How to apply for advance parole document
USINFO | 2013-10-28 11:32

 
Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States. 
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency.  Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance. 

NOTE:  If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
A.  You are in one of the following nonimmigrant categories:
1.  An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
2.  An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
3.  A K-3, spouse, or K-4, child of a U.S. citizen; or
4.  A V-2, spouse, or V-3, child of a lawful permanent resident; and
B.  A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

Who May File Form I-131?
Before you apply for an Advance Parole Document, read this travel warning carefully.
A.  If you have been unlawfully present in the United States for more than 180 days but less than one year and you leave before removal proceedings are started against you, you may be inadmissible for three years from the date of departure.
B.  If you have been unlawfully present in the United States for one year or more, you may be inadmissible for ten years from the date of departure regardless of whether you left before, during or after removal proceedings.
C.  Unlawful presence is defined as being in the United States without having been inspected and admitted or paroled, or after the period of authorized stay has expired.
D.  However, certain immigration benefits and time spent in the United States while certain applications are pending may place you in a period of authorized stay. 
These include, but are not limited to, a properly filed adjustment-of-status application, Temporary Protected Status (TPS), deferred enforced departure (DED), asylum, and withholding of removal.
E.  Although advance parole may allow you to return to the United States, your departure may trigger the threeor ten-year bar, if you accrued more than 180 days of unlawful presence BEFORE the date you were considered to be in a period of authorized stay.
F.  Therefore, if you apply for adjustment of status after you return to the United States, resume an adjustment application that was pending before you left, or return to a status that requires you to establish that you are not inadmissible, you will need to apply for and receive a waiver of inadmissibility before your adjustment application may be approved or your status continued.
G. Generally, only those persons who can establish extreme hardship to their U.S. citizen or lawful permanent resident spouse or parent may apply for the waiver for humanitarian reasons to assure family unity or when it is otherwise in the public interest. 

If you are outside the United States and need to visit the United States temporarily for emergent humanitarian reasons:
A.  You may apply for an Advance Parole Document.  However, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility.  Parole under these conditions is granted on a case-by-case basis for temporary entry, according to such conditions as prescribed.
B.  A person in the United States may file this application on your behalf. 
 
If you are in the United States and seek advance  parole:
A.  You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; or
B.  You may apply if you have been granted Temporary Protected Status or another another immigration status that allows you to return to that status after a brief, casual, and innocent absence (as defined in 8 CFR 244.1) from the United States.
C.  You may apply if you are classified as a refugee or asylee and you seek to travel abroad for emergent personal or bona fide business reasons, or you are traveling to Canada to apply for a U.S. immigrant visa.
NOTE: If a refugee or asylee who returns to the United States with an Advance Parole Document is paroled into the United States at a port of entry upon return, he or she will not be returned to his or her refugee or asylee status. A refugee or asylee who returns to the United States with a valid Refugee Travel Document may be admitted to the United States to resume his or her refugee or asylee status.
WARNING:  If you have a pending application for asylum, and you return to the country of claimed persecution, it will be presumed that you abandoned your asylum application, unless you can show that there were compelling reasons for your return.

An Advance Parole document may not be issued to you if:
A.  You held J-1 nonimmigrant status and are subject to the two-year foreign residence requirement as a result of that status; or
B.  You are in exclusion, deportation, removal, or rescission proceedings.

If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A.  You depart from the United States; or
B.  The person seeking advance parole attempts to enter the United States before a decision is made on the application.
All applications must include a copy of an official photo identity document showing your photo, name, and date of birth.  (Example: a valid government-issued driver's license; passport identity page; Form I-551, Permanent Resident Card; or any other official identity document.)  The copy must clearly show the photo and identity information.  A Form I-94, Arrival/Departure Document, is not acceptable as a photo identity document.
If you are in the United States, you must attach:
a.  A copy of any document issued to you by USCIS showing your present status in the United States; and
b.  An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
c.  If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application;
d.  If you are traveling to Canada to apply for an immigrant visa, a copy of the U.S. consular appointment letter.
2.  If you are applying for a person who is outside the United States, you must attach:
a.  A statement of how and by whom medical care, transportation, housing, and other expenses and subsistence needs will be met; and
b.  An Affidavit of Support (Form I-134), with evidence of the sponsor's occupation and ability to provide necessary support; and
c.  A statement explaining why a U.S. visa cannot be obtained, including when and where attempts were made to obtain a visa; and
d.  A statement explaining why a waiver of inadmissibility cannot be obtained to allow issuance of a visa, including when and where attempts were made to obtain a waiver, and a copy of any DHS decision on your waiver request; and
e.  A copy of any decision on an immigrant petition filed for the person, and evidence regarding any pending immigrant petition; and
f.  A complete description of the emergent reasons explaining why advance parole should be authorized and including copies of any evidence you wish considered, and indicating the length of time for which the parole is requested.
g. Two completed fingerprint cards (FD-258). You must indicate your Alien Registration Number (A#) on the fingerprint card and ensure that the completed cards are not bent, folded, or creased.
The fingerprint cards must be prepared by a U.S. Embassy or consulate, USCIS office, orU.S. military installation.

An advance parole document (Application Types D, E, and F):      
Advance Parole – Type D (pending I-Form I-485; pending Form I-821; or approved Form I-821D) $360 $0 $360
Advance Parole – Type E (humanitarian parole) $360 $0 $360
Advance Parole – Type F (humanitarian parole) $360 $0 $360
 
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