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Traveling with Advance Parole in 2024

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Introduction

This guide contains information on advance parole and what to expect before, during, and after traveling abroad.

USCIS continues to accept and adjudicate advance parole applications filed by DACA recipients.

*The September 13, 2o23 order from the Southern District of Texas and the ongoing DACA litigation has not stopped USCIS from issuing advance parole documents to DACA recipients. If that should change, USCIS will provide updated information.

Advance parole is a procedure by which certain noncitizens receive permission to reenter the U.S. after temporarily traveling abroad. This is a process that is part of the government’s broader authority to parole (or allow someone into the U.S.) based on its discretion.

U.S. Citizenship and Immigration Services (USCIS) issues an advance parole travel document to travelers before they depart the U.S. While these travelers may use this document to travel back to the U.S., entry to the U.S. is dependent upon the discretion of the Customs and Border Protection (CBP) officer at a port of entry.

U.S. Citizenship and Immigration Services (USCIS), which is an office within the Department of Homeland Security (DHS), adjudicates applications for advance parole.

Advance parole is an option for certain noncitizens within the U.S. This includes recipients of Deferred Action for Childhood Arrivals (DACA), recipients of Temporary Protected Status (TPS), T and U visa holders, and most applicants who have already applied for a green card. In this guide, we will discuss advance parole for DACA recipients.

• You cannot apply for advance parole if your DACA, employment authorization document (EAD), has expired and you have not submitted a renewal. If you apply for advance parole and your DACA expires while you are awaiting adjudication, you may supplement your advance parole application by mailing USCIS a copy of your new DACA approval notice. USCIS may also issue a Request For Evidence (RFE) to show that your DACA has been renewed.
• You may also need a visa if you are traveling to a country that requires you, as a citizen of your country of origin, to have a visa to enter.
• Study abroad programs or academic research
• Overseas assignments, conferences, interviews, trainings, or client meetings
• Humanitarian purposes include, but are not limited to Seeking medical treatment, visiting an ailing relative, or attending funeral services for a family member.
• Please note that this USCIS guidance is not an exhaustive list of examples. For example, an educational purpose may be a program through a private educational program or a non-profit organization. A humanitarian purpose might be a religious or other humanitarian mission. If the purpose for which you are seeking to travel is not listed, we suggest that you consult with a legal service provider . They can help you understand if your travel fits within a valid purpose.
• Before you apply for advance parole, you should consider consulting with a legal service provider to determine risk and eligibility based on your legal situation.
• Prior case in immigration court, whether or not you actually went to court or the case resulted in a removal order
• Contact with the criminal legal system (arrests, charges, or convictions), even if it did not make you ineligible for DACA
• Multiple prior entries to the U.S. without permission to re-enter
• Immigration-related fraud or misrepresentation to the government

Step #1 Check Eligibility

It is crucial that you check if you are eligible for advance parole. Things such as removal orders, unlawful presence, and other factors may make it difficult to come back to the United States after traveling with advance parole. Check with a lawyer if you are eligible and read the following section before applying for advance parole. 

There are various ways to get information about your immigration history.

• This is the easiest way and best way for most people to find out whether they have a removal order. 
• Please note that this system may not capture all information! A person’s information may simply not appear in this automated system. Others may have been assigned two different A numbers, depending on their immigration history. Make sure you check all your (and your family’s) immigration documents to see if you have more than one A#. Confirm that the A# associated with your DACA is the same one on any other immigration forms. 
• File a Freedom of Information Act ( FOIA ) request and ask for a copy of your “entire A file.” There are several different immigration agencies that may have your records: the immigration courts are within the Executive Office for Immigration Review ( EOIR ); USCIS will have records of any applications that you have filed; and  ICE and CBP may have records of any contact you have had with these agencies. Please note that each agency has different processing times for FOIA requests and it may take several months to look at your request and produce records.
• File a request for an FBI background check .
• Ask the people who brought you to the United States and/or your guardians growing up whether you were ever stopped by an immigration official, had any immigration court dates, or were in removal proceedings. If they are unsure, try the steps suggested above.

If you have a removal order and travel outside the country, you will execute that removal order. This will trigger negative immigration consequences, like being barred from re-entering the United States.

Step #2 Apply for Advance Parole

• Write a cover letter: Explaining the purpose of travel and summarizing the documents included in your application ( see example )
• Fill out the advance parole application: USCIS Form I-131 (Read the instructions carefully!) Currently, you must file a paper application and cannot apply for advance parole through the myUSCIS portal. Here are instructions on how to fill out the application. The instructions are general and not legal advice.
• Write a statement explaining purpose of travel
• Gather evidence supporting purpose of travel (see chart below)
• A copy of your most recent DACA Approval Notice (USCIS Form I-797)
• A copy of your Employment Authorization Document
• Two passport-sized photos
• Application Fee (currently $630) personal check, cashier’s check or money order payable to the “U.S. Department of Homeland Security”. For the latest USCIS fees, visit their website .

The following chart suggests some forms of evidence that can help applicants with DACA demonstrate their valid purpose for traveling abroad on advance parole. For additional help in determining what sorts of documents to provide as evidence supporting your reason to travel, see the “ General Requirements ” portion of the USCIS instructions, on Page 8 at 1.c.(5).

Make two copies of your entire application. Keep a set with you and leave one with your attorney or family member. It is a good idea to travel with a copy of your application to show your purpose of travel when re-entering and ENSURE you travel with the original copy of your advance parole approval form I-512l.

You can submit your complete Form I-131 and supporting documents to USCIS by mail. You can find out the specific direct filing address to use by visiting the USCIS website and clicking on the “Consideration of Deferred Action for Childhood Arrivals” subheading.

If you are experiencing an extremely urgent situation, you may request an emergency advance parole appointment at your local field office. Please see our guide on emergency advance parole .

If you are not traveling for emergency reasons, it is recommended that you submit your application more than six months before your desired date of travel. Processing times are unpredictable and vary.

Yes, you can include multiple reasons for which you need to travel.

Yes, this falls under a humanitarian purpose for traveling. Many people who did not have the opportunity to attend their family members’ funerals would like to visit their graves. This reason is not time-limited or limited to immediate family members; however, it is important to describe why this visit falls under a humanitarian purpose.

If the relative is more distant, you should describe why this relationship was so important (e.g. an aunt who raised you when you were a child). If their death was a long time ago, explain why you were unable to attend until now (e.g. you were a child, you didn’t have DACA, COVID made travel unsafe, etc.).

Yes! DACA recipients can request to travel abroad for medical reasons, which falls under the humanitarian travel purpose.

If the DACA recipient needs to travel abroad for their own medical reason, they should submit documentation from their doctor or dentist with their diagnosis, the treatment required, and how long it will take. They should also provide evidence, such as their own statement, on why they can’t obtain the specific medical treatment in the U.S., such as lack of health insurance or unaffordability.

If this is an urgent situation and you need advance parole immediately, see this guide.

Yes, DACA recipients may travel abroad to care for a relative who is undergoing a medical procedure. In this scenario, they should provide a letter from the relative’s doctor explaining when the procedure will take place and whether a caregiver is required. The DACA recipient should explain in their statement why they need to be a caregiver in this situation.

If this is an urgent situation and you need advance parole immediately, see this guide .

No. DACA recipients can only travel for educational, employment, and humanitarian purposes.

The Form I-131 instructions (see pp. 10-11) lists what documents an advance parole applicant should attach to their application and provides some suggestions of acceptable evidence. For the specific purpose of traveling (educational, employment, or humanitarian), it really depends on the reason!

It helps to think through the “who, what, when, where, and why” of your travel plans. Do you have evidence to answer each of those questions? It is especially important to include the time frame for the travel and why you need that period of time.

EMERGENCY Advance Parole as a DACA recipient

Risks of traveling abroad.

The advance parole document authorizes parole, but the decision to parole (or allow someone to physically enter the U.S.) is up to the discretion of a CBP officer at a port of entry. That could be either at the border or an airport. Certain circumstances may heighten the risk of being denied entry. It is important to consider the risks and be prepared for any potential situations that may arise.

Risk Factors to Consider:

• Traveling outside the parole date authorized by the advance parole document
• Traveling when DACA authorization (reflected on the dates on your employment authorization document) has expired
• Prior deportation or “voluntary departure” order
• Multiple prior periods of unlawful presence in the U.S.
• Contacts with the criminal system — whether they resulted in a conviction or not — that could lead to an “inadmissibility” finding

If any of these apply to you or you are not sure, always consult with an immigration attorney prior to traveling or applying for advance parole.

• Eligibility for a green card through Adjustment of Status rather than consular processing: If a DACA recipient initially entered the U.S. without inspection, traveling abroad on advance parole may have a positive effect on future immigration applications. If such a person is applying for a green card, they would generally have to complete the application at a U.S. Consulate in their home country, a process known as consular processing. With an entry on Advance Parole, a DACA recipient would be able to complete the green card “adjustment of status” process in the U.S.
• DACA Renewal: Trouble renewing DACA because you traveled outside of the advance parole dates or traveled with an expired DACA.
• Permanent Bar: If a person was deemed inadmissible under the “permanent bar” they will be denied entry into the U.S. They might be able to apply for permission to re-enter the U.S. after being outside the country for 10 years.
• Waiver for future Re-entry: If a person was deemed inadmissible due to contact with the criminal justice system, they might be denied entry into the U.S. They would need to be eligible for a waiver to legally re-enter in the future.
• Hinge future residency on physical presence in the US: If there’s any legislation for pathway to citizenship that is contingent on someone’s physical presence in the U.S. on a specific date. (e.g. DACA, that requires an individual to prove that they were in the U.S. on June 15, 2012). If someone is not physically present on that date, there might be a small risk that they would not be eligible.

Step #3 Preparing to Travel

Preparing to leave the U.S. with advance parole is CRUCIAL! When you return to the United States, you will go through Customs and Border Protection (CBP) inspection where you will be questioned by a CBP officer. You MUST pack your original advance parole document along with other important documents. Otherwise, you may not be allowed back in the U.S. Carry your original:

• Current, valid passport from your country of origin
• Your original advance parole document (scan a copy of this before you travel for your records)
• Employment authorization card (EAD)
• State ID or driver’s license
• Student ID (if applicable)
• (If you have an attorney) Attorney’s Form G-28 and their business card with contact information

Also carry the original copies of the documents listed below, as well as a copy of your advance parole application. Ensure you are prepared for any questions from CBP and be aware of your rights.

• Your most recent DACA approval notice
• Your advance parole application in its entirety
• Evidence that you traveled abroad for your intended purpose (e.g. relevant medical documents, educational coursework, conference materials, etc.)

If you are traveling anywhere other than your country of origin, ensure you check the specific country requirements. You should check whether you’ll need a visa, what type, and how long it will take to process. We advise that you do this while your advance parole application is processing, as the consulate will take time and need your passport while processing a visa application.

Yes, your U.S. citizen child will need a passport to travel. You can make an appointment to get your child’s passport through the U.S. Postal Service website. Making your child’s passport may take several months.

As with all travel, there is a risk. In this case, if there are medical complications or the baby arrives early, there is a risk that you may not be able to re-enter the U.S. within the time frame that your advance parole document allows.

