Advance Parole Explained: How to Travel While Your Green Card Is Pending

Advance Parole is one of the most misunderstood documents in US immigration law, yet it's essential for thousands of applicants who need to travel while their adjustment of status is pending. This guide breaks down everything you need to know about obtaining and using Advance Parole correctly—because one mistake can derail your entire green card case.

What Is Advance Parole?

Advance Parole (AP) is a travel document issued by USCIS that allows certain applicants to return to the United States after traveling abroad without abandoning their pending immigration applications. It's not a visa—it's authorization to seek "parole" back into the US upon return.

The document is typically requested using Form I-131, Application for Travel Document, and is most commonly used by people with pending Form I-485 (Adjustment of Status) applications.

Who Needs Advance Parole?

You generally need Advance Parole if you:

• Have a pending I-485 application and want to travel internationally
• Are a DACA recipient planning to travel for educational, employment, or humanitarian purposes
• Have been granted Temporary Protected Status (TPS) and need to travel
• Are a parolee seeking to extend or maintain your parole status

Important Warning for H-1B and L-1 Visa Holders

If you're in H-1B, H-4, L-1, or L-2 status with a pending I-485, you have options. You may be able to travel on your valid visa stamp and return in that status, rather than using Advance Parole. However, using AP can affect your underlying status. This is a complex decision that depends on your specific circumstances.

"The biggest mistake we see is people assuming their valid visa stamp is enough. If you have a pending adjustment and you travel without AP, or if you use AP to return instead of your visa, the consequences depend entirely on your specific situation."

The Application Process

Applying for Advance Parole involves several steps:

1. File Form I-131 — Include this with your I-485 package or file it separately if your I-485 is already pending
2. Pay the fee — Or check if you qualify for a fee waiver; the fee is often included if filed concurrently with I-485
3. Submit photos — Two passport-style photographs meeting USCIS specifications
4. Wait for biometrics — You'll receive a notice for fingerprinting
5. Receive the document — The AP document will be mailed to you

Processing Times and Planning

Current processing times for Advance Parole can range from a few months to over a year, depending on the USCIS field office and current backlogs. This means you must plan well in advance if you anticipate needing to travel.

Common Mistakes to Avoid

Through years of practice, we've seen several recurring mistakes that applicants make:

• Traveling before AP is approved — This can result in your I-485 being denied for abandonment
• Letting AP expire while abroad — You must return before the expiration date
• Not carrying the physical document — Always have the original when traveling
• Assuming automatic re-entry — CBP can still deny entry; AP is permission to seek parole, not guaranteed entry
• Traveling with criminal history — Prior arrests or convictions require careful analysis before any international travel

What Happens at the Border?

When you return to the US with Advance Parole, you'll present the document to Customs and Border Protection (CBP). The officer will review your documents and decide whether to "parole" you into the country. While most returns are routine, CBP has discretion and can conduct additional inspections.

Can Advance Parole Be Denied?

Yes. USCIS may deny your I-131 if:

• You fail to establish a need for the travel document
• There are concerns about your eligibility for the underlying benefit
• You have certain criminal history or immigration violations
• You're subject to certain bars due to unlawful presence or other grounds

When to Consult an Attorney

While many Advance Parole applications are straightforward, you should strongly consider legal assistance if:

• You have any criminal history, including arrests without convictions
• You've previously overstayed a visa or have unlawful presence
• You entered without inspection or had prior deportation orders
• Your travel is urgent and processing times are a concern
• You're unsure whether to use AP or your existing visa to travel

The Risk of Abandonment: A Deep Dive

One of the most critical concepts in adjustment of status cases is "abandonment." Under US immigration regulations, if you leave the United States while your Form I-485 is pending without having an approved Advance Parole document in hand (or holding a valid H or L visa), USCIS considers your application abandoned.

This is not a revocable error. If your case is deemed abandoned, your I-485 will be denied. You would generally have to start the entire process over—refiling the I-485, paying the fees again, and waiting at the back of the queue. If your underlying visa status has expired in the meantime, you might be unable to return to the US at all, potentially triggering a 3-year or 10-year bar depending on your accrued unlawful presence.

