Jazmin Li
Advance Parole is a document that allows certain noncitizens who are already in the United States to leave the country and re-enter without needing a new visa. It is required for those with pending applications for immigration benefits, such as permanent residence, adjustment of status, or asylum. However, possessing an Advance Parole document does not guarantee re-entry into the United States. The final decision is made by a Customs and Border Protection (CBP) officer at the airport or border, and they have the authority to refuse entry for various reasons, such as background issues or a prior removal order.
| Characteristics | Values |
|---|---|
| Who can apply for advance parole? | Aliens in the United States seeking to return after temporary travel abroad |
| What are the requirements? | Filed an application for adjustment of status, hold refugee or asylee status, or have an emergent personal or bona fide reason to travel temporarily abroad |
| What form should be used to apply? | Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records |
| What happens if the application is approved? | The applicant will receive a reentry permit that gives them a pass to travel to a U.S. port of entry |
| Does advance parole guarantee re-entry? | No, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow re-entry |
| What happens if the applicant is denied entry? | The applicant may be able to apply for a tourist visa or re-apply for a green card, depending on the reason for denial |
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What You'll Learn
Advance parole does not guarantee re-entry
Advance parole is a provision for green card applicants and people with Deferred Action for Childhood Arrivals (DACA) status. It allows them to leave the United States while their green card application is being processed. It also applies to those with refugee or asylee status intending to travel to apply for an immigrant visa.
However, advance parole does not guarantee re-entry into the United States. At the airport or border, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow someone to re-enter the country. There are several reasons why a CBP officer may deny entry, even with advance parole. For example, if the individual has any background issues, such as illegal entry, overstay, or criminal activity. Additionally, if the underlying application for adjustment of status is denied, advance parole may be terminated.
It is important to note that travel outside of the United States while an application is pending may have severe consequences. The individual may be found inadmissible, and their application may be denied. Therefore, it is recommended to obtain the proper documentation before leaving the country.
In the case of a denial of entry with advance parole, there are a few options available. The individual may be able to apply for a tourist visa to enter the country. They could also consider contacting an immigration lawyer, especially one experienced in deportation cases and removal proceedings. The lawyer may be able to assist in filing a waiver of inadmissibility for unlawful presence, which would pardon the individual's unlawful presence and allow them to re-enter the country.
In summary, while advance parole provides an opportunity for individuals with pending applications to travel, it does not guarantee re-entry into the United States. The final decision lies with the CBP officers at the port of entry, and there may be instances where they deny entry based on various factors.
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CBP officers decide if you can enter
Even if you have an advance parole document, it does not guarantee that you will be allowed to re-enter the United States. The final decision about whether to allow you to re-enter the country is made by a U.S. Customs and Border Protection (CBP) officer at the airport or border.
CBP officers exercise discretion over whether you can return to the United States. They may ask you to wait in secondary inspection at the port of entry while they verify the basis of your advance parole document. This is standard at some ports of entry and is not cause for alarm. If asked, the traveller should simply state that their advance parole is based on their pending Form I-485 adjustment of status application.
If your advance parole document is based on a pending adjustment of status application, you may be issued with a combo card that can be used for both work authorization and travel. Historically, if the I-765 and I-131 applications for the EAD and Advance Parole were filed concurrently, USCIS would approve both applications at the same time and issue an EAD/AP “combo card”. This combo card looks identical to an EAD card, but "SERVES AS I-512 ADVANCE PAROLE" is printed at the bottom.
However, in recent times, it has become common for the I-765 application to be approved first, with the I-131 approved several months later, even if the applications were filed simultaneously. When the applications are approved separately, the standalone EAD card cannot be used for international travel – it will not be accepted by CBP without the “SERVES AS I-512” endorsement. Instead, the full-page original I-512L document should be used as the travel document.
If your advance parole document is denied, you could apply for a new visa, such as a tourist visa, or even re-apply for a green card, as long as the reason for denial is not because you don’t qualify.
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Denial of entry is always for a reason
Even if you have an Advance Parole document, it does not guarantee that you will be allowed to re-enter the United States. While Advance Parole is a welcome provision for green card applicants and people with Deferred Action for Childhood Arrivals (DACA) status, there are multiple reasons why your entry could be denied. Ultimately, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow you to re-enter the country.
Reasons for denial of entry
There are several reasons why your entry to the United States could be denied, even if you have a valid Advance Parole document. These include:
- Your Advance Parole document has expired.
- Your Advance Parole was issued due to a pending application for adjustment of status, but this application has since been denied.