Step #4 Re-Entering the U.S. on Advance Parole

Returning to the United States by Air. If you enter through a United States airport, you will pass through U.S. Immigration and Customs. You will be processed in the “Visitor” line, rather than the line for U.S. citizens and residents. You can ask an officer at the airport if you are not sure in which line you wait. Upon speaking with a Customs and Border Protection officer at the booth, it is likely that your passport will be taken and another CBP officer will be called to escort you to a separate room for secondary screening. There, a CBP officer will ask you additional questions, may check your belongings (including electronics), and will finish processing your re-entry by putting an entry stamp in your passport.

Returning to the U.S. by Land.

• If you travel to the United States by land in a vehicle (such as by car over the U.S.-Canada border or U.S.-Mexico border) at a designated Port of Entry (POE), you will have to present your advance parole travel document and passport to a Customs and Border Protection (CBP) officer. If you are sent to secondary inspection, CBP may ask you to park your vehicle and step outside of the vehicle to wait while they further inspect your documents, belongings, and/or the vehicle.
• If you travel to the United States by foot at a POE, you will have to enter a processing facility to present your documents to a CBP officer. If you are placed in secondary inspection while traveling by foot, CBP may ask you to enter another designated room within the facility where you will present your advance parole travel document and supporting documentation to another officer.

What to consider before reentry:

• Ensure you aren’t carrying any of the items on the CBP Prohibited and Restricted Items list.
• Consider the destination of your returning flight based on previous DACA recipients’ experiences with CBP in certain airports. You will go through the inspection process at the first airport you land in the U.S.
• If you have a connecting flight to your home city, be sure to give yourself ample additional time for any subsequent airline connections.
• Make a list of all emergency contacts (hard copy, not on the phone). Try to have an immigration attorney or congressional staffer in your district as an emergency contact. Carry their business card(s) if possible.
• Let a family member(s) know of your anticipated time of departure and arrival before traveling. You may not be allowed to use your cell phone until you clear inspection.
• Use the restroom before inspection and keep water and snacks with you.

A CBP officer will ask questions about your trip abroad when you are re-entering the U.S., such as:

• What was the reason for your trip abroad?
• For how long were you gone?
• Did you purchase anything while you were abroad? If so, what did you purchase?
• What countries did you visit?
• Where did you stay?
• What documents do you have with you?
• What do you do in the U.S.? (e.g., work, school, etc.)

If you have any prior tickets or arrests (even those that didn’t result in convictions), CBP might question you about the circumstances of those incidents. CBP may also question you about your immigration history, including when and how you initially entered the U.S. If you have concerns about these lines of questioning, please consult with an immigration attorney prior to traveling.

After processing, the border official will hand you back your original forms of identification. They may stamp your advance parole travel document or your passport.

In many cases, the border official will keep the original advance parole travel document; the stamp in your passport will serve as proof of re-entry with parole.

You may also obtain your I-94 online through the CBP website . Keep copies of your advance parole document, entry stamp in your passport, and I-94 printout as they will be useful to you when renewing DACA and in future immigration processes.

Anxiety about traveling and re-entering is very real! The best thing you can do is prepare for what to expect by reading about the process, speaking with other DACA recipients who have traveled on advance parole, and arranging support.

This may mean discussing a plan ahead of time with your attorney, if you have one, and carrying their form G-28 with you when you travel. You can also contact your Congressional representative to explain your situation and ask for a contact at their office in case you run into problems at the border.

Yes, this is a very real possibility, although it is still a contested area of law. Immigration officials at the border have a lot of power to search your belongings, including your electronic devices.

Because the decision to parole someone into the U.S. is discretionary, it is risky for a DACA recipient to refuse to hand over their phone or argue with an immigration official. It is best for travelers to anticipate that their phone may be searched and to prepare ahead of time to keep their information private.

Always be thoughtful with what information you make public. The guidelines for DACA recipients applying for advance parole list the three valid purposes for traveling (educational, employment, and humanitarian) and then state “travel for vacation is not a valid purpose.”

When you fly back to the United States, it is most likely the airline will have you complete check-in in person and not online.

When you go up to the counter the airline attendants may ask to see your U.S. visa or green card, this is when you let them know you are traveling with advance parole. They may ask to see your document. Make sure the airline doesn’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

Some airlines are not aware of what advance parole is so it may take some time for them to validate this. Ensure you go to the airport with enough time in case it takes long for them to check .

Passport Control Outside the U.S. If you have a connecting flight outside the U.S. you may go through “Passport Control.” Once again, they may ask for your U.S. visa or green card. Let them know that you reside in the U.S. and are traveling with advance parole, a special document issued by the U.S. government that allows you to re-enter the U.S. Depending on the agent they may ask to see the advance parole document. Ensure you have enough time to complete this so that you don’t miss your connecting flight. Make sure they don’t keep your original advance parole document, you will need to show CBP upon re-entering the United States.

U.S. Preclearance Facilities are in 15 airports outside the United States (in Canada, Caribbean, Ireland and the United Arab Emirates). Located in foreign airports, CBP officers have travelers go through the custom and inspections process prior to boarding their U.S.-bound flights. If you are flying back through one of these airports, we suggest you arrive and check-in early. CBP officers, even those working in a foreign country, should be aware of parole and familiar with the advance parole travel document. If they are not, we suggest you have the DACA USCIS page and Advance Parole page printed in case you need to explain your travel document to them.

Check Out Eliana’s Advance Parole Story

Additional FAQ

No. At this time, DACA recipients must mail in their advance parole applications.

If you are getting a document translated it must be accompanied by a certificate of translation. Although advance parole applications are not filed before the immigration court, their template can be used for filings with USCIS. See the template here . Any person who is fluent in another language and English and can translate between the two languages can translate your document and sign the certificate.

No. USCIS does not refund fees, regardless of any action they take on your application.

