Advance Parole: What You Need to Know About This Legal Permission

Q: How do I apply for advance parole?

You can apply for advance parole by submitting the appropriate form to U.S. Citizenship and Immigration Services (USCIS) before leaving the U.S.

Q: Is advance parole guaranteed?

No, advance parole is not guaranteed. You must receive approval before you can travel.

Q: Can I apply for advance parole while my application is pending?

Yes, you can apply for advance parole while your adjustment of status application is pending.

Q: How long does it take to get advance parole?

The processing time for advance parole can vary, so it is best to apply well in advance of your planned travel.

Definition & Meaning

Advance parole is a legal permission that allows certain non-citizens, referred to as aliens, to re-enter the United States after traveling abroad without needing an immigrant or non-immigrant visa. To obtain this permission, aliens must apply for and be granted advance parole before leaving the U.S. If they do not secure advance parole and leave the country, they risk being denied re-entry and may need to apply for a visa to return. This process is crucial for individuals who have pending applications for adjustment of status or other protected statuses, as leaving the country without advance parole can lead to the automatic abandonment of their applications.

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Legal Use & context

Advance parole is primarily used in immigration law. It is relevant for individuals who are in the process of adjusting their immigration status, such as those applying for a green card. This term is significant in various legal contexts, including:

Adjustment of Status applications
Deferred Action for Childhood Arrivals (DACA)
Temporary Protected Status (TPS)

Users can manage their applications using legal templates provided by services like US Legal Forms, which can help streamline the process.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person who has applied for a green card and wishes to visit family abroad must obtain advance parole before leaving the U.S. If they leave without it, they may not be able to return.

Example 2: An individual with DACA status plans to travel for a job opportunity overseas. They must apply for advance parole to ensure they can re-enter the U.S. (hypothetical example).

Comparison with related terms

Term	Definition	Key Differences
Advance Parole	Permission for certain aliens to re-enter the U.S. after traveling abroad.	Specific to non-citizens with pending applications.
Visa	A document allowing a non-citizen to enter the U.S. for a specific purpose.	Requires application before travel; not specific to pending status.
Adjustment of Status	The process of becoming a lawful permanent resident.	Advance parole is a tool within this process; leaving without it can abandon the application.

Common misunderstandings

What to do if this term applies to you

If you believe advance parole applies to your situation, consider the following steps:

Determine your eligibility based on your immigration status.
Complete the application for advance parole before making any travel plans.
Consult with an immigration attorney if you have questions or if your situation is complex.
Explore US Legal Forms for templates that can assist you in the application process.

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Quick facts

Eligibility: Non-citizens with pending immigration applications.
Application Timing: Must apply before leaving the U.S.
Risk of Abandonment: Leaving without advance parole can abandon your application.
Re-entry: Approval is required to re-enter without a visa.

Key takeaways

Frequently asked questions

What happens if I travel without advance parole?

If you travel without advance parole, you may be denied re-entry to the U.S. and could abandon your pending application.