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I-131 Advance Parole (AP)

Advance Parole is a document that allows certain aliens to re-enter the United States after traveling abroad without an immigrant visa or non-immigrant visa. Such aliens must be granted Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they may not be permitted to re-enter the United States upon their return without obtaining some kind of visa.

Benefits
1) It enables an alien to come back to the U.S. after traveling abroad without obtaining a visa to the U.S.;
2) It preserves the pending Adjustment of Status or certain protected status that the alien has filed. Indeed, if the alien enters the U.S, on a visa instead of an Advanced Parole, the pending I-485 or a protected status may be considered as abandoned as a general rule.

Eligibility
Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:
•Filed an application for adjustment of status but have not received a decision from the USCIS;
•Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
•An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536

Any adjustment of status applicant who leaves the U.S. without advance parole is automatically considered abandoning his/her application for adjustment of status. Such a person will generally not be allowed back in the U.S. The person would have to do consular processing while remaining out of US.

Ineligibility
Aliens in the United States are not eligible for Advance Parole if they are:
•In the United States illegally;
•An exchange alien subject to the foreign residence requirement.

Please note that Advance Parole does not guarantee admission into the United States. Aliens with Advance Parole are still subject to the immigration inspections process at the port of entry.

Validity
Advance Parole (Form I-512) for adjustment applicants will be valid for a period which coincides with the time normally required for completion of an adjustment application not to exceed one year. (It means that it is valid for one year looking at the current status of adjustment of status processing.) It is usually valid for multiple entries. There will be three copies for one advance parole, one copy for the applicant, one copy for the USCIS at the port of entry and one for the airline (so that they let you board the plane without other valid visa).

Documents Needed
•A copy of any document issued to the alien by USCIS or former INS showing present status in the United States;
•An explanation or other evidence demonstrating the circumstances that warrant issuance of Advance Parole;
•If the alien is basing his or her eligibility for Advance Parole on a separate application for adjustment of status or asylum, he/she must also attach a copy of the filing receipt for that application;
•If the alien is traveling to Canada to apply for an immigrant visa, he or she must also attach a copy of the consular appointment.

 
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