Any time a DACA recipient changes their residence, they should complete a Form AR-11 . This is especially important if the DACA recipient is requesting emergency advance parole in-person at a USCIS field office. If a previous address outside the field office’s jurisdiction is on file, the field officers may want to see that an AR-11 was filed.

If you lost the Form I-512L advance parole document, then you will have to refile the application with the fee. You can note that an advance parole document was previously issued but lost. Same goes for any mistakes in names or dates that were present on your I-131 application; however, if USCIS is responsible for the typo or erroneous dates, you do not have to pay the filing fee.

You can also use USCIS’s online tools to put in a service request if the document was lost in the mail. If you can show a USCIS error (e.g. they mailed the advance parole document to a different address than the one you put on the I-131 form), this may be helpful. However, USCIS may not respond to this service request for several weeks.

If you are close to your intended travel date and there is an emergency, you may request an InfoPass appointment at your local USCIS field office. For more information see this guide .

Everyone’s case is different and everyone assumes different risks. If you are scheduling an appointment with an attorney, ask them if they regularly apply for advance parole for DACA recipients. For more tips on how to find a good immigration lawyer, see this guide .

You must respond to USCIS’s Request for Evidence (RFE) by the stated deadline. Failure to do so will result in a denial of your application. USCIS may send an RFE if your intended date of travel has passed. If you are flexible with your plans, you may request new dates and offer updated evidence (e.g. flexible study abroad program, ongoing health needs of relative abroad, etc.).

A scenario question would best answer this. Keep in mind that you should NOT travel on advance parole if your DACA renewal is expired. You will most likely not be let back inside the United States if you travel internationally with advance parole and your DACA is expired.

Let’s say it is April 2024 and Sara plans to study abroad in September 2024. Sara’s DACA expires in July 2024 and she already submitted her DACA renewal application two months ago. Sara worries that if she waits until her DACA application is adjudicated, it will be too late for her to apply for advance parole. What should Sara do?

Sara should apply for advance parole as soon as possible (keeping in mind the 4.5-month processing time currently listed on the USCIS website). She can attach proof of her current DACA authorization, the receipt notice to show that her renewal is in process, and note in the advance parole cover letter that she will supplement her application with proof of her renewed DACA authorization once she receives it.

When filing a DACA renewal, you must respond to the questions that ask about travel. You should attach copies of your advance parole document, entry stamp in your passport, and a printout of your Form I-94 that you can obtain online.

If a DACA recipient entered without inspection by an immigration official, they are not able to apply for a green card in the U.S. (the “adjustment of status” process) and will have to travel to their home country to have an interview at a U.S. consulate there (“consular processing”).

If a DACA recipient travels on advance parole and is paroled back into the country, they may then go through the adjustment of status process in the U.S. and obtain their green card without leaving the U.S.

Make sure to speak to an attorney about your specific case and if advance parole is the best option for you. See this guide for help on where to find a lawyer.

Additional resources

• Topics covered include funding, how to apply, and preparing for travel. This resource also features audio stories from DACA recipients who have traveled outside the United States using Advance Parole.
• American University’s Defending the AU Dream Initiative— Advance Parole for DACA Recipients: Considerations for Traveling or Studying Abroad
• Immigrant Legal Resource Center, DACA: PREPARING FOR RE-ENTRY AFTER TRAVELING ON ADVANCE PAROLE

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Travel on Advance Parole: FAQs

Applicants for adjustment of status with a pending I-485 application are eligible to receive an Advance Parole travel document, which enables them to travel internationally without the need of an underlying visa while they wait for their green card to be approved. If you have received Advance Parole on the basis of a pending adjustment of status application, you may be considering the following:

Is the Advance Parole supposed to be issued as a combination card with the EAD if I apply for both at the same time?

Historically, if the I-765 and I-131 applications for the EAD and Advance Parole were filed concurrently, USCIS would approve both applications at the same time and issue an EAD/AP “combo card” that could be used for both work authorization and travel. This combo card looks identical to an EAD card, but printed at the bottom of the card is the phrase “SERVES AS I-512 ADVANCE PAROLE.”

However, in the past year, it has been common for USCIS to approve the I-765 application first, and the I-131 several months later, even if the applications were filed simultaneously (this appears to be a response to the pressure to improve EAD processing times). When the 2 applications are approved separately, the EAD card is issued without the “I-512” endorsement printed at the bottom. The Advance Parole, when approved on its own, would be issued in the form of a full-page document called the I-512L, printed on heavy paper (similar to an original I-797 approval notice) with the applicant’s photograph at the bottom. When the applications are approved separately, it is important that the applicant not use the standalone EAD card for international travel – it will not be accepted by CBP without the “SERVES AS I-512” endorsement. Instead, if the full-page original I-512L document should be used as the travel document.

When I enter the U.S. using Advance Parole, my electronic I-94 record lists a one-year validity period. Do I need to extend the I-94 prior to that end-date?

No. Unlike the I-94 for nonimmigrant status, which needs to be extended before the end-date, the I-94 that you are issued when entering on Advance Parole does not need to be extended. The “DA” class of admission indicates that you are an adjustment of status applicant, and you are in a period of authorized stay as long as the I-485 application remains pending. The one-year duration listed on the I-94 is standard, and no action needs to be taken prior to that end-date.

When I enter the U.S. using Advance Parole, what is my status? If I have an unexpired approval notice for nonimmigrant status, such as H-1B or H-4 with EAD, can I be considered in that status and work based on it?

This is a bit of a grey area. As mentioned above, upon entering the United States using your Advance Parole, you are considered an adjustment of status applicant, and your most recent I-94 indicates that. However, USCIS has stated that those who entered the U.S. on Advance Parole can have their valid, unexpired H or L status extended through an extension of status application filed 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 U.S. Travel to Mexico or Canada could also be a quick way to reactivate prior nonimmigrant status in the absence of a valid visa stamp, through automatic revalidation . It is recommended to discuss with a business immigration attorney about your work authorization options when returning to the U.S. using Advance Parole, if you cannot or don’t intend to use an adjustment-based EAD.

