Do you qualify for advance parole? We can help you find out
If you are an immigrant in the United States, and you need to return back to your home country for some reason, you might not be able to get back into the U.S. if you don’t receive the proper documents. Especially if you are waiting on a green card application, any international travel should be discussed with an immigration attorney. Depending on your situation, advance parole could allow you to travel back to your home country and then re-enter the United States, without any negative impact on other critical immigration proceedings.
Who is Eligible for Advance Parole?
Your immigration attorney can help you determine whether you’re eligible, and the best way to present your case. But generally, advance parole could be an option if you:
- Have previously filed Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Have been granted Temporary Protected Status (TPS), have applied for TPS, or have been granted T or U nonimmigrant status
- Have applied for temporary status under Section 245(A) of the U.S. Immigration and Nationality Act
- Received humanitarian parole from USCIS or Customs and Border Protection (CBP)
- Are a recipient of Deferred Action for Childhood Arrivals (DACA); or
- Receive Family Unity Program benefits
Who is NOT likely to receive Advance Parole?
Your immigration attorney will likely discuss other options if you:
- Entered the US unlawfully (with some exceptions)
- Have a J (Nonimmigrant Exchange Visitor) Visa
- Are on any visa requiring foreign residence
- Are in proceedings for removal or deportation
- Are in the process of seeking asylum as a refugee
In any situation, the safest choice is to consult with an experienced immigration attorney before making any decisions.
Can I re-enter the U.S. without Advance Parole?
Depending on your situation, you may be able to go back to your home country and re-enter the U.S. without advance parole or any other immigration applications.
If you are a temporary worker with a valid H-1 visa, or if you are the spouse or child of a temporary worker and you have a valid H-4 visa, you may not need to file any paperwork before you travel.
Similarly, if you have a valid L-1 visa or H-2 visa; or if you are a spouse or child of a US citizen or lawful permanent resident, you may be okay to travel without additional paperwork. Only an experienced immigration attorney like the ones at Novo Legal can tell you for sure.
Contact Novo Legal
If you need to travel outside the U.S. and you don’t know whether you will be allowed back in, it’s critical for you to speak with an attorney before you travel. Call +1 888-746-5245 today to schedule an appointment.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship.