Legal Definitions - advance parole

Advance parole is a crucial travel document issued by U.S. Citizenship and Immigration Services (USCIS) that grants permission to certain non-citizens to temporarily leave the United States and then lawfully re-enter. This document is specifically for individuals who have a pending application for an immigration benefit or a change in their non-citizen status within the U.S. It acts as a pre-approved authorization for re-entry, preventing their ongoing immigration process from being considered abandoned.

It is critically important that advance parole is obtained before the individual departs the U.S. Failure to secure this document prior to international travel can result in the non-citizen being denied re-entry to the United States and the termination of their pending immigration application.

Here are some scenarios illustrating the application of advance parole:

• Scenario 1: Family Emergency During Green Card Application
  Scenario: Elena is living in the U.S. and has a pending application for adjustment of status to become a lawful permanent resident (obtain a green card). She receives urgent news that her elderly father in her home country has suffered a serious medical emergency and requires her immediate presence and care.

  Explanation: To travel to her father's side without jeopardizing her pending green card application, Elena must apply for and receive advance parole before she leaves the U.S. This document ensures that when she returns, she will be permitted to re-enter and continue with her immigration process, which would otherwise be considered abandoned if she departed without this specific authorization.

• Scenario 2: Asylum Seeker Attending an International Conference
  Scenario: Javier is an asylum seeker in the U.S. with a pending asylum application. He is invited to present his groundbreaking research at a prestigious international academic conference taking place in a neutral third country (not his country of origin).

  Explanation: To attend the conference and then return to the U.S. to continue pursuing his asylum claim, Javier must first obtain advance parole. Without this document, leaving the U.S. could be interpreted as abandoning his asylum application, and he would likely be denied re-entry upon his return, effectively ending his chance to seek asylum in the U.S.

• Scenario 3: Humanitarian Travel for a Pending U Visa Applicant
  Scenario: Sarah is in the U.S. with a pending application for a U visa, which is granted to victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement. Her estranged sister, who is also a victim of the same crime, is critically ill abroad and needs Sarah's assistance with legal proceedings related to their shared experience.

  Explanation: Given the emergent and bona fide humanitarian reason for travel, Sarah would apply for advance parole. This allows her to travel abroad to assist her sister and then return to the U.S. to continue with her U visa application without facing re-entry complications or the termination of her pending immigration benefit.