How can I expedite processing of a pending I-131 application?

The options to expedite a pending application for Advance Parole are unfortunately quite limited. At this time, there is no premium processing option for the I-131 application, and USCIS typically reserves expedited processing requests for extremely urgent or unusual situations. If there is an emergency or humanitarian need for travel, assistance may also be requested from the applicant’s Congressional representative’s office. For long-pending cases, federal court litigation may also be an option.

If I am granted emergency Advance Parole, how long is it valid for?

Advance Parole that is granted in response to an approved expedite request will usually only be valid for the amount of time it takes to attend the emergency situation. Rather than the typical 2-year validity period, an emergency Advance Parole may only be valid for 1 month or several weeks.

If I travel while my I-131 application is pending, will it be denied?

Yes, USCIS policy currently states that departing the U.S. while an Advance Parole application is pending can result in abandonment and denial of the I-131 application. Applicants who travel while their I-131 application is pending therefore must be prepared to return using their nonimmigrant status, including applying for a visa stamp from a U.S. consulate while abroad, if necessary.

Upon returning to the U.S., the I-131 application can be re-filed, even if the first application remains pending and has not yet been denied. A denied I-131 application will not have an adverse effect on the overall adjustment of status application, or the ability to apply for Advance Parole again.

If my pending I-131 was approved while I was outside the U.S., can I use it to return to the U.S.?

No. Despite USCIS’s policy of denying I-131 applications when the applicant departs the U.S., there are a small percentage that are approved while the applicant is outside the United States. If that is the case, USCIS can still later consider the Advance Parole issued in error, and the entry based on it invalid .

What documents do I need to carry when entering the U.S. using Advance Parole?

You should carry the original valid Advance Parole document (either the EAD/AP combo card, or the original I-512L document) and a copy of your I-485 receipt notice, in addition to your passport.

Will my entry at the border take longer if I am using Advance Parole?

There is a possibility that your entry at the border may take slightly longer when presenting the Advance Parole as your entry document. Some CBP officers routinely ask Advance Parole applicants to wait in secondary inspection at the port of entry, so that the basis of the Advance Parole (the pending I-485 application) can be verified. This is standard at some ports of entry and is not cause for alarm. If asked, the traveler should simply state that their Advance Parole is based on their pending I-485 adjustment of status application.

We are committed to assisting our clients with navigating the often lengthy green card process and other challenging immigration matters as an accomplished business immigration law firm  in Houston, Texas. Feel free to contact us or set up a consultation to discuss your specific situation related to your travel plans, and how they may affect your pending applications and work authorization.

By : Rebecca Chen

Rebecca Chen is a Partner at Reddy & Neumann . Her representation includes advising clients throughout the non-immigrant and immigrant visa application process, from initial filing, responding to various requests for evidence, and processing at overseas consulates. Her years of experience in the immigration field have made her a knowledgeable resource for complex business immigration matters.

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Advance Parole: Weighing the Benefits and Risks

Themes/Topics: Law & Policy

Geography: California, National

Audience: Undocumented Youth

Choosing to apply for and travel with Advance Parole is a big decision. It’s important to learn as much as you can about the process and consider all the advantages and drawbacks, in order to choose the path that’s right for you. Some people have successfully traveled with Advance Parole without an attorney, but to get low-cost legal advice to help you make your decision, or to help applying, search for a nonprofit immigration law office near you at: ImmigrationLawHelp.org .

Traveling with AP has several benefits and can create new opportunities that might not otherwise be available to you, such as:

• Evaluating what life abroad might be like for you. Jesús’ Story: Testing out life in Mexico https://immigrantsrising.org/wp-content/uploads/AP_Jesus_TestingoutMexico.wav
• Pursuing unique professional or educational opportunities. Iliana’s Story: Pursuing a research opportunity abroad https://immigrantsrising.org/wp-content/uploads/AP_Iliana_ReasonsforTraveling.wav
• Expanding your worldview or changing your perspective. Diana’s Story: Defining freedom https://immigrantsrising.org/wp-content/uploads/AP_Diana_Mydefinitionoffreedom.wav
• Adjusting your status. In some cases, reentering the U.S. with Advance Parole can make future immigration options easier to attain. We recommend talking to an immigration attorney about how Advance Parole travel could potentially affect the adjustment of your status. Estefanía’s Story: Seeking a “lawful entry” back into the U.S. https://immigrantsrising.org/wp-content/uploads/AP_Estefania_ReasonsforApplying.wav

Traveling while undocumented always involves some risk, and Advance Parole is not an exception. Some of the risks include, but are not limited to:

The Customs and Border Protection (CBP) officer at the airport or port of entry has the final say on whether to allow you to re-enter. If possible, talk to a legal representative before you leave to understand all the risks involved. Jesús’ Story: Risks involved in AP travel https://immigrantsrising.org/wp-content/uploads/AP_Jesus_EvaluatingRisks.wav

• Negative interaction with U.S. Customs and Border Protection (CBP) It is likely that when you are returning to the U.S. from your trip, you will be flagged for what’s called “secondary inspection.” That means, you’ll be brought to a separate room to be interviewed by a CBP officer. This experience can be anxiety-inducing and in some cases, traumatic. (For more on what to expect from this process see Topic 4 the “Preparing to Travel with AP” section under our Advance Parole Travel Guide at immigrantsrising.org/AP ). Renata’s Story: Difficult interactions with CBP officers https://immigrantsrising.org/wp-content/uploads/AP_Renata_CBPOfficers.wav
• Overall emotional toll. Traveling outside the country as an undocumented person is very vulnerable and it can have a lasting mental and emotional impact on you. Some emotions that may come up include extreme stress, fear, familial or other relationship tensions, depression, and isolation. As you’re deciding whether or not Advance Parole is right for you, remember that you are not alone and that any and all feelings that may come up for you throughout the process are real and valid.

