Individuals must obtain Advance Parole from U.S. Citizenship and Immigration Services (USCIS) before traveling abroad if they have:
been granted Temporary Protected Status (TPS)
a pending application for adjustment of status to lawful permanent resident
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203)
a pending asylum application
a pending application for legalization.
Form To File
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document.
Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.
Processing times can be as long as ninety (90) days so applicants planning to travel abroad should plan ahead by filing the appropriate documents at least four (4) months in advance of the expected departure date. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.
Caution
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Aliens who have been unlawfully present in the United States for more than one hundred eighty (180) days, but less than one (1) year, are inadmissible for three (3) years; those who have been unlawfully present for one (1) year or more are inadmissible for ten (10) years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum should consult with an experienced immigration attorney.
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