Advance Parole - Traveling Abroad With A Pending Immigration Application

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Most Common Immigration Law Issues:

What Is Advance Parole?

Generally, if you are a non-U.S. citizen and in the process of applying for a change of status or different immigration benefits, you need advance parole to re-enter the U.S. after traveling outside the country. If you require advance parole for your return, you must be approved before leaving the U.S.

Am I Eligible For Advance Parole?

In some cases, you may not be able to obtain advance parole. For example, the U.S. Citizenship and Immigration Services (USCIS) will not grant you advance parole, if you are:

Do I Need An Advance Parole Document?

Certain situations may not require you to have advance parole. For example, if you hold an H-1B visa and have applied for permanent residency, you and your dependents may travel without advance parole. If you are unsure of whether you should apply, an immigration lawyer can help clarify your concerns. In most cases, you must obtain advance parole to re-enter the U.S. if you:

How Do I File The Advance Parole Form?

As with most USCIS Forms, an incomplete application will result in delays and possibly a denial. Therefore, you must include all the requested materials with your application. Some of the documents required for advance parole approval include:

What If My Application Is Denied?

If you receive a denial letter, it will contain instructions on how to appeal. You must send your appeal to the same office that made the original decision. Although your appeal will eventually be sent to the Administrative Appeals Unit in Washington, D.C. for review, sending your appeal and fee directly to this office will result in delays. In most cases, you have 33 days from the time you receive the denial to appeal by filing a USCIS Form I-290B.

Do I Need A Lawyer?

An immigration attorney will be able to help you with your advance parole application, appeal, and/or renewal (if necessary). She can also answer any questions you have about advance parole and other immigration proceedings.

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Last Modified: 05-28-2013 03:11 PM PDT

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