Reflection Prompts: Considering Advance Parole

Use these prompts as a tool to weigh the benefits and risks of Advance Parole, and to reflect on whether this feels like the right time for you to apply.

• What excites me about the prospect of traveling abroad? What experiences do I want to have? (It’s okay to include fantasies and dreams. Visioning requires bold imagination.)
• What scares me about the prospect of traveling abroad? What fears do I have about traveling with Advance Parole or being in another country? What feels like the worst case scenario to me?
• What is going on in my life right now that is influencing my thinking? What are my priorities, obligations, goals?
• When I think about the possibility of applying for Advance Parole, which impulse is stronger: the one telling me to go? Or the one telling me to stay?
• What parts of the Advance Parole process feel confusing or foreign to me? What do I need to research more in order to feel as informed as possible?
• Who can I talk to about making this decision? Who can serve as a source of support for me throughout the process?

This resource is part of the Advance Parole project. To learn more, visit immigrantsrising.org/AP .

Immigrants Rising helps you make decisions based on your potential, not your perceived limits. Visit our website so you can see what’s possible: immigrantsrising.org . For inquiries regarding this resource, please contact us at [email protected] .

Do you attend a California Community College? California Community Colleges students, faculty, and staff can now get their Advance Parole application support and filing fees covered through the Higher Education Legal Services Project.

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Advance Parole, Reentry Permit, and Refugee Travel Documentation for Returning Aliens Residing in the U.S

How to File The alien must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees. This form can be downloaded from U.S. Citizenship and Immigration Services' (USCIS) website. See the application for specific filing instructions.

How to File For a Re-Entry Permit If the alien is a permanent resident or conditional resident, he or she must attach:

• A copy of the alien registration receipt card; or
• If he has not yet received his alien registration receipt card, a copy of the biographic page of his passport and the page of his passport indicating initial admission as a permanent resident, or other evidence that the alien is a permanent resident; or
• A copy of the approval notice of a separate application for replacement of the alien registration receipt card or temporary evidence of permanent resident status.

How to File For Advance Parole An alien in the United States and applying for an Advance Parole document for him or herself must attach:

• A copy of any document issued to the alien by DHS 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 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.

How to File For a Refugee Travel Document If the alien is a refugee or asylee applying for a refugee travel document, he or she must attach:

• A copy of the document issued by DHS showing the alien's refugee or asylee status and indicating the expiration of such status.

Where to File Where to file the Form I-131 depends upon the benefit sought. See the form instruction page for details.

When to File The alien must apply for the travel document before leaving the United States. Failure to do so may cause the alien to lose permission to re-enter the country, and lead to the denial of any other applications.

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Emergency Travel

This page is for noncitizens in the United States who need to travel outside of the United States because of an emergency and are seeking a travel document to authorize their return.  

If you are already outside the United States and need to return, but do not have your reentry permit, Green Card, or advance parole document because it was lost, stolen, or destroyed, see Form I-131A, Application for Travel Document (Carrier Documentation) page. 

If you are currently inside the United States and need to leave the United States because of an emergency, you should know what documents you will need to reenter the United States. You also should understand whether leaving the United States could negatively affect your immigration status or pending applications for immigration benefits.  

If you are returning to the United States after temporary travel abroad, you generally must have in your possession either:  

• A valid entry document, such as a Permanent Resident Card (Green Card) or nonimmigrant visa; or  
• A valid and unexpired travel document, such as a reentry permit, refugee travel document, or advance parole document.  

You generally need to apply for and obtain a travel document before you leave the United States. You may request a travel document by filing Form I-131, Application for Travel Document.  

For more information, see the Travel Documents page.

Expedited Processing of an Application for Travel Document

If you have a pressing or critical need to travel and must leave the United States by a certain date, we encourage you to submit a request to expedite your pending application at least 45 days before the date you intend to leave, if possible.  

You may ask us to expedite adjudication of your Form I-131, Application for Travel Document , by calling the Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma. (You can access Emma by clicking on the Ask Emma icon on the top right of this page.) If you have a USCIS online account and access to secure messaging, you may submit your request there by selecting “expedite” as your inquiry type. You will be asked to upload documents in your online account to support your request.  

You may ask USCIS to expedite the following types of travel documents:

• Advance parole documents for noncitizens in the United States seeking to return after temporary travel abroad (including advance permission to travel for Commonwealth of the Northern Mariana Islands (CNMI) long-term residents);
• Temporary Protected Status (TPS) travel authorization documents;
• Reentry permits; and
• Refugee travel documents.

For more information, please visit the Expedite Requests page and the USCIS Policy Manual Expedite Requests guidance.  

Emergency Issuance of Travel Documents

If you are in the United States and have a pressing or critical need to travel outside the United States in less than 15 days, USCIS may issue an emergency travel document.  USCIS may issue an emergency travel document for an:

• Advance parole document; or
• TPS travel authorization document.  

Examples may include:

• A requestor who has a pressing or critical need to travel to obtain medical treatment in a limited amount of time.
• A requestor who has a pressing or critical need to travel due to the death or grave illness of a family member or close friend.
• A requestor 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.

To ask about emergency processing of a travel document, call the Contact Center at 800-375-5283 (TTY 800-767-1833) or request an appointment through My Appointment . If your situation qualifies for emergency processing, we will schedule an appointment for you with a local field office.

