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Advance Parole

Advance Parole Attorney Serving Milwaukee, Wisconsin

Advance parole” is a term that refers to a travel authorization for a foreign national whose green card application is still pending. All green card holders currently living in the United States must apply for Advance Parole with the USCIS before leaving the country.

It usually takes ten months to several years for a family-based green card application. This is a long time to be in the United States for an immigrant or green card applicant. Please do not hesitate to call our Milwaukee advance parole attorney if you are experiencing any troubles with your immigration.

Why Do I Need Advance Parole?

You will need Advance Parole if you wish to go outside the U.S. while waiting for your pending green card application. If you leave the United States without Advance Parole before the U.S. Citizenship and Immigration Service (USCIS) decides on your green card application, your case will be abandoned. USCIS will terminate any abandoned green card applications, and you will have to start anew, which is costly and time-consuming. You should apply for Advance Parole if you’re eligible to avoid facing issues.

Who is Eligible for Advance Parole?

USCIS approves travel permit applications on a case-by-case basis. You may be eligible for Advance Parole if any of the following are met:

  • You applied for a green card adjustment of status using Form I-485.
  • You applied for Temporary Protected Status (TPS).
  • You have applied for asylum, or you are an asylee.
  • Under Section 245(A) of the Immigration and Nationality Act (INA), you have a pending application for temporary resident status.
  • You were given TPS, T nonimmigrant, or U nonimmigrant status by the USCIS.
  • Under Section 212 (d)(5) of the Immigration and Nationality Act (INA), USCIS or Customs and Border Protection (CBP) granted you humanitarian parole.
  • You received benefits through the Family Unity Program.
  • You’re a DACA recipient.
  • Contact an experienced Milwaukee advance parole attorney to know if you qualify today.

Who Cannot Apply for Advance Parole?

In contrast, if one or more of the following is applicable, you are not eligible for Advance Parole:

After several illegal entries into the United States, you now reside in the country without proper immigration status.

  • You have a valid re-entry permit or refugee paperwork.
  • You have a J visa or a visa that requires you to live in another country.
  • You’ve benefited from a private immigration law that Congress has authorized.
  • You are now through a removal procedure (deportation).
  • You are an asylum seeker or a refugee not applying for a green card.

You can apply for Advance Parole if you’ve been in the United States unlawfully. However, even if your request is approved, you may be denied re-entry. If you’ve been in the country illegally for more than 180 days to one year, USCIS will prevent you from re-entering for three years. USCIS will ban you for ten years if you have been without status for a year or more.

Before flying out of the country, you should always seek counsel from a seasoned Wisconsin immigration attorney if you’ve resided in the United States without legal status for any length of time.

What Happens If I Don't Apply for Advance Parole?

You’ll go back from scratch on your green card application process with the USCIS. Going back with the process from the beginning would mean additional resources, including money. Get your Advance Parole or other travel documents before leaving the country.

Suppose you are a Wisconsin resident who is currently awaiting the outcome of your green card application and you wish to travel abroad. In that case, our Milwaukee advance parole attorney can help you apply for a travel permit and a visa. The process of immigration can be time-consuming and expensive if it isn’t carried out properly. Your trip will be more enjoyable if you have a trustworthy immigration lawyer on your side.

How to Apply for Advance Parole

Advance Parole application is relatively easy. First, complete the “Application for Travel Document” (Form I-131), the official application form. Once completed, you’ll need to collect the government fees and supporting papers, then send them with the form to the USCIS.

Step 1: Complete Form I-131

The center of your Advance Parole application is Form I-131. You must complete and sign this form before submitting your travel permit request to the U.S. government. You can fill out the form in two ways:

Step 2: Gather Supporting Documents for Form I-131

When you’ve completed your Form I-131, you’ll need to collect the government filing fee and any required supporting documents to submit with the form. The supporting documents are as follows:

  • If your green card is pending, you will get a receipt notification from USCIS after filing Form I-485. 
  • Two passport-style pictures. 
  • A document from the USCIS confirming the legitimacy of your present immigration status; this might be an approval notification (Form I-797). 
  • A photocopy of a government-issued identity document (I.D.) with your name, date of birth, and photo (passport, driver’s licence, employment authorization document). 
  • If you’re applying for Advance Parole based on your spouse’s pending green card application, you’ll need a marriage certificate. 
  • Birth certificate of the kid (if applying for Advance Parole for a child based on a pending child green card application).

The more evidence you have to back up your reasons for going, the better.

 

Step 3: Submit Your Completed Form I-131

You may send your completed Form I-131 and accompanying papers to USCIS via mail or online. To submit your petition online, you must first create a MyUSCIS account and then submit it using your account.

You should send your application package to a specific USCIS mailing address, depending on your residence and what mail service you select to deliver your forms if you want to submit your papers by mail. You’ll send your documents to the USCIS. Check the specific direct filing address on the USCIS website.

If you’re filing Form I-131 outside U.S, you must first get your local U.S. embassy or consulate approval. To make your request in person, you’ll need to book an appointment with your local U.S. embassy. All U.S. embassies and consulates are listed on the State Department’s website.

Emergency Travel

Travel document processing can be sped up in several ways. The death or severe illness of a close family member or close friend who lives in another country may mean expedited processing of an application. USCIS will interview you and ask you a few questions to confirm the aforementioned emergencies.

The earliest possible appointment with the local USCIS office is highly suggested for those seeking travel documents or accelerated parole. As a time-saving measure, this has been implemented. Make sure to bring passport photos, documents, or proof of emergency travel. Medical records or a signed note from a family physician are often recommended when a family member passes away.

Additionally, there is no additional charge for an emergency travel document.

Tips for Travelling with Advance Parole

You cannot leave the U.S until you have your physical travel document after successfully applying for Advance Parole. It will take 3 to 5 months to reach you, so plan on staying in the United States until you obtain the physical paperwork.

Advance Parole paperwork often allows you to go overseas for up to a year. USCIS, on the other hand, retains the ability to cancel your permission for any reason. If this happens, you will be unable to return to the country unless you have a valid visa or other papers permitting you to do so.

When traveling outside U.S, remember that fingerprinting (biometrics) and interview sessions are required. Even though your travel visa allows you to travel for up to a year, you’ll most likely miss many of these appointments if you don’t return to the U.S regularly. If you believe you will be late for your appointment, please follow the USCIS rescheduling procedures outlined in your appointment notification.

The same applies to regularly receiving documentation from USCIS in the mail. It’s advisable to make arrangements to receive mail when going overseas or amend your USCIS postal address.

Connect with a Seasoned Milwaukee Advance Parole Attorney Today!

An application for Advance Parole is usually lengthy to complete. You’ll save a lot of time and money if you keep on top of the paperwork and ensure everything is accomplished correctly. You don’t need to worry that your advance parole application will be processed quickly if you hire the best advance parole attorney in Milwaukee, WI.

At Miller & Miller Immigration Lawyers, LLC, we can assure you that everything in your green card application goes well to obtain your permanent residency in the US. We’re here for you, whether you’re applying for family immigration, national waiver, SIJ status, or other immigration benefits. Call and schedule an appointment today!

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