Most aliens need Advance Parole to re-enter the U.S. after traveling abroad who have pending applications for immigration benefits or for changes in nonimmigrant status.

Any adjustment of status applicant who leaves the U.S. without advance parole is automatically considered abandoning his/her application for adjustment of status. Such a person will generally not be allowed back in the U.S. The person would have to do consular processing while remaining out of US. This applies traveling to any place outside US, even going to Canada (even Canadian Niagara Falls) or Mexico or places like Bahamas.

You must apply for advance parole before leaving the US. If you depart from the US or attempt to enter the US before a decision is made on the application, your application will be considered abandoned.

Exceptions:

1. H, L, V or K3/K4 nonimmigrants:
   If you are in one of the following nonimmigrant visa categories, and if you continue to maintain your status, you may travel on a valid visa while I-485 is pending without obtaining advance parole. Upon returning to the US, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status.
   
   
   1. H-1 (temporary worker) or H-4 (spouse or child of a H-1)
      
      
   2. L-1 (intra company transferee) or L-2 (spouse or child of a L-1)
      
      
   3. K-3 spouse or K-4 child of a US citizen or
      
      
   4. V-2 spouse or V-3 child of a lawful permanent resident
      
      
   Read EAD/Advance Parole vs. H/L
   
   
2. Refugees and Asylees:
   If you were admitted as a refugee or granted asylum and are applying for adjustment of status one year after that, you can travel outside the US on valid refugee travel document and don't have to apply for advance parole.
   
   

You can apply for advance parole if

• You are in the US,
  • You concurrently filing it with I-485 (adjustment of status) or have already filed I-485
    
    
  • You are in refugee/asylee status and may want to travel abroad for emergent personal or bona fide business reasons or you are traveling to Canada to apply for an US immigrant visa
    
    
  • You have been granted Temporary Protected Status or another immigration status that allows you to return to that status after a brief, casual and innocent absence from the US
    
    
• You are outside the US and need to visit the US temporarily for emergent humanitarian reasons,
  • 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 or temporary entry, according to such conditions as prescribed.
    
    
  • A person in the United States may file this application on your behalf. In doing so, he or she should complete Part 1 of the form with information about him/herself.
    
    

You can't apply for advance parole

• If you are an asylee/refugee who has not filed an adjustment of status application. Instead, you must request a refugee travel document before departing from the United States.
  
  
• If you held J-1 nonimmigrant status who is subject to 2 year foreign residency requirement.
  
  
• If you are illegal in the US.
  
  
• If you are in deportation, exclusion, removal or rescission proceedings.
  
  

A separate application form, fees and set of documents are required for each applicant (including yourself, each of your family member) who needs to travel.

• Application fee must be sent with the application.
  There is no biometric fee.
  
  Fee details
  
  
• Form I-131, Application For Travel Document
  
  Sample I131
  
  
• Photos
  If you are in US, submit 2 identical photographs.
  
  If you are outside US, don't submit photographs. US embassy/consulate or DHS office abroad will ask for photographs before issuing the parole document.
  
  If the person filing the application is in US, but the person for whom the advance parole is being filed is outside US, submit 2 identical photographs
  
  
• Copy of an official photo identity document that shows your name, photo and date of birth. e.g., a government issued valid driver's license, identity page of passport, permanent resident card or any other official identity document.
  
  Form I-94 can't be used as a photo identity document.
  
  
• If you are in the US,
  1. A copy of any USCIS issued document indicating your present status in the US; and
     
     
  2. An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document (not required in next 2 circumstances described below); or
     
     
  3. If you have already filed for an adjustment of status (I-485), a copy of I-797 Notice of Action, receipt of filing I-485.
     
     
  4. If applicable, copy of I-140 receipt notice and copy of I-140 approval notice.
     
     
  5. If you are in refugee or asylee status in US, and you are traveling to Canada to apply for an immigrant visa, a copy of the US consular appointment letter
     
     
  6. Copy of your marriage certificate, if you are applying for advance parole based on pending green card petition of your spouse.
     
     
  7. Copy of the child's birth certificate if applying for advance parole for a child based on pending green card petition of the primary applicant.
     
     
  
  
• If you are applying for a person who is outside the US,
  1. A statement of how and by whom medical care, transportation, housing, and other expenses and subsistence needs will be met; and
     
     
  2. Form I-134, an Affidavit of Support, with evidence of the sponsor's occupation and ability to provide necessary support; and
     
     
  3. A statement explaining why a U.S. visa cannot be obtained, including when and where attempts were made to obtain a visa; and
     
     
  4. 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 USCIS or former INS decision on your waiver request; and
     
     
  5. A copy of any decision on an immigrant petition filed for the person, and evidence regarding any pending immigrant petition; and
     
     
  6. A complete description of the emergent reasons explaining why advance parole should be authorized and including copies of any evidence you wish to be considered, and indicating the length of time for which the parole is requested.
     