Required Documents

If you have an appointment with a USCIS field office for emergency issuance of a travel document, you should bring:

• A completed and signed Form I-131, Application for Travel Document, with any applicable filing fee (Note: Even if you already have a pending Form I-131, you still need to file a new Form 1-131, with fee, if applicable, during your local field office appointment.);
• Evidence to support eligibility for the travel document (see the form filing instructions);
• Evidence to demonstrate the pressing or critical need to travel (see the Expedite Requests page); and
• 2 passport-style photos.

Any documentation in a language other than English must include a full certified English translation. 

What To Do if You Are Denied Entry Into the United States With Advance Parole

For green card applicants based in the United States and people with Deferred Action for Childhood Arrivals (DACA) status, Advance Parole is a welcome provision. With this travel document, you can leave the United States while in DACA status or while U.S. Citizenship and Immigration Services (USCIS) processes your green card application. Advance Parole provides a chance to visit ailing family, study abroad, attend forums and conferences abroad, and catch up with friends. But sometimes the U.S. government does not allow people with valid Advance Parole documents to reenter the United States. This article explains some reasons why the U.S. government would refuse to let you back into the country even with Advance Parole and some things you can do if you find yourself in this situation as an adjustment of status applicant or a DACA recipient.

Written by Jonathan Petts .  Updated November 1, 2022

Why Was I Denied Entry Into the U.S. With Advance Parole?

U.S. Citizenship and Immigration Services (USCIS) can deny your entry into the United States with Advance Parole for multiple reasons. The Advance Parole application, known as Form I-131 , Application for Travel Document, does not guarantee your reentry. After you pay the filing fee and USCIS approves your application, your document will act as a reentry permit that gives you a pass to travel to a U.S. port of entry. You’ll need to get the physical document before you take your trip abroad. Be sure to check the processing times at your local USCIS office to make sure you can get approval before your travel date. 

On your return, officers from U.S. Customs and Border Protection (CBP), a branch of the U.S. Department of Homeland Security (DHS), will decide if you can enter the country at the port of entry. Border patrol officers or CBP officers exercise discretion over whether you can return to the United States. Even if you have all the correct documentation, officers could still turn you away. 

You could be denied reentry if USCIS denied your adjustment of status application while you were abroad on Advance Parole. Without a pending application, you lose your Advance Parole travel status since there is no longer a basis for your reentry. USCIS may have denied your application because you did not complete all the application steps while abroad. For example, you may have missed USCIS correspondence at your foreign address and did not act on their request for an interview or appointment . 

What Can I Do if I Was Denied Entry Into the U.S. With Advance Parole?

If USCIS denies your entry into the United States with Advance Parole, you still have options to pursue. The options available to you depend on whether you got Advance Parole based on your immigrant visa application or on your DACA status. 

Adjustment of Status Applicant With Advance Parole

If your Advance Parole ended because U.S. Citizenship and Immigration Services (USCIS) denied your adjustment of status application, you could apply for a new visa. You could get a tourist visa if you’re just visiting or you could even re-apply for a green card. You can re-apply for the green card as long as the reason USCIS denied your application is not because you don’t qualify for a green card . 

For example, USCIS may have rejected your application because you didn’t provide enough supporting evidence or did not respond to requests for additional evidence they sent you. In that case, under immigration law, it is possible to apply again for the same immigration status. You may do so from your home country through your local U.S. embassy or by adjustment of status if you qualify.

DACA Recipient With Advance Parole

If you are a DACA recipient who gets stuck abroad, you may not be able to reenter the United States for some time. This is because you would have spent some time in the United States without lawful immigration status before getting DACA. This is called unlawful presence. For example, overstaying your visa as someone in nonimmigrant status would result in unlawful presence. There are consequences for this, depending on the length of your unlawful presence. You can face a three-year or 10-year bar from reentering the United States. USCIS can even permanently ban you from returning. 

As a DACA recipient with Advance Parole, you will likely have to wait out your reentry bar if border patrol officials don’t allow you to enter the United States. You’ll be able to apply for a tourist visa to enter the country after you’ve waited out your reentry bar.

Talk to a Lawyer

Ultimately, the best thing you can do in any case is to talk to an immigration lawyer, especially one with experience with deportation cases and removal proceedings. If you face a reentry bar, they could help you file a waiver of inadmissibility for your unlawful presence. A waiver of inadmissibility is a pardon from the U.S. government for your unlawful presence. To file the waiver, you may have to justify your presence by providing humanitarian reasons or explaining how you provide a significant public benefit or other immigration benefit. 

For example, you may have to prove a family member who is a U.S. citizen or lawful permanent resident will face extreme hardship and become dependent on the government if you have to wait out your reentry bar. If the U.S. government approves your waiver application, you can apply for a U.S. visa to enter the country once more.

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• Russia, Ukraine and Belarus

Advance Parole and the Airlines ( Aeroflot Airlines)

By Jackson71 May 17, 2019 in Russia, Ukraine and Belarus

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25 posts in this topic

Recommended posts, jackson71   1.

My wife and stepdaughter will be traveling to their native country of Russia this summer with AP, they will be flying with Aeroflot airlines.

I called Aeroflot Airlines and two different Aeroflot representatives told me that they will not let anyone board the airplane flying back to the U.S without a visa.

They said they will not allow my wife to board with the AP,  that she and my stepdaughter must have visas .

I explained to them what AP is and they told me in a rude way, "then let your wife and stepdaughter fly at their own risk but we will certainly not let them board the plane with this AP " !!

I have heard others having trouble with other airlines with AP, the majority of these airline employees have no clue what AP is , but they have the power not to let you board the plane .

Has anyone gone through this ?

I would be very grateful for any feedback or advice !!

Thank you VJ community !

Link to comment

Share on other sites, barashka   97.

