This article discusses the most frequently asked questions about travelling with Advance Parole.
If you applied for an Adjustment of Status on Form I-485 and your I-485 is pending, then you are eligible to travel outside of the United States without jeopardizing your I-485 Adjustment of Status application only if you first obtain an Advance Parole travel document.
The Advance Parole allows you to travel internationally and return to the United States without an underlying visa while you wait for your I-485 to be adjudicated and your green card approved. If you have an Advance Parole for a pending adjustment application you may be able to bypass a consular visit for a nonimmigrant visa renewal and return to the United States without a visa, which can be very convenient.
Moreover, the Advance Parole also allows you to travel outside the United States without abandoning your I-485 Adjustment application. Generally, if you are adjusting status in the United States, you need to obtain an Advance Parole document to travel abroad while your I-485 Adjustment of Status application is pending, otherwise USCIS will deny your adjustment for abandonment. Leaving the country without an approved Advance Parole document while your I-485 is pending will result in your application being considered abandoned and potentially denied.
Simply put, if you do not obtain an Advance Parole prior to travelling outside the United States while your adjustment is pending, your I-485 Adjustment of Status application will be considered abandoned, and you may not be re-admitted to the United States.
Furthermore, you must be in the United States until your Advance Parole application is approved and you receive the Advance Parole document. However, this does not apply to those who:
- Maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas,
- V nonimmigrants who have valid V visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and
- K-3/4 nonimmigrants who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
Advance Parole processing times are unpredictable, and expedited Advance Parole applications are harder to obtain. Generally, the processing time for Advance Parole is 8 to 10 months.
USCIS currently issues Advance Parole documents with a validity period of 5 years. The Advance Parole document allows for multiple entries into the United States during the 5-year validity period.
Can I get Advance Parole with EAD?
Yes, you can get Advance Parole with EAD. However, concurrent filing of Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) alongside Form I-485 (Adjustment of Status) leads to the issuance of separate EAD and Advance Parole documents as the issuance process has changed.
Previously, a single EAD card endorsed “Serves as I-512 Advance Parole” served for both work authorization and travel document. However, USCIS discontinued the use of EAD/AP “combo card” where you used to receive Advance Parole with EAD. Currently, you receive separate EAD and Advance Parole documents.
When USCIS approves the I-765 Application for Employment Authorization, you receive the EAD card without the Advance Parole endorsem*nt “Serves as I-512 Advance Parole.” You can use the EAD card solely for employment in the United States. You cannot use the EAD as Advance Parole to travel outside of the United States while preserving your adjustment application.
Instead, when USCIS approves the I-131 Advance Parole on its own, the Advance Parole is issued in the form of a standalone document known as I-512L Authorization for Parole of an Alien into the United States. This document includes the applicant’s photo at the bottom.
To travel outside the United States while your I-485 Adjustment is pending, you must use the original Advance Parole I-512L document. You cannot use the standalone EAD card to travel internationally with a pending adjustment.
What is my status when I enter the US using Advance Parole?
When you use the Advance Parole to enter the United States after a trip abroad, your status or class of admission is marked as “DA” on your I94 record. The “DA” class of admission indicates that you are an I-485 Adjustment of Status applicant, and you are in a period of authorized stay as long as your I-485 application remains pending. To check your I94 electronic record, please visit the CBP website.
However, if you were in H or L status and enter the United States with Advance Parole, then you can regain your valid, unexpired H or L status by filing an extension application with USCIS. Adjustment of status applicants may therefore reactivate their nonimmigrant status via an extension of status application, without the need of travel out of the United States.
Alternatively, adjustment applicants lacking a valid H or L visa stamp may consider automatic revalidation through travel to Canada or Mexico.
Please note that you are not able to regain F1 status or F1 OPT when using Advance Parole to enter the United States.
You should consult an experienced business immigration lawyer to explore your work authorization options upon returning with Advance Parole.
Do I need to extend my I-94 while I-485 is pending if I entered using Advance Parole?
No, you do not extend the I94 issued when entering on Advance Parole. When you enter the United States on Advance Parole, you receive a new I94 valid for 12 months from the date of entry.
As long as your I-485 is pending, you can remain in the United States past the expiration of your I94 issued for Advance Parole. You do not need to take any action or extend your I94 issued when travelling on Advance Parole as long as your I-485 is pending.
Can an F1 student apply for Advance Parole?
Yes, an F1 student applying for I-485 Adjustment of Status under any green card category, including family-based, employment-based, investment-based EB5 immigrant investor program or self-petition, must apply for Advance Parole in order to be able to travel outside the United States and return while the I-485 is pending.
As an F1 student with a pending I-485, if you do not have a valid Advance Parole before leaving the United States and if the Advance Parole is not valid at the time of your return, the I-485 will be considered abandoned.
Please note that a student being admitted using Advance Parole will no longer be in F1 student status but instead will become a parolee.
Do I still have F1 OPT if I used Advance Parole to come back to US?
No. If you have F1 status, F1 OPT or F1 STEM OPT with a pending I-485 Adjustment, and you travel outside the United States, upon reentry with Advance Parole, you are no longer in F1 status. Since you are no longer in F1 status, your F1 OPT or F1 STEM OPT are terminated. Instead, your immigration status becomes that of a parolee.
As you will no longer be in F1 status, you will need an EAD based on your pending I-485 to seek employment, or the H1B to be approved, if it is effective immediately. Since you will no longer be in F1 status, your OPT extension will be finished.
However, keep in mind that to maintain eligibility for the pending I-485 upon returning from a trip abroad, you must use a valid Advance Parole to re-enter the United States.
I am on F1 visa. Can I apply for OPT if I used Advance Parole to return to US?
No, you cannot apply for F1 OPT if you used Advance Parole to enter the United States. Upon reentry with Advance Parole, you no longer have F1 status but instead your immigration status becomes that of a parolee. Since you are not in F1 status, you cannot apply for F1 OPT and need an EAD based on your pending I-485 to work in the United States while waiting for your green card.
How long is an Emergency Advance Parole valid for?
An Emergency Advance Parole is granted for the amount of time required to attend to the emergency situation, ranging from couple of weeks to few months.
What happens if I travel while my I-131 Advance Parole is pending?
If you file form I-131 to request an Advance Parole to return to the United States after temporary travel abroad, you must wait until it is approved before leaving the United States. If you leave the United States before receiving the Advance Parole document, your application will be denied as abandoned. However, an exception exists if you already have a valid Advance Parole that covers your entire travel period.
What documents do you need to enter the United States with Advance Parole?
To enter the United States with Advance Parole after a trip abroad, you must present the following documents to CBP officers:
- Original Valid Advance Parole. This can be either EAD/AP combo card, if previously issued, or standalone Original I-512L document
- Copy of I-485 Receipt Notice
- Valid Passport
- Documents demonstrating travel purpose if any
Malescu Law can assist
Contact us,your experienced immigration lawyers in Miami, Florida, USA toschedule an appointmentfor your immigration case and apply for Advance Parole document. Our immigration lawyers have successfully obtained Advance Parole approvals for clients.
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