UPDATE: Beginning July 1, 2011, the Law Office of D.Ray Mantle, PLLC will not be
accepting new clients.
Family Topics
Learn about legal immigration options that can reunite your family.
Family First
Family unity is central to an effective U.S. immigration policy. Find out how Mr. Mantle can assist you in bringing family members to the United States.
Applicant Benefits
Temporary travel and work benefits can be requested with your Adjustment of Status application.
Advance Parole Travel Documents
Most individuals who have pending applications for adjustment of status need to
obtain an advance parole document in order to leave the United States without
abandoning the pending application and to return to the United States after
traveling abroad.
The sole purpose of an advance parole travel document is to authorize you to
seek parole into the United States to await a decision on your pending
adjustment of status application.
If you are applying for an Employment Authorization Document at the same time as
your Advance Parole application, USCIS will issue a single card that serves as
travel and work authorization.
An approved advance parole document does not necessarily mean you should travel
outside of the United States while your green card application is pending,
especially if you have ever overstayed on a prior visa.
Consult with an
experienced immigration attorney before making international travel plans.
Questions and Answers
When should I apply?
The advance parole document application may be filed at the same time you are
submitting your I-485 adjustment of status application, or you can file it
anytime while your I-485 application is pending. Your advance parole travel
document must be approved before you leave the United
States. If
you leave the U.S. prior to issuance of the advance parole document, your
application for adjustment of status will be considered abandoned. There are
certain exceptions to this consequence as listed below.
Who doesn't need an advance parole travel document?
If you are not traveling outside of the United States, you do not need an
advance parole travel document while your I-485 application is pending.
The
following categories of applicants do not need advance parole to travel:
- H-1B (Specialty Workers) and L-1 (Intracompany Tranferees),
and their dependents (H-4 and L-2), who maintain their status and possess valid
visas;
- Valid V-2 and V-3 visa holders;
- Valid K-3 and K-4 visa holders; and
- Refugees and asylees who have a valid
Refugee Travel Document.
What if I was out of status for a while?
Anyone who has been in the U.S. 180 days or more without status should carefully consider whether to leave the United States
with an advance parole document. Leaving the United States may make you
inadmissible to the United States when you try to return.
Even if you are
paroled into the United States upon return, in some circumstances you may no
longer be eligible for adjustment of status.
If I have a valid advance parole document, am I guaranteed to be admitted when I
return to the US?
Holding an advance parole document does not guarantee admission into the
United States. In fact, an individual who has an advance parole document will
generally be paroled into the United States, rather than admitted.
Foreign
nationals with advance parole documents are still subject to immigration
inspection at the port of entry. A separate decision is made whether to parole
you each time you present yourself for inspection at a port of entry. Please also note that if you are returning to the United States
and found to be inadmissible (and parole is not appropriate), you may be placed in
removal proceedings.
How do I file?
General instructions are included with the I-131 travel document application,
and USCIS posts updates and fees on its web site. The I-131 application is a
legal case and mistakes or misrepresentations can jeopardize your chances of
being approved for travel.
You should carefully review the eligibility
requirements, then talk with an
immigration lawyer
about the specific circumstances of your case. D.Ray Mantle assists clients by
making sure the application is complete and includes all of the necessary
evidence to support your eligibility.
What happens after I file?
After your
application is filed, USCIS will mail you an official receipt so you can
track the processing of your case. If your application is incomplete, USCIS may
have to reject it, or ask you for more evidence or information, which will delay
processing. Working with an
experienced
immigration attorney from the beginning will help you avoid errors and
delays.
How long will it take USCIS to process my application?
If your application is complete, USCIS will normally process your advance parole
travel document application within 90 days. If your travel document application
is based on an I-485 adjustment of status application filed at the same time,
USCIS may delay your travel document application if the I-485 application was
incomplete.
Help with Advance Parole Travel Documents
D.Ray Mantle assists families in obtaining positive immigration results in a
timely, personal and professional manner. Green card applicants must ensure they
are authorized for international travel before
departing the United States. With the Law Office of D.Ray Mantle, your
individual circumstances are carefully reviewed by an experienced immigration
attorney to determine which options are available to you. Mr. Mantle provides
guidance and help in gathering the necessary information and documents for your
case, prepares all of the necessary application forms, and also ensures that
your final application meets all government requirements. Learn how an
experienced immigration attorney can help you reach
your immigration goals.
If you would like to understand more about the application process and to find out if you qualify for
Advance Parole, please contact D.Ray Mantle for a consultation.