     
• Cover letter, if you are applying for Advance Parole not along with other application such as I-485.
  Sample

If you require explanation for getting advance parole (from the circumstances described below), even family visits or vacation are considered acceptable reasons to leave the US. You can just your name and A number (if any) at the top of a blank paper and write something like "I qualify for Advance Parole because I am awaiting my adjustment of status interview. I would like to travel to my native country to visit my parents, whom I haven't seen in years".

However, if you are traveling because of an emergency, explaining and crisis may help speed up the application. e.g., in case of a family medical emergency, provide a letter from your family member's doctor explaining your family member's condition and the need for your visit.

Application filing instructions

Mailing location of Form I131 and accompanying documents depends upon the category the application is filed in:

• Advance parole, based your Form I-485 filed with USCIS Lock Box Facility based on one of these eligibility categories:
  • Spouse, parent, unmarried son/daughter under 21 of a USC with a concurrently filed Form I-130
    
    
  • Beneficiary of an approved Form I-130 filed by a qualifying USC or LPR relative (including K-3/K-4 beneficiaries with approved Forms I-129F and I-130)
    
    
  • K-1 Fiance(e) of a USC (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F
    
    
  • Widow/widower of a USC with an approved Form I-360 or a concurrently filed Form I-360
    
    
  • Qualifying derivative, family-based beneficiary
    
    
  • Registry applicant filing Form I-485 based on continuous residence in the U.S. since before 1/1/72
    
    
  • Registry applicant filing Form I-485 based on birth in the U.S. to a foreign diplomatic officer
    
    
  • Amerasians with an approved Form I-360 or a concurrently filed Form I-360
    
    
  • Public Interest Parolee filing Form I-485 under Public Law 101-167 (the “Lautenberg Amendment”)
    
    
  • Former diplomat filing Form I-485 under Section 13 of the INA
    
    
  • Special Immigrant Military filing Form I-485 based on honorable active duty service in the U.S. armed forces
    
    
  • Diversity lottery winner eligible to file Form I-485
    
    
  • Pending legalization adjustment applicant under the LIFE Act
    
    
  • Special immigrant juvenile with a pending or concurrently filed Form I-360
    
    
  • Aliens eligible under the Cuban Adjustment Act of November 2, 1965
  
  For United States Postal Service (USPS) deliveries:
  USCIS
  P.O. Box 805887
  Chicago, IL 60680-4120
  
  For private couriers (non-USPS) deliveries:
  USCIS
  Attn: FBASI
  427 S. LaSalle - 3rd Floor
  Chicago, IL 60605-1029
  
  
• For following categories:
  • Advance parole for Employment-Based Adjustment of Status Applicants
    • Underlying petition is Form I-140, Immigrant Petition for Alien Worker.
      
      File either at Nebraska or Texas Service center, depending upon your state.
      
      
    • Underlying petition is I-526, Immigrant Petition by Alien Entrepreneur.
      
      File at Texas Service Center, irrespective of your state.
      
      
    • Special Immigrant International Organization Employee, including a retired employee, the spouse or child of current or retired employee, or surviving spouse of a deceased employee with a concurrently filed, pending, or approved Form I-360
      
      For special immigrant international employees (and qualified family members), forms I-360 and I-485 may be filed concurrently.
      
      File at Nebraska Service Center, irrespective of your state.
      
      
    • As a HRIFA principal who has a Form I-485 pending under the Haitian Refugee Immigrant Fairness ACt (HRIFA)
      
      File at Nebraska Service Center, irrespective of your state.
      
      
  • Refugee travel document
    
    File at Nebraska Service Center, irrespective of your state.
    
    
  • Reentry permit
    
    File at Nebraska Service Center, irrespective of your state.
    
    
  Filing location may (or may not) vary based on your state:
  • Nebraska Service Center Filings
    Mail your package to the Nebraska Service Center if you live in the following states:
    AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI or WY,
    
    For United States Postal Service (USPS) deliveries:
    USCIS
    Nebraska Service Center
    P.O. Box 87131
    Lincoln, NE 68501-7131
    
    For private couriers (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225
    
    
  • Texas Service Center Filings
    Mail your package to the Texas Service Center if you live in the following states:
    AL, AR, CT, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC
    
    For United States Postal Service (USPS) deliveries:
    USCIS
    Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182
    
    For private couriers (non-USPS) deliveries:
    USCIS
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227
  
  
• Advance parole based on I-485 and you are a special immigrant religious worker with an approved Form I-360
  
  For United States Postal Service (USPS) deliveries:
  USCIS
  California Service Center
  P.O. Box 10360
  Laguna Niguel, CA 92607-0360
  
  For private couriers (non-USPS) deliveries:
  USCIS
  Texas Service Center
  24000 Avila Road
  2nd Floor, Room 2312
  Laguna Niguel, CA 92677
  
  
• Advance parole based on I-485 and you are a special immigrant international broadcaster with a concurrently filed, pending, or approved Form I-360,
  
  Or
  
  Advance parole based on a current grant of temporary protected status (TPS)
  
  USCIS
  Vermont Service Center
  ATTN: I-131
  75 Lower Lower Welden Street
  St. Albans, VT 05479-0001
  
  
• Advance parole based on I-485 and you are a self-petitioning battered spouse or child with an approve Form I-360,
  Use the same address you used or will use to file I-485.
  
