Advance Parole is a way that immigrants located in the United States can travel outside of the United States and re-enter lawfully. It is a form of temporary travel authorization, and works like a visa when the applicant returns to the United States. Advance parole is used by those who are in the process of immigration proceedings, such as adjustment of status applicants, temporary protected status beneficiaries, and asylum applicants, among others. There are single use advance parole and multiple use advance parole documents that are available, depending on the immigration status of the applicant. In order to obtain Advance Parole, the applicant must file a Form I-131and receive approval beforetravelling. If the applicant travels abroad without their advance parole application approved and a travel document issued, than their immigration case will be presumed abandoned and automatically denied. So, it is important to file and obtain advance parole in advance of travel abroad.

One condition of receiving Deferred Action for Childhood Arrivals (DACA) protection is that the recipient not leave the United States. DACA recipients are also permitted to travel abroad with an advance parole document. However, there are several criteria specific to DACA recipients that must be followed:

• The applicant's DACA application must be approved before they may travel outside the United States
• The advance parole approval must be complete and a travel document issued before travelling abroad, otherwise the applicant will be denied entry and will lose their DACA status
• DACA recipients must demonstrate that the purpose of their travel is for "humanitarian, education, or employment" reasons, and will need to submit evidence to support their application
  • Humanitarian purposes include travel to obtain medical treatment, attend to a sick or elderly relative, and to attend funeral services
  • Educational purposes include study abroad or academic research
  • Employment purposes include conferences, training, work meetings, interviews, or overseas work assignments

It is important to note that, even though the government grants permission to travel under the Advance Parole, the applicant could still be denied re-entry. Travelers with an advance parole document will be inspected at the border upon return. Advance Parole for DACA recipients can be risky, so it is very important to consult an immigration attorney for legal advice. The Law Office of Spojmie Nasiri routinely advises on Advance Parole and helps DACA recipients with their Advance Parole applications.

USCIS is currently accepting Advance Parole Applications and issuing I-797 Notice of Action Receipt Notices. Please contact our law office for further information in applying for Advance Parole.