Navigating U.S. immigration laws can be complex, especially when it comes to understanding the relationship between a work permit and travel authorization. If you’re in the United States with a work permit and are considering traveling abroad, it’s crucial to understand the rules and regulations surrounding your re-entry. This article clarifies the interaction between your work permit and your ability to travel and return to the United States.
The EAD and Advance Parole Combo Card
In the past, individuals with a pending Application to Register Permanent Residence or Adjust Status (Form I-485) often needed to carry both an Employment Authorization Document (EAD) and a separate Advance Parole document for work and travel. However, U.S. Citizenship and Immigration Services (USCIS) introduced a combination card to streamline this process.
What is the EAD and Advance Parole Combo Card?
This card looks very similar to a standard EAD but includes the text “Serves as I-512 Advance Parole.” This notation signifies that the card functions as both an employment authorization and a travel document, specifically an Advance Parole document.
Alt Text: Sample Employment Authorization Document (EAD) and Advance Parole combo card issued by USCIS, displaying the text “Serves as I-512 Advance Parole” indicating dual functionality.
Why the Combination Card?
The aim of this combination card is to simplify the process for adjustment of status applicants. Instead of needing to carry two separate documents, they can manage with a single, more secure, credit card-sized card.
How to Obtain the EAD and Advance Parole Card
To receive this combination card, you must file an Application for Employment Authorization (Form I-765) and an Application for Travel Document (Form I-131) concurrently with, or after, filing your Application to Register Permanent Residence or Adjust Status (Form I-485). Filing Forms I-765 and I-131 simultaneously is a prerequisite for receiving the combo card. Make sure that the name and address you provide on both forms are identical.
Important Considerations for Re-Entry
It’s essential to understand that having an EAD and Advance Parole combo card does not guarantee re-entry into the United States after traveling abroad.
Parole vs. Admission
The card authorizes “parole,” not “admission,” into the U.S. Parole is not considered an admission or “entry” under immigration law. When you arrive at a U.S. port of entry, you must present your card to a Customs and Border Protection (CBP) officer and request parole.
Issuance of an Advance Parole document does not guarantee that CBP will grant you parole. CBP officers retain the discretion to decide whether to parole you into the U.S. If parole is granted, you will be permitted to enter the U.S. as a parolee but will not have been “admitted.”
Unlawful Presence
Individuals who have been unlawfully present in the U.S. and then depart and seek re-entry through Advance Parole may be deemed inadmissible and ineligible to adjust their status. Consult with an immigration attorney before traveling if you have a history of unlawful presence in the U.S.
Cost and Validity of the Card
Application Fees
If you submitted your application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you generally only pay one fee to file Form I-485, Form I-765, and Form I-131. Check the USCIS website for the latest fee information, as fees can change.
Card Validity
The validity period of the EAD and Advance Parole card typically ranges from one to two years, based on the availability of an immigrant visa. USCIS has the discretion to issue the card for a shorter or longer period, depending on the specific circumstances of your case.
What If You Already Have an EAD or Advance Parole Document?
If you already possess separate EAD and Advance Parole documents, you may be eligible to receive the combination card if both documents have less than 120 days of validity remaining, or if your EAD has less than 120 days of validity and your Advance Parole document is valid for a single entry only. To apply for the combination card, file Forms I-765 and I-131 simultaneously, but not more than 120 days before your current EAD expires.
Replacing a Lost or Damaged Card
If you lose or damage your EAD and Advance Parole combo card, you must file Form I-765 and Form I-131 concurrently, along with the required fees, to obtain a replacement. Even if you received your initial card at no cost, you will need to pay the applicable application fees for any replacement card necessitated by loss, negligence, or damage.
Who is Eligible?
This card is not available to everyone. It is specifically for individuals with pending family-based or employment-based Form I-485 applications.
Separate EAD and Advance Parole Documents
USCIS continues to issue separate EAD and Advance Parole documents when warranted. For instance, you will receive an EAD without travel authorization if you do not request Advance Parole or if your Form I-765 is approved but your Form I-131 is denied.
Navigating Travel with a Work Permit
Traveling with a work permit in the U.S. requires a careful understanding of the rules surrounding Advance Parole. While the EAD and Advance Parole combo card simplifies the process, it does not guarantee re-entry. Always consult with an immigration attorney before traveling outside the U.S. to ensure you understand the potential risks and consequences. Stay informed and protect your immigration status.
