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What requirements do I have to meet if I want to apply for an advance parole?

My I-526 is approved and I filed the I-485 form about 18 months ago. I got the I-797 receipt notice and am still waiting for a result. I plan to go to my home country and spend some time with my parents while waiting. I was told that I might need to apply for an advance parole. However, when I read the instructions on the I-131 form, under the "Advance Parole Document for Individuals Who Are Currently in the United States" section, the only clause I fall under is having a pending I-485, temporarily traveling abroad for urgent humanitarian reasons or furtherance of a public benefit, such as a personal or family emergency. Does this mean I cannot apply for advance parole unless I can give a solid reason that is related to an emergency?

Answers

  • Avatar

    Marisa Casablanca

    Immigration Attorney
    Answered on

    Upon approval of an I-526, you should file the I-131 (request for advance parole) and I-765 (application for employment authorization) with your I-485 application for residence. The advance parole is granted to those who file an I-485, even without humanitarian or emergent reasons.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    No. Since you have a pending I-485, you can apply for advance parole. Also, you could have filed an I-131 application for advance parole when you filed your I-485 application. You should have an immigration attorney handle your filings with USCIS.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is surprising why you did not file for advance parole and an employment authorization card as part of your I-485 application. If a lawyer prepared your I-485 case, inquire with him or her. You cannot travel outside the U.S. until you receive advance parole from USCIS for travel or else you will abandon your pending I-485.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends, but working with an immigration attorney here will get you set up properly.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It always surprises me how people submit such complex applications without professional guidance. You can apply for advance parole based on the pending adjustment. They take about four to five months at least. If you have an H-1B or L-, you do not need advance parole but if you get parole and your adjustment is denied, you may be regarded as a parolee and put into removal if there is a problem with your case. To adjust you cannot have been out of status for one day or worked without permission for one day. I hope you applied for a work permit, as that also comes automatically.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The reason you read in the I-131 is not necessarily the only acceptable reason. In fact, you can provide and back up your own reason for advance parole. However, be aware that unless you file your I-131, you should not take off and stay for a long time in your home country. Otherwise, you may be hurting your status as a permanent resident.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Generally, it is sufficient to give a bona fide reason one needs to travel.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If your lawyer filed the I-485, it is usually filed with I-131 and I-765 together as a package. After 90 days of filing I-131 and I-765, you are given a EAD/travel combo card that allows you to work and travel freely while I-485 is pending. Please check with your lawyer and have him/her make an inquiry to USCIS.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    We get advance paroles for all out I-485 pending clients without worrying about family or other emergencies. We always apply for advance parole with every I-485 case. I am surprised your lawyer did not do this for you. You should ask your lawyer if there was a reason why he or she did not.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Normally when the I-485 is filed, an application for employment and advance parole would be filed at the same time. They take about four to six months to adjudicate, but there is no extra fee. If you leave the U.S. without advance parole, you will have abandoned your I-485.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    I do not see a reason why you couldn't file Form I-131, but discuss it with your attorney. Secondly, your I-485 is beyond the processing time; your attorney should be inuring into its status.

  • Avatar

    Natalia Polukhtin

    Immigration Attorney
    Answered on

    On Form I-131, you must mark Part 2, Question 1(d). It means you are applying for temporary travel abroad. In the field asking you to specify purpose of your travel, you state that you plan to visit your parents abroad. Under your category of pending adjustment of status, you should have no problem getting the document. By the way, please do not forget to include a copy of your receipt for I-485 as a proof that you are not required to pay the fees.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    As an applicant for adjustment of status, it would have been advisable to have filed your application for both an employment authorization document (EAD) and advance parole contemporaneously with your Form I-485. You are clearly eligible for advance parole simply based upon the fact that you are a pending applicant for adjustment of status. It is not necessary to establish that you need to travel abroad for urgent humanitarian reasons unless you are attempting to expedite the issuance of the advance parole. Otherwise, it normally would take somewhere between 90 and 120 days to be issued.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You just need to have a pending adjustment of status to qualify for advance parole in this case. In the "application type" section, you would opt for "I am applying for an Advance Parole Document to allow me to return to the United States after temporary foreign travel."

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