For individuals residing in the United States without permanent resident status, international travel can present complexities. An Advance Parole Travel Document offers a crucial solution for certain non-U.S. citizens needing to travel abroad temporarily and lawfully re-enter the United States without jeopardizing their immigration status or application processes. This guide will clarify what advance parole is, who might need it, and how to navigate the application process using Form I-131.
What is an Advance Parole Document?
Advance parole is essentially permission granted by U.S. Citizenship and Immigration Services (USCIS) that allows certain foreign nationals to leave the U.S. and return without their pending application being considered abandoned. It serves as a travel authorization document, ensuring that your departure and return do not negatively impact your eligibility for certain immigration benefits or your ongoing immigration proceedings. Without advance parole, leaving the United States could be interpreted as abandoning your application for adjustment of status or other immigration relief.
Who Needs an Advance Parole Travel Document?
Several categories of individuals living in the U.S. may require an advance parole document before traveling internationally. This typically includes:
- Applicants for Adjustment of Status: Individuals who have applied for a Green Card (lawful permanent residence) from within the United States.
- Asylum Applicants: Those who have applied for asylum in the U.S. and are awaiting a decision.
- Temporary Protected Status (TPS) Beneficiaries: While generally TPS beneficiaries now receive Form I-512T for travel authorization, those with pending initial TPS applications might still receive advance parole. It’s crucial to note that as of July 1, 2022, USCIS began issuing Form I-512T, Authorization for Travel by a Noncitizen to the United States, to TPS beneficiaries instead of advance parole documents for re-entry. However, if you have an existing, unexpired advance parole document as a TPS beneficiary, you can still use it until its expiration date.
- Individuals with pending Form I-821 (Application for Temporary Protected Status): USCIS continues to issue advance parole documents to individuals with pending initial applications for TPS.
Form I-131: Application for Travel Document
To obtain an advance parole travel document, you must file Form I-131, Application for Travel Document, with USCIS. This form is now officially titled “Application for Travel Documents, Parole Documents, and Arrival/Departure Records,” reflecting its broader purpose. It’s essential to use the most current edition of Form I-131. Effective October 11, 2024, USCIS requires using the 06/17/24 edition of Form I-131. Applications filed using the outdated 04/01/24 edition will be rejected. Always check the USCIS website to ensure you are using the latest version of the form.
Form I-131 is not solely for advance parole. It is also used to apply for other types of travel documents, including:
- Re-entry Permit: For lawful permanent residents who intend to stay outside the U.S. for more than one year but less than two years.
- Refugee Travel Document: For refugees and asylees who need to travel internationally.
- TPS Travel Authorization Document (Form I-512T): Specifically for TPS beneficiaries as of July 1, 2022.
- Advance Permission to Travel for CNMI Long-Term Residents: For residents of the Commonwealth of the Northern Mariana Islands.
Important Considerations for TPS Beneficiaries and Travel
If you are a TPS beneficiary or have a pending initial TPS application and plan to travel, it is critical to carefully review the Form I-131 instructions. These instructions highlight potential risks associated with traveling outside the U.S. while your TPS case is being processed. These risks include missing important requests for evidence or notices, or even facing denial of your TPS application while abroad.
Re-Parole for Ukrainians
In a specific alert, USCIS announced a re-parole process for eligible Ukrainian citizens and their immediate family members. If you are a Ukrainian citizen who was previously granted parole, you may be eligible to apply for re-parole to extend your temporary stay in the United States. It’s recommended to submit your re-parole request no earlier than 180 days (6 months) before your current parole expires, which can be found on your Form I-94. Submitting applications earlier than this 180-day window may lead to rejection or denial without a refund.
Other Uses of Form I-131: Initial Parole and Parole in Place
Beyond advance parole for travel, Form I-131 also serves to request:
- Initial Parole Documents: For individuals outside the U.S. seeking parole into the U.S. for urgent humanitarian reasons or significant public benefit.
- Arrival/Departure Records for Parole in Place: For individuals already in the U.S. without admission who are seeking parole in place for humanitarian reasons or public benefit, including certain military family members.
- Arrival/Departure Records for Re-Parole: For individuals in the U.S. who were previously paroled and require an extension of their parole period.
Conclusion
Navigating international travel as a non-permanent resident in the U.S. requires careful planning and understanding of immigration regulations. The advance parole travel document, obtained through Form I-131, is a vital tool for many individuals, ensuring they can travel abroad and return without jeopardizing their immigration status. Whether you are an adjustment of status applicant, a TPS holder (though now primarily using Form I-512T for travel), or fall into other eligible categories, understanding the purpose and process of advance parole is essential for maintaining your immigration path in the United States. Always refer to the official USCIS website for the most up-to-date information and form versions when applying for any immigration benefit.
