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How To Get Permission to Travel While Your Application is Pending

From Jennifer Leavitt-Wipf,
Your Guide to Immigration Issues.
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Find out how to obtain Advance Parole, the travel document that is needed when you want to leave the U.S. while you are an adjustee.
Difficulty: Easy
Time Required: 1-45 days

Here's How:

  1. Make sure you are required to have an Advance Parole. Most adjustees are, though those still on H-1B as their primary status are not. Check the details for your specific case.
  2. It is not advisable to apply for Advance Parole if you have ever been out of status for more than 180 days in the USA or have other questionable circumstances with your status in the US. You may not get back in.
  3. File the form Form I-131 (Application for Travel Document).
  4. Provide a good reason for why you must travel outside the country.
  5. If you intend to travel more than once, don't forget to ask for a multiple-entry document.
  6. You have to file the document in person at your local INS Office or Service Center.
  7. In emergency situations, where you can provide a doctor's note or other very official proof that you need the advance parole immediately, you may get it the same day. Smaller offices can do this in non-emergencies sometimes.
  8. Wait until you receive the document. If you travel outside the U.S. before you get the permit, you basically abandon your application with the USCIS and may not be permitted re-entry.
  9. After you have received Advance Parole, put the document in your passport. You must still carry your valid passport as well.
  10. Have a good trip and remember that you are responsible for being present in the USA for your Adjustment of Status interview! Be careful with timing.

Tips:

  1. Although the forms make it sound like you need a life/death situation or million dollar business deal in order to get permission to leave, this is rarely the case. Provide a solid reason, such as visiting immediate family, attending weddings, etc. and you should be fine.
  2. Make two copies of your passport and Advance Parole. Keep one copy in the country you will visit, and the other in the US, in case you lose the originals.
  3. Apply for a new Advance Parole three to four months before your current one expires, to be on the safe side.
  4. NOTE: The USCIS used to be known as: The CIS, the BCIS, the INS.
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