If you are still in valid TPS status, then you can file for another advance parole, on Form I-131, just like you did the first time. Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known.
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· The sponsor may or may not be the same entity or person as the petitioner. You must submit a Form I-134, Affidavit of Support, for each petition for parole. With this, you must demonstrate that you have the financial resources to support the beneficiary of the parole while the beneficiary remains in the United States.
· Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have: Filed an application for adjustment of status but have not received a decision from the U.S. Citizenship and Immigration Services; Hold refugee or asylee status and intend to depart temporarily ...
An Advance Parole travel permit allows current adjustment of status applicants to leave the United States for a temporary period and return without effectively discontinuing their application. To apply for Advance Parole, you must file Form I-131, Application for Travel Document with the U.S. Citizenship and Immigration Services (USCIS).
· In many cases, applicants re-filed their parole applications, in many cases without a fee, resulting in more work for USCIS. In addition, if an individual did not receive a decision on the re-filed advance parole application before a planned trip, the applicant often would appear at a local USCIS field office to apply for emergency advance parole.
The Advance Parole processing usually takes 3 to 5 months to process. This is assuming all goes well with your application, that is, you filled it out completely and correctly, mailed it to the correct address, and USCIS received it.
USCIS will grant an emergency Advance Parole request based on their discretion in emergencies. To do this, you will have to visit the nearest USCIS field office with the following documents: completed Form I-131, filing fee, evidence supporting the emergency request, and two passport-style photos. Emergency Advance Parole grants usually process on the same day.
You can submit your complete Form I-131 and supporting documents to USCIS either online or by mail. To submit online, you must first create a MyUSCIS account and submit your petition through your account.
It will take approximately 3-5 months to get to you, so you should expect to stay in the United States until you receive the physical document.
An Advance Parole travel permit allows current adjustment of status applicants to leave the United States for a temporary period and return without effectively discontinuing their application.
Outside of being ineligible for Advance Parole, you may just not need it to re-enter the country after leaving. Foreign nationals who have certain valid visas can re-enter the United States based on that immigration status. You may travel outside of the United States without Advance Parole while waiting for USCIS to process your Form I-485 if you are:
Additionally, advance parole is a type of parole under immigration law. Some of the common types of parole include, parole in place, humanitarian parole, and advance parole. Although immigration law does not consider any type of parole as a lawful entry, being paroled into the USA is akin to entering with permission. The technical differences isn’t too important for this discussion. Rather, what is important is the advantage parole gives. Much like that of a lawful entry, parole allows you to can use this to become a resident in the United States. As there are numerous other factors that need to be assessed in a person’s case, for most people the legal analysis would not stop here. In order to get advance parole, there are a few things you need to do.
This depends on each USCIS office. The normal time given is approximately 1 months or 30 days. Some offices will provide you more time. Obtaining advance parole will not allow you to reenter the USA numerous times. Advance parole allows one entry back into the USA. Theoretically, if a person had another basis for advance parole they could potentially obtain it once again. However, the purpose of advance parole for DACA is not to allow someone to keep leaving and entering the USA. A person should only use it once and then when they can adjust status do so with the advance parole.
USCIS labels this as an I-512L document. This document is your proof that you are allowed to be paroled back into the United States. As mentioned above, if you have another ground of inadmissibility, another reason that makes you ineligible to enter the USA, advance parole will not erase that negative factor. Furthermore, make sure that your advance parole document has the same information contained on your work permit. Both of these documents will be reviewed upon entry into the USA.
Advance parole can provide many benefits, but it is not a one-way ticket to a green card. In some cases, an individual may be eligible to obtain legal permanent residency, or as it is commonly known a green card, with the help of advance parole. Generally, in order to obtain a green card, there are two ways: in the USA or where you were born. The important thing to keep in mind is how did you enter the United States? To become a resident in the USA, you must have had some sort of legal entry.
