Traveling outside the United States when you have a pending immigration application can be complex. One crucial document in such situations is the I-512 Advance Parole. But Is It Safe To Travel With I-512 Advance Parole? This guide provides a comprehensive overview of what you need to know to ensure a smooth and safe return to the United States.
The I-512 Advance Parole document allows certain individuals with pending immigration applications to travel abroad and return to the U.S. without abandoning their application. This document serves as permission to re-enter the U.S. while your case is being processed. However, understanding its implications and limitations is critical.
Understanding Advance Parole
Advance Parole, specifically the I-512 form, grants permission to re-enter the United States to individuals who do not have a valid visa or green card but have a pending application for adjustment of status or another immigration benefit. It’s important to understand that Advance Parole is not a visa and does not guarantee admission into the U.S.
What is Form I-131?
To obtain Advance Parole, you need to file Form I-131, Application for Travel Document. This form is used to request various travel documents, including:
- Advance Parole Document: For aliens in the United States seeking to return after temporary travel abroad.
- Refugee Travel Document: For individuals with refugee or asylum status.
- Reentry Permit: For lawful permanent residents who will be outside the U.S. for an extended period.
- Temporary Protected Status (TPS) Travel Authorization: For TPS beneficiaries.
The USCIS provides detailed instructions and requirements for filing Form I-131 on their official website.
Potential Risks and Considerations
While Advance Parole allows re-entry, it’s not without risks. Several factors can impact your ability to return to the U.S., and it’s important to be aware of these before traveling.
No Guarantee of Admission
Having an Advance Parole document doesn’t guarantee admission into the United States. Upon your return, a U.S. Customs and Border Protection (CBP) officer will inspect your documents and determine whether you are admissible. They have the final say on whether you can re-enter the country.
Abandonment of Pending Applications
Traveling outside the U.S. without Advance Parole can result in the abandonment of certain pending applications. For instance, if you have a pending Green Card application (adjustment of status) and leave without Advance Parole, your application may be considered abandoned.
Unlawful Presence and Removal Orders
If you have accrued unlawful presence in the U.S. or have a removal order, traveling with Advance Parole might not prevent inadmissibility upon your return. Even with a travel document, you may still face challenges re-entering the country. The USCIS follows the Board of Immigration Appeals decision in Matter of Arrabally and Yerrabelly, which clarifies that travel on advance parole does not automatically trigger the 10-year unlawful presence bar.
Nonimmigrant Status
If you are in the U.S. on a nonimmigrant visa and have applied to change your status (Form I-539), leaving the country before a decision is made on your application may result in its abandonment. Even with Advance Parole, your change of status application can be abandoned.
Ensuring a Safe Trip with Advance Parole
To minimize risks and ensure a safer trip, consider the following:
- Apply for Advance Parole Well in Advance: Processing times can vary, so apply for Advance Parole as early as possible. Check the USCIS website for current processing times.
- Carry All Necessary Documents: When traveling, carry your Advance Parole document, passport, and any other relevant immigration documents.
- Understand the Purpose and Limitations: Be fully aware of what Advance Parole does and does not guarantee. It’s not a substitute for a visa or Green Card.
- Consult with an Immigration Attorney: Before traveling, consult with an experienced immigration attorney to discuss your specific situation and potential risks.
An attorney can provide personalized advice based on your circumstances and help you navigate the complexities of immigration law.
What if Your Documents are Lost, Stolen, or Destroyed?
If your reentry permit, Green Card, advance parole document, or Temporary Protected Status travel authorization document is lost, stolen, or destroyed while you are outside the United States, you may need to file Form I-131A, Application for Carrier Documentation. This form allows an airline or other transportation carrier to board permanent residents who have temporarily been outside the United States.
Refugee Travel Documents
Individuals with refugee or asylum status, and lawful permanent residents who obtained their Green Cards based on their refugee or asylee status, require a refugee travel document to return to the United States. Failure to obtain this document before leaving the U.S. may result in being unable to re-enter or being placed in removal proceedings.
Conclusion
Traveling with I-512 Advance Parole can be safe if you understand the requirements, potential risks, and limitations. Always apply for Advance Parole well in advance, carry all necessary documents, and consult with an immigration attorney to ensure a smooth and safe return to the United States. While Advance Parole allows you to re-enter, it does not guarantee admission, so be prepared for inspection by CBP officers upon your return. By taking these precautions, you can minimize risks and protect your immigration status.
