Traveling Abroad While Your Green Card Application is Pending: Advance Parole Explained
Are you a green card applicant wondering if you can travel abroad during the process?
You can travel abroad while your I-485 application is pending with USCIS if you have an approved advance parole, also known as a travel document.
This blog will cover everything you need to know about advance parole, including the application process, validity period, processing times, and answers to frequently asked questions. Let’s begin,
What is Advance Parole?
Advance Parole, also known as a travel document, allows certain non-citizens to reenter the US without needing an immigrant or non-immigrant visa.
If you are a green card applicant with a pending I-485 application with USCIS, you must obtain Advance Parole before traveling abroad to avoid terminating your adjustment of status application.
If you already hold a non-immigrant status, such as H-1 or L-1, your visa permits international travel while your I-485 is pending with USCIS. However, it is recommended to travel abroad only after you obtain Advance Parole to avoid potential issues with your green card process.
Advanced Parole Application Process
You can file Form I-131, Application for Travel Document, along with supporting documents either concurrently with or after filing your I-485 application to receive advance parole.
When submitting Form I-131 while your I-485 is pending, you must include a copy of the pending I-485 receipt notice.
Both the principal green card applicant and their dependents are eligible to apply for travel document either when they file their I-485 application or while their I-485 application is pending. This allows them to travel internationally without abandoning their pending I-485 application.
Advance Parole Filing Fee and Filing Location
As of April 1, 2024, based on the new USCIS fee hike final rule, the Form I-131 filing fee is $630, even when filed concurrently with the I-485 application.
When filing Form I-131 alone, you can either file online or mail it. Refer to the USCIS website for the “Direct Filing Addresses for Form I-131, Application for Travel Document” page to find the correct mailing address.
When submitting Form I-131 together with the I-485 application, refer to the USCIS website’s “Direct Filing Addresses for Form I-485” page for the correct mailing address. Failure to use the correct mailing address may result in processing delays.
Advance Parole Processing Time and Validity
Processing Time: The processing time for advance parole document can take several months and varies depending on the service center where your Form I-131 is being processed.
Validity: A green card advance parole is valid for up to one year. During this period, you can travel abroad and re-enter the United States multiple times. Once your Form I-131 expires, you can renew it, but you should file your renewal application at least 120 days before the current one expires.
Do You Lose Your H-1B Status if You Use Advance Parole?
No, applying for or receiving Advance Parole itself does not terminate your H-1B status. However, re-entering the United States using Advance Parole after traveling abroad places your H-1B status inactive.
There are two ways to regain active H-1B status after re-entering on Advance Parole: an H-1B extension or a change of status to H-1B from parolee status.
Is It Possible to Expedite Advance Parole for Emergency Travel?
Yes, it may be possible to expedite the processing of Advance Parole for emergency travel. To do so, you can schedule an appointment with your local USCIS field office to request expedited processing.
During the appointment, you will need to bring the following:
- Completed Form I-131
- I-131 filing fee
- Two passport photos
- Proof supporting your emergency travel request
Conclusion
Advance parole allows you to travel outside of the United States without abandoning your pending I-485 application. However, it’s important to note that having advance parole does not guarantee your reentry to the U.S. if you are found inadmissible for any reason or lack proper documentation.
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