For immigrants living in the United States, the decision to travel abroad can be complicated. While it may seem simple to take a short trip to visit family or handle urgent matters, doing so without the right authorization can have serious consequences. In many cases, leaving the country while an application is pending with U.S. Citizenship and Immigration Services (USCIS) may be considered an abandonment of the application.
This is why Advance Parole is such an important safeguard. It allows certain immigrants to travel abroad and re-enter the U.S. legally, without jeopardizing their pending case.
What Exactly Is Advance Parole?
Advance Parole is a travel document issued by USCIS. It functions as advance permission to return to the United States after traveling abroad, for individuals who do not yet have permanent resident status but have a pending or approved application.
Advance Parole is most often used by:
- Individuals with a pending Adjustment of Status (Form I-485) application.
- Recipients of Temporary Protected Status (TPS).
- Recipients of Deferred Action for Childhood Arrivals (DACA).
- Certain asylum applicants and humanitarian parole recipients.
It is not a visa. Instead, it works as a re-entry permit recognized by Customs and Border Protection (CBP). Without it, re-entry is not guaranteed.
Why Is Advance Parole So Important?
1. Protects Pending Immigration Applications
If you leave the U.S. while an application such as Adjustment of Status is pending, USCIS will usually treat that application as abandoned unless you obtained Advance Parole first. This could mean losing years of progress toward a green card.
Example: A client applies for a green card through marriage and travels abroad without Advance Parole. When USCIS sees they departed, the I-485 is denied for abandonment. That client must start over, often from outside the U.S.
2. Provides Flexibility for Emergencies and Family Needs
Life doesn’t stop while you wait on USCIS. Family emergencies, weddings, funerals, or other obligations abroad may require travel. Advance Parole gives you the legal flexibility to go abroad when needed without sacrificing your immigration goals.
3. Reduces Risks at Re-Entry
Advance Parole is an official document issued by USCIS and recognized by CBP officers at ports of entry. While it does not guarantee admission, it significantly strengthens your ability to return legally compared to attempting re-entry without it.
4. Offers Peace of Mind During Long Waits
Adjustment of Status cases can take more than a year to process. Advance Parole allows applicants to continue living their lives, knowing that they can travel if necessary without putting everything at risk.
Who Should Apply for Advance Parole?
If you have a pending green card application (I-485) or another pending immigration benefit, Advance Parole may be essential. Specifically, you should apply if:
- You anticipate the possibility of travel in the next 12 months.
- You want to avoid emergency situations where you need to leave suddenly without authorization.
- You wish to protect your pending application while abroad.
Common Mistakes Applicants Make
1. Traveling without it
Leaving the U.S. without Advance Parole while an I-485 is pending almost always results in denial. Even a short trip across the border can cause major problems.
2. Assuming a valid visa is enough
Even if you hold a valid visa (such as H-1B or L-1), this does not automatically protect a pending green card application unless you qualify under limited exceptions.
3. Overlooking past immigration issues
If you previously overstayed or had unlawful presence, re-entry with Advance Parole could still be risky. For some individuals, using Advance Parole can even trigger bars to re-entry. Consulting an attorney before travel is essential.
4. Waiting until the last minute
Advance Parole processing often takes several months. Applying early ensures you have it when you need it.
Final Thoughts
Advance Parole is not just paperwork; it is a critical protection for immigrants with pending applications who need to travel abroad. Without it, even a short trip can undo years of work and create unnecessary setbacks. With it, you gain flexibility, peace of mind, and the ability to maintain your immigration journey without interruption.
At Relief Law, we help clients prepare strong Advance Parole applications, identify potential risks, and guide them through safe travel planning. If you are considering traveling while your application is pending, contact our office before making any plans. We can help ensure your future and your case stay protected.
How Relief Law Can Help
At Relief Law, we make the Advance Parole process simple and safe for our clients. We review your immigration history to confirm eligibility, prepare and file the application with all required documents, and request expedited processing if urgent travel arises.
We also guide you on how to use Advance Parole correctly at the airport and help you avoid risks that could affect your pending case. With our support, you can travel with confidence knowing your immigration future is protected.