group of Wal-Mart employees be able to bring a Business Immigration News. Removing the per-country quota will have the biggest impact Advance Parole and Travel Documents. Advance parole allows an alien to travel abroad without abandoning a pending adjustment application. View active tab Generate PDF.

Advance Parole Advance parole is generally valid for one year and may be for a single re-entry or multiple re-entries to the United States. The Travel Document Permanent residence is not permanent. Related Subjects:. Adjustment of Status. Call us at Save this page. Another difference is the duration: Advanced Parole is valid for one year, whereas a Re-entry Permit is valid for two years.

A: The only limit to the amount of time is the one-year expiration date on the AP. The year period begins from the date the AP is issued. You cannot use the AP after it expires. Q: Who needs an Advance Parole? A: Aliens in the United States who wish to travel abroad but have: An application for adjustment of status pending; Been admitted as a refugee or have been granted asylum; Been granted benefits under the Family Unity Program; Been granted Temporary Protected Status; or An asylum application pending.

Q: What are the benefits of Advance Parole? Q: Who is not eligible for Advance Parole? A: Aliens in the United States are not eligible for Advance Parole if they are: In the United States without a valid immigration status; An exchange alien subject to the foreign residence requirement; In possession of a previously issued re-entry permit or refugee travel document which is still valid, unless it was returned to USCIS or it is demonstrated that it was lost; The beneficiary of a private bill; or Under removal proceedings.

Q: How does one obtain Advance Parole? Q: How long does it take to get an Advance Parole approved? A: It usually takes about two to three months to process an Advance Parole application. After filing an Adjustment of Status application, the intending immigrant is allowed to live legally in the United States and apply for a work permit while awaiting an interview at an office of U.

At that interview, or soon after, the application for permanent residence will normally be either approved or denied. However, the wait for an interview is often many months long, and numerous immigrants wish to travel outside the United States during that time.

Perhaps they'd like to visit their home country or simply take a vacation. But without advance planning, such travel can destroy one's immigration case.

For starters, if the immigrant doesn't apply for an receive what's called "Advance Parole" before leaving, USCIS will assume the immigrant is no longer interested in the green card and is "abandoning" the application. USCIS will then cancel the case and you'd have to start over. By applying for Advance Parole, you can get a travel document that gives you permission to return to the United States in order to resume your Adjustment of Status application when your travel is completed.

Travel documents do not guarantee that the border agent will allow you back into the United States, however. If you have any reason to suspect that you might be turned away at the border, you should carefully consider whether or not you need to travel before your green card application has been approved.

For example, If you have been in the United States for any amount of time without legal immigration status, then leaving the United States under most circumstances will trigger a bar from re-entering the United States for either three or ten years , depending on how long you were in the United States without status.

With Boundless, you get a professionally assembled green card application package — including the travel permit application — arranged in the precise format the government prefers. Learn more , or check if you qualify for a marriage-based green card.

How do I know if I need a travel permit? If you are in the U. Otherwise, if you leave without the travel document, USCIS may consider your green card application abandoned. If you already have a green card, and wish to leave the U. When can I apply for my travel permit? You can apply for a travel document at the same time as you submit your green card application. You can also apply afterwards, if your application is still present. Sometimes it can take up to five months to receive a travel document, however, so at Boundless, we recommend applying for it as soon as you can.

Green Cards, Explained. Average Green Card Processing Times. Marriage Green Cards, Explained.