Navigating the complexities of U.S. immigration law can be difficult, especially when it comes to traveling outside of the country while certain applications are pending. Advance Parole serves as a safeguard, enabling foreign nationals to temporarily leave the country without jeopardizing their immigration application. Understanding the legal prerequisites and the specific scenarios that necessitate this travel document is crucial. Please continue reading as we explore what you should know about these matters and why connecting with a New Jersey Immigration Lawyer is in your best interest.
What is Advance Parole?
Advance Parole (AP) is a travel document that permits foreign nationals to leave the United States and return lawfully without having to apply for a visa. It serves as a protective measure, enabling immigrants to re-enter the U.S. after traveling abroad while an immigration application is still under review. Essentially, it offers a legal avenue for temporary departure without jeopardizing pending immigration applications.
When Do I Need This Travel Document?
If you are applying for a green card, DACA status, or certain humanitarian visas, and you want to travel outside the U.S., you’ll need to secure Advance Parole. It’s wise to speak with a New Jersey immigration lawyer before traveling to ensure you comply with proper procedures and don’t jeopardize any immigration applications that are under review.
It’s important to understand that you have to apply for Advance Parole before leaving the country. Once you receive it, you’ll need to keep it with your passport and other necessary documents while you travel. Advance Parole, however, doesn’t replace your passport or the visa you need to visit countries abroad.
Keep in mind that even with an Advance Parole document, it’s still possible for you to be denied reentry to the country by a Customs and Border Protection (CBP) officer. They have the discretion to decide who is allowed to enter the U.S.
To apply, you must submit Form I-131, “Application for Travel Documents, Parole Documents, and Arrival/Departure Records” to U.S. Citizenship and Immigration Services (USCIS) along with supporting documents. It’s crucial to note that applying for Advance Parole doesn’t guarantee approval, as USCIS will carefully examine each application on a case-by-case basis.
What Happens If I Travel Without AP?
Traveling outside of the U.S. without an Advance Parole while an immigration application is still pending can have severe consequences. USICS may interpret this as an abandonment of the application, which could potentially lead to the denial of your application and complications upon your return.
Given the intricacies of immigration law and the potential consequences of unauthorized travel outside of the country, it’s advisable to consult with a seasoned New Jersey immigration attorney from the Law Offices of Aditya Surti, LLC, who can provide tailored guidance based on your unique circumstances, assist with the Advance Parole application process, and ensure compliance with all legal requirements.