As of May 23, 2021, USCIS charges $575 to process a DACA advance parole application. For emergency advance parole applications, USCIS only takes payment if you will be approved. You can pay the fee with a money order, personal check, cashier’s check, or even a credit card. If you choose a credit card payment, you need to use USCIS’s credit card form. If you don’t have an emergency, you mail your advance parole application to USCIS. Through the mailing route, USCIS will take your payment regardless if they approve your application or not. To get the latest USCIS fees, check out their website.
Advance parole for DACA was put in place by the Obama Administration. Under the different presidential administrations, the program has at times been shut down. Although the Department of Homeland security (DHS) is not accepting initial daca applications, as of May 23, 2021, the U.S. Citizenship and Immigrations Services (USCIS) is currently accepting advance parole applications. Advance parole allows certain individuals to travel outside of the US without fear of being denied reentry.
Keep in mind, advance parole just gives you a lawful means to obtain a green card. Advance parole does not erase any other ground of inadmissibility. If a person is permanently barred from becoming a resident, obtaining advance parole will not change your eligibility. Additionally, if you have other negative factors in your case, such as a criminal record, advance parole will not change how this affects your immigration eligibility.
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; A copy of a USCIS receipt as evidence that you filed the adjustment application, if you are an applicant for adjustment of status; and. A copy of the U.S. consular appointment letter, if you are traveling to Canada to apply ...
Extending one-year grants of deferred action under DACA to two years; and
A description of where you have traveled since your departure from the United States; Your activities while outside the United States; and. An explanation of whether you intended to abandon your refugee or asylum status at the time you left the United States . For a reentry permit:
When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.
Part 7, "Complete Only If Applying for Advance Parole": You are asked to attach documents to prove that you qualify for an advance parole document. If you have already submitted your application for a green card, include a copy of the USCIS receipt notice from your pending application. (If you are submitting this at the same time as an adjustment of status application, USCIS will be easily able to tell that this is your basis for eligibility.)
2012), that people with a pending permanent residency application who leave the U.S. with advance parole do not trigger the three– and ten-year unlawful presence bars. USCIS has agreed to follow the BIA's decision.
Filing fee: If you have already submitted a filing fee with your adjustment of status application, and that application remains pending, DO NOT send an additional filing fee for the advance parole application. It's free if you send it with or after your I-485 (as of early 2020, though this might soon change).
Advance parole and Form I-131 are not just for adjustment of status applicants. Persons with other types of status in the U.S. sometimes need advance parole, and Form I-131 is also used for seeking reentry permits and refugee travel documents. This article focuses on advance parole for adjustment applicants only.
You must remain in the U.S. until your advance parole is approved and your travel document is mailed to you. USCIS will cancel your adjustment of status application if you leave before advance parole is issued. Advance parole and Form I-131 are not just for adjustment of status applicants.
The answer is in most cases no, unless you first file an application for advance parole, which is permission to reenter the U.S. while your application on Form I-485, Application to Register Permanent Residence or Adjust Status, is pending.
If you have no such document from USCIS, there is no need to include a status document. If you are sending the I-131 after the I-485, a copy of Form I-797C Notice of Action showing that the I-485 was received by USCIS.
just file a new application with a copy of the 797 C (adjust of status pending). AP must be valid and current before traveling.
No, you do not pay to apply for the renewal/extension of your AP travel document.
I have more than 30 years experience practicing law and focus on immigration only. I work with clients all over the world in the areas of family immigration, L visas, investor visas - including writing business plans, deportation, criminal related issues, waivers, provisional waivers and appeals.
If you face a re-entry bar, they could help you file a waiver of inadmissibility for your unlawful presence. A waiver of inadmissibility is a pardon from the U.S. government for your unlawful presence. To file the waiver, you may have to justify your presence by providing humanitarian reasons or explaining how you provide a significant public benefit or other immigration benefits.
For example, USCIS may have rejected your application because you didn’t provide enough supporting evidence or did not respond to requests for additional evidence they might have sent you. In that case, under immigration law, it is possible to apply again for the same immigration status. You may do so from your home country through your local U.S. embassy or by adjsutment of status if you qualify. It is good to talk to an immigration lawyer or law firm before taking this next step.