- You have a criminal record or there are security grounds that make you ineligible for entry.
- You have a history of illegal entry, overstaying, or other issues with your background.
- Your Advance Parole document is incorrect or has been damaged.
- Your Advance Parole document is not accepted at the port of entry. Some CBP officers will only accept the full-page original I-512L document as proof of travel authorisation.
- Your Advance Parole document is not approved before you leave the United States.
- You do not have the physical document with you when you attempt to re-enter the United States.
What to do if your entry is denied
If you are denied entry to the United States, even with Advance Parole, there are some steps you can take. These include:
- Contact your senators and congressperson for assistance.
- Consult an immigration lawyer, particularly one with experience in deportation cases and removal proceedings. They may be able to help you file a waiver of inadmissibility or re-apply for a visa or green card.
- Apply for a tourist visa to enter the country.
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DACA recipients may be denied re-entry
DACA (Deferred Action for Childhood Arrivals) is a discretionary determination by the DHS to defer the removal of an individual as an act of prosecutorial discretion. It is important to note that DACA recipients who plan to travel outside the United States must first obtain an advance parole document to re-enter the country. Failure to do so may result in the termination of their DACA status and denial of re-entry.
USCIS (U.S. Citizenship and Immigration Services) may deny a DACA renewal application for several reasons, including but not limited to:
- Criminal history: USCIS will not consider individuals with a felony, significant misdemeanour, or three or more misdemeanours. They will typically refer such cases to ICE (U.S. Immigration and Customs Enforcement) for removal proceedings and deportation.
- National security threat: If an individual is deemed to pose a threat to national security, their DACA request will be denied.
- Ineligibility: If an individual is found to be ineligible for DACA and cannot provide evidence to prove their eligibility, they will likely be unable to appeal or reapply.
- Incomplete application: USCIS may deny a DACA renewal application if it is missing any of the required forms or supporting documents.
- Failure to respond to RFEs (Requests for Evidence): Not responding to RFEs may result in USCIS considering the case abandoned, leading to a denial of the DACA renewal application.
- Changes in eligibility: If an individual's circumstances have changed since their last application, making them no longer eligible for DACA, their renewal application may be denied.
It is important to note that even with an advance parole document, re-entry into the United States is not guaranteed. The final decision rests with a U.S. Customs and Border Protection (CBP) officer at the airport or border. Additionally, advance parole does not prevent the abandonment of a change of status application. Therefore, DACA recipients should carefully consider their travel plans and consult with an immigration lawyer if necessary to ensure they have the proper documentation and minimise the risk of being denied re-entry.
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Advance parole application process
The Advance Parole application process is for non-US citizens who need permission to return to the United States after travelling abroad. This is also applicable to those who want to travel but cannot obtain a passport from their country of nationality.
The application process involves filling out Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. This form can be used to apply for a re-entry permit, refugee travel document, or advance parole document. The form can be filed online or by mail. If filing by mail, it is important to send the application to the appropriate direct filing address to avoid delays in processing.
The application must be accompanied by the required filing fees, which can be paid by money order, personal check, cashier's check, credit card, or debit card. It is important to note that filing fees are non-refundable, regardless of the outcome of the application. If applying for re-parole, a separate filing fee must be paid for each form submitted.
In addition to the form and fee, applicants must provide supporting documentation. This includes a copy of any document from the Department of Homeland Security (DHS) showing the applicant's present status in the United States, as well as an explanation or evidence demonstrating the circumstances that warrant the issuance of Advance Parole. If the applicant is a refugee or asylee, they must also provide a copy of the document showing their refugee or asylee status.
If an application for advance parole is denied, the applicant will receive a letter stating the reasons for the denial. While there is no option to appeal to a higher authority, applicants may submit a motion to reopen or reconsider with the office that made the decision.
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Frequently asked questions
Yes, U.S. Customs and Border Protection (CBP) officers have the discretion to refuse advance parole at the airport or border. Even with an advance parole document, re-entry into the U.S. is not guaranteed.
Reasons for refusal of advance parole include:
- Issues with background, such as illegal entry, overstay, or criminal history.
- Denial or abandonment of the underlying application for adjustment of status.
- Failure to obtain the physical advance parole document before travelling.
If you are refused advance parole at the airport, you may be able to apply for a tourist visa to enter the country. It is recommended to consult an immigration lawyer, especially one experienced with deportation cases. They may be able to help file a waiver of inadmissibility by providing humanitarian reasons or explaining significant public benefit.
