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aliens may be found inadmissible to the United States upon return,
their applications for adjustment or change of status may be denied,
or both.
Under the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, aliens
who depart the United States after accruing certain periods of unlawful
presence in the United States can be barred from admission, even
if they have obtained Advance Parole. Those aliens who are unlawfully
present in the United States for 180 days but less than one year
become inadmissible for three years; those who are unlawfully present
for more than one year become inadmissible for 10 years.
Aliens who have
concerns about their admissibility should contact an immigration
attorney or an immigrant assistance organization accredited
by the Board of Immigration Appeals before making foreign travel
plans.
What is Advance Parole?
Advance Parole is permission for certain aliens, who do
not have a valid immigrant visa, to re-enter the United States after
traveling abroad. Such aliens must be approved for Advance
Parole before leaving the United States. If they have not
obtained Advance Parole prior to traveling abroad, they will abandon
their application with the USCIS
and will not be permitted to re-enter the United States upon their
return.
Who needs Advance Parole?
Aliens in the United States who 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;
- an asylum
application pending; and/or
- an emergent
personal or bona fide reason to travel temporarily abroad.
Note:
Aliens holding valid H-1 (temporary worker in a specialty
occupation) or L-1 (intra-company transferee) visas and their
dependants in H-4 or L-2 status who have filed for adjustment
of status do not have to file for Advance Parole as long as
they maintain their non-immigrant status.
Who is not eligible for
Advance Parole?
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;
- the beneficiary
of a private bill; or
- under removal
proceedings.
How does one obtain Advance
Parole?
File USCIS Form
I-131 (Application for Travel Document), complete with supporting
documentation, photos and fee, at your local
USCIS office or the Service Center having jurisdiction over your
place of residence. This form is also available by calling 1-800-870-3676,
or by submitting a request through the USCIS forms
by mail system. After receiving USCIS Form I-131, read it
carefully and note the documentation and photos that must be submitted.
Detailed information is provided in the instructions. Further
information on forms, filing fees, and fee waivers is available
in Forms,
Fees & Filing Locations.
Does Advance Parole guarantee
admission into the United States?
No, Advance Parole does not guarantee admission into the
United States. Aliens who have obtained Advance Parole are still
subject to the USCIS
inspection process at the port of entry.
How Can I Check the Status
of My Application?
Contact the USCIS office that received your application, and be prepared to provide
specific information (see Checking
the Status of My Case).
How Can I Appeal?
If your application for advance parole is denied, you will
receive a letter that will tell you why the application was denied.
You will not be allowed to appeal a negative decision to a higher
authority. However, you may submit a motion to reopen or a motion
to reconsider with the office that made the unfavorable decision.
By filing these motions, you may ask the office to reexamine or
reconsider their decision. A motion to reopen must state the new
facts that are to be provided in the reopened proceeding and
must be accompanied by affidavits or other documentary evidence.
A motion to reconsider must establish that the decision was based
on an incorrect application of law or USCIS policy, and further
establish that the decision was incorrect based on the evidence
in the file at the time the decision was made. For more information,
see Appealing
the Denial of My Petition or Application.
HELP!
- Or, call
the national USCIS toll-free information service at 1-800-375-5283
- You may also
want to seek the advice of an immigration attorney, or an immigrant
assistance organization accredited
by the Board of Immigration Appeals.
The information
provided in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
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