On ‎5‎/‎16‎/‎2019 at 9:02 PM, Jackson71 said: My wife and stepdaughter will be traveling to their native country of Russia this summer with AP, they will be flying with Aeroflot airlines. I called Aeroflot Airlines and two different Aeroflot representatives told me that they will not let anyone board the airplane flying back to the U.S without a visa. They said they will not allow my wife to board with the AP,  that she and my stepdaughter must have visas . I explained to them what AP is and they told me in a rude way, "then let your wife and stepdaughter fly at their own risk but we will certainly not let them board the plane with this AP " !! I have heard others having trouble with other airlines with AP, the majority of these airline employees have no clue what AP is , but they have the power not to let you board the plane . Has anyone gone through this ? I would be very grateful for any feedback or advice !! Thank you VJ community !

@Bill & Katya  - I'll let you chime in on this one.

Dashinka   23,941

My wife never traveled on an AP, but the CBP Carrier Guide clearly states that a person can enter the US using an AP card (I512).  You may want to talk more with the airline and refer them to page 10 of the carrier guide.  Also, make sure when she travels she has copies of the AOS NOA just in case someone asks for it.  I should note that we have never used Aeroflot since Katya has come to the US (we fly through Beijing using Delta and S7), but when she was in her ROC phase with an expired GC and extension letter, she had no issues.

Lastly, you may want to ask this thread be moved to the Russia regional forum as it is sort of regional specific and someone there may be more familiar with Aeroflot and AP.  Simply hit the report button on your OP and request a moderator move it.

https://www.cbp.gov/sites/default/files/assets/documents/2017-Nov/carrier-information-guide-english.pdf

https://www.cbp.gov/sites/default/files/documents/Carrier Information Guide- Russian_0.pdf

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Bill and Katya, thank you very much for the advice !

14 hours ago, Jackson71 said: Bill and Katya, thank you very much for the advice !

Please come back to this topic and provide us with an update!

My wife has talked with supervisors with Aeroflot Airlines and with someone who works at passport control at Sheremetyevo Intl Airport , all have told her the same thing that they will not accept the EAD /ADVANCE PAROLE COMBO CARD, they don't recognize this and they will only allow her to board the plane with a green card or visa stamp.

They rudely told her fly with an American Airliner who accept such documents !!

We don't have the money to buy another round trip ticket, don't know what to do .

Thanks for your response !

I am not sure what to tell you.  Aeroflot's rules for carriage state the following:

4.4.4. Other passenger documents

The passenger shall be responsible for obtaining all documents, visas, permits, etc. required for travel, as well as for compliance with all the applicable laws concerning exit, entry and transit in the countries of departure, arrival and transit. Aeroflot PJSC shall not be liable to the passenger if the passenger does not obtain such documents or visas or does not comply with the requirements of applicable laws.

At the request of Aeroflot PJSC, the passenger shall present all documents required for exit, entry and transit, documents confirming health status and other documents required by applicable law, and allow Aeroflot PJSC to make and keep copies of the documents or to keep the information contained in the documents in some other way, if Aeroflot PJSC deems it necessary.

https://www.aeroflot.ru/media/aflfiles/rules/rules_of_aeroflot_pjsc_for_air_carriage_of_passengers_and_baggage_en.pdf

The I512 Advanced Parole card is a valid permit for re-entry into the US (per the link in the previous post).  I certainly understand the consternation here, and this airline that is a part of a larger air group (Skyteam I believe), If they chose not to honor their own rules and the rules of the US CBP, then there is not much that can be done.  I am not sure if a boarding foil is appropriate here since technically the OPs wife and stepdaughter are not LPRs yet, but maybe research that.

Bill and Katya,  thank you for the information, I appreciate it very much.

I also don't know what to do, unfortunately I think there is some politics  involved here  because of the bad relations between the U.S. and Russia.

• 2 weeks later...

Just wondering if there is any update?

Hello Bill and Katya,

Nothing has changed, Aeroflot and passport control are still saying they will not accept the EAD /AP COMBO CARD.

I made a copy of the CBP AND AEROFLOT LINKS that you sent me, my wife will show this to Aeroflot and passport control at the Moscow airport .

I appreciate very much your help and you checking up on this situation .

My wife is still going to Russia because she needs to see her parents.

10 hours ago, Jackson71 said: Hello Bill and Katya,   Nothing has changed, Aeroflot and passport control are still saying they will not accept the EAD /AP COMBO CARD. I made a copy of the CBP AND AEROFLOT LINKS that you sent me, my wife will show this to Aeroflot and passport control at the Moscow airport . I appreciate very much your help and you checking up on this situation . My wife is still going to Russia because she needs to see her parents.    

I have enjoyed all of my experiences with Aeroflot. I don't understand why they are acting so strange with your case. I actually want to call and see what they say in regards to the Employment Authorization/Advance Parole combination card.

Just out of curiosity; Are there any other good airlines that fly to Russia from the United States besides Aeroflot? 

4 hours ago, barashka said: Just out of curiosity; Are there any other good airlines that fly to Russia from the United States besides Aeroflot? 

Nothing direct that I know of.  I think you can fly through London and then into Moscow via British Airways, I also think Korean Air flies in from Seoul.

Rosalind F   178

I flew with different companies on multiple occasions, including Aeroflot; Turkish and British airlines were the best in my experience.

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DaveAndAnastasia   2,082

On 6/1/2019 at 12:55 AM, barashka said: Just out of curiosity; Are there any other good airlines that fly to Russia from the United States besides Aeroflot? 

There are no commercial airlines that fly from Russia directly to the US other than Aeroflot, period (and only Moscow to NYC, Miami, and LAX). Though Aeroflot's a SkyTeam member, so you might seem some flights listed on other airlines.

If you're willing to make a connection (and if you're traveling to/from a Russian city other than Moscow that has direct flights to a major international hub other than Moscow, or you're not in driving distance of LA, NYC, or Miami but are close to another airport you can reasonably get to with one connection, that's probably your best option), there are other options.

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