The "90-Day Rule" and Travel Trends

While not a codified statute for adjustment cases, immigration attorneys often advise caution regarding international travel immediately after filing or receiving benefits. Frequent, long-duration trips can sometimes raise red flags with CBP officers about your intent or whether you are maintaining your primary residence in the US, although this is more of an issue for green card holders than AP users. However, creating a pattern of stability is always preferable.

Emergency Advance Parole: When You Can't Wait

Standard processing for Advance Parole can take 6-12 months. But life doesn't always wait. USCIS has a mechanism for "Emergency Advance Parole" for genuine urgencies.

Qualifying Criteria for Emergency AP

To qualify, you must demonstrate a compelling emergency, such as:

• Severe financial loss to a company or person (requires detailed proof).
• Urgent humanitarian reasons, such as the death or critical illness of an immediate family member.
• Compelling US government interests (usually for law enforcement requests).

This is not granted for vacations or weddings. You must schedule an appointment with your local USCIS field office (via the Contact Center) and bring your completed I-131, photos, fee, and irrefutable evidence of the emergency (medical records, death certificates with translations, etc.).

Advance Parole vs. Re-entry Permit

Many applicants confuse Advance Parole with Re-entry Permits. They serve different purposes:

• Advance Parole: For those with pending green card applications (or TPS/DACA) to re-enter the US. Validity is usually 1 year.
• Re-entry Permit: For current green card holders (LPRs) who plan to be outside the US for more than 1 year but less than 2 years. It signals to the government that you do not intend to abandon your permanent residency.

If you already have your green card, you do not use Advance Parole. If you plan a trip longer than 6 months, consult a lawyer; longer than 1 year requires a Re-entry Permit.

Strategic Timing for Your Application

Given the long processing times, when should you file? The best practice is to file Form I-131 concurrent with your initial I-485 package. Even if you don't have immediate travel plans, emergencies happen. Having the document approved and in-hand acts as an insurance policy.

If you did not file it initially, you can file it at any time while the I-485 is pending. Include a copy of your I-485 Receipt Notice (Form I-797) to show your eligibility. Note that if you file separately, you may technically owe a filing fee depending on the version of the I-485 instructions you filed under (post-April 1, 2024 fee changes decoupled the fees). Always check the latest G-1055 Fee Schedule.

Navigating the Airport: Real-World Scenarios

Traveling with AP is different from traveling with a visa. When you land:

1. Secondary Inspection is Normal: Don't panic. AP users are almost always referred to "Secondary Inspection." This is a separate room where officers verify the paper document, as it cannot be scanned like a visa foil content.
2. Wait Times: You might wait 30 minutes to 3 hours depending on airport traffic. Plan your connecting flights accordingly relative to this potential delay.
3. Questions Asked: Officers may ask about your adjustment status ("Is your green card case still pending?") or the purpose of your trip. Answer truthfully and concisely.

The 'Matter of Arrabally' Precedent

For years, individuals with "unlawful presence" (overstaying > 1 year) were terrified to travel on Advance Parole because leaving the US triggered a 10-year bar. In 2012, the Board of Immigration Appeals ruled in Matter of Arrabally that traveling on Advance Parole does not count as a "departure" that triggers the bar.

This huge legal victory means DACA recipients and Adjustment applicants with prior overstays can usually travel safely. However, this does NOT apply to people with *deportation orders*. If you have a prior removal order, leaving the US "self-executes" your deportation, and you cannot come back.

Frequently Asked Questions

How long is Advance Parole valid?

Advance Parole documents are typically valid for one year from the date of issuance, though this can vary. Combo cards (EAD/AP) are often valid for two years.

Can I travel multiple times on one AP document?

Yes, Advance Parole typically allows for multiple entries as long as the document remains valid and unexpired.

What if I need to travel urgently before my AP is approved?

USCIS has procedures for expedited processing in certain circumstances, such as humanitarian emergencies. You would need to submit a formal expedite request with supporting documentation.

Does using Advance Parole affect my visa status?

This depends on your current status. For H-1B and L-1 holders, using AP can have implications for your underlying nonimmigrant status. Consult with an immigration attorney before making this decision.

Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice regarding your specific situation, consult with a licensed immigration attorney.