  
• Advance parole as the dependent spouse or child of a principal under the Haitian Refugee Immigrant Fairness Act (HRIFA)
  
  For United States Postal Service (USPS) deliveries:
  USCIS
  Nebraska Service Center
  P.O. Box 87245
  Lincoln, NE 68501-7245
  
  For private couriers (non-USPS) deliveries:
  USCIS
  Nebraska Service Center
  850 S. Street
  Lincoln, NE 68508-1225
  
  
• Advance parole for humanitarian parole and
  • You are are living in the U.S., requesting advance parole, and are eligible for permanent residence by a Congressionally-sponsored bill, OR
    
    
  • You are living outside the U.S. requesting advance parole on humanitarian grounds
  
  U.S. Citizenship and Immigration Services
  ATTN: Chief, International Operations Division
  (Humanitarian Parole)
  20 Massachusetts Avenue, NW, Suite 3300
  Washington, DC 20529

Advance Parole (Form I-512) for adjustment applicants will be valid for a period which coincides with the time normally required for completion of an adjustment application not to exceed one year. (It means that it is valid for one year looking at the current status of adjustment of status processing.) It is usually valid for multiple entries. One copy for the applicant, one copy for the USCIS at the port of entry and one for the airline (so that they let you board the plane without other valid visa). First time you travel back to the US, you give the appropriate copies to the airline and USCIS, and USCIS will stamp your copy. Subsequent times, you can just show your copy and travel.

Form I-94 should be endorsed with the parole stamp. If Form I-512 indicates no specific authorization date, the parole should be valid for a maximum period of 1 year from the date parole was granted at the Port of Entry. Generally, for the I-485-based AP, the person is paroled in "indefinitely" for I-485 based advance parole.

Advance parole may be accepted by an airline instead of a visa as an authorization for the holder to travel to the US. It can't be issued to serve in place of any required passport. It can't be used to circumvent the normal visa issuing process neither is it a means to bypass delays in visa issuance.

Advance parole document earlier used to be a simple piece of paper which may be easier to counterfeit. Sample
Since Nov 24, 2003, USCIS redesigned the travel document and it incorporates increased security features aimed at eliminating a counterfeiter's ability to duplicate them, using the latest state-of-the-art technology. It adds security features that frustrate the illegal production of these documents and improves production techniques and processes to shorten the processing times. Produced at the USCIS Nebraska Service Center, it utilizes the same patented personalization process as the current U.S. passport. This includes a digitized integrated photo, which has proven difficult for counterfeiters to duplicate. It also features a number of covert or hidden features that require sophisticated forensic equipment to view. It is light green in color and resembles the size and shape of the U.S. passport. Refugee travel documents and re-entry permits currently in circulation will remain valid until the expiration dates printed on those documents. The use of new production equipment and techniques has increased the production rate by ten fold of the previous production rate.

Mere possession of advance parole does not guarantee admission into the US as the alien is still subject to immigration inspection at a port of entry to determine admissibility into the US. There also may be bars as described below. You may be subject to "secondary inspection" where you will be taken to separate room and asked questions.

If you have been unlawfully present in the US for more than 180 days but less than 1 year and you leave before removal proceedings are started against you, you may be inadmissible for 3 years from the date of departure.

If you have been unlawfully present in the US for 1 year or more, you leave regardless of before, during or after removal proceedings, are started against you, you may be inadmissible for 10 years from the date of departure.

Only unlawful presence that was accrued on or after Apr 1, 1997 counts towards the 3 and 10 year bar.

Certain immigration benefits and time spent in the US while certain applications are pending may place you in a period of authorized stay. e.g., a properly filed application for adjustment of status, Temporary Protected Status (TPS), deferred enforced departure (DED), asylum and withholding of removal. Bars to enter the US, as described above, may still be triggered if you accrued more than 180 days of unlawful presence BEFORE the date you were considered to be in a period of authorized stay. For refugees and asylees, the waiver may be granted for humanitarian reasons, to assure family unity or if it is otherwise in the public interest.

Waiver of inadmissibility on humanitarian can generally be applied only by those persons that can establish extreme hardship to their US citizen or lawful permanent resident spouse or parents, to assure family unity or when it is otherwise in public interest.

Travel document will be invalid if you obtained by making a material false representation or concealment in the application, or if you are ordered removed or deported from the US.