I’ve written about the “backlog” a number of times. Essentially, as a result of large numbers of Central American youths arriving at our Southern border and seeking asylum, the system was overwhelmed and—though it didn’t exactly grind to a halt—there have been major delays for many applicants. The “surge,” as it is known, was not USCIS’s fault and, in fact, USCIS has worked hard to continue processing cases under very difficult conditions.
I’ve discussed before about some things USCIS could do to ease the burden on asylum applicants—prioritize applicants separated from family members, expedite following-to-join petitions once a case is approved, perhaps implementing “premium processing” for asylum applicants who can afford it—but lately I’ve noticed an unfortunate trend that USCIS needs to correct.
We’ve seen several of our clients’ applications for Advance Parole improperly handled or denied. Advance Parole is a document that allows an asylum applicant to leave the United States, travel to another country, and then return to the U.S. and continue her asylum application. When asylum applications generally took only a few months, Advance Parole was much less necessary. But now, when applications can take years, it is very important. In the era of the “backlog,” many asylum applicants face prolonged separation from spouses and children, not to mention parents, siblings, and friends. As you can imagine, these long separations are often the worst part of the whole process.
Advance Parole is a way to mitigate the difficulty of long separations. The applicant can obtain Advance Parole, travel to a third country to see her family members, and then return to the United States and continue her case. The application form itself (form I-131) asks whether the applicant plans to return to the country of feared persecution and—if the applicant returns to her country—it could result in a denial of asylum.
In recent weeks, we’ve been seeing two problems with USCIS decisions in Advance Parole cases. The first problem involves outright—and improper—denials of the I-131s. In these denials, USCIS claims that the I-131 must be denied because the applicant has not filed a concurrent form I-485 (application to adjust status to lawful permanent resident). In other words, because the asylum applicant has not filed for his green card, USCIS believes that he is not eligible for Advance Parole. This is simply incorrect: Asylum applicants are eligible for Advance Parole. See 8 C.F.R. 208.8. What is so frustrating about these denials is that we clearly indicated on the form I-131 that the person was an asylum seeker, and we included evidence of the pending asylum application; evidence that USCIS completely ignored. Not only do these denials prevent asylum applicants from seeing relatives (including relatives who are in very poor health), but they also waste money: The cost of an I-131 application is $360.00. To appeal the denial of an I-131 costs $630.00 (not counting any attorney’s fees) and takes many months, so it really is not worth the trouble and expense.
The second problem we’ve seen with Advance Parole applications is that USCIS has been requesting additional evidence about the purpose of the trip. So for example, where one client has a sick parent who he hopes to visit in a third country, it has not been enough to provide some basic evidence about the sickness (like a doctor’s note or a photo in the hospital), USCIS has requested more evidence of the health problem. Why is such evidence needed? As applicant for asylum is eligible for Advance Parole. He can travel for any reason: To see a sick relative, to attend a wedding, to go to a professional conference. So why should USCIS need to see evidence that a relative is ill in order to issue the Advance Parole document? It is insulting and unnecessary; not to mention a waste of time. I suppose this type of request for additional evidence is better than an outright denial, but it is still improper.
What also been a source of frustration, is that we’ve filed three identical Advance Parole applications for a husband, a wife, and their child. We mailed the applications in the same envelope with the same evidence. So far, the husband’s was denied because there was no pending I-485, the wife was asked for additional evidence about her sick relative (so presumably USCIS believes she can travel despite the absence of a pending I-485), and the child’s has been transferred to a different office altogether and is still languishing there. They say that consistency is the Hobgoblin of small minds, but it would be nice if USCIS could get its act together on these Advance Parole applications. Real people are harmed because of the government’s confusion about how to process these cases. I don’t know if it is a training issue or something else, but USCIS should examine what is going on here.
As the backlogged cases drag on and on, foreign travel becomes more important for many applicants. The uncertainty surrounding the I-131 applications, and the inability to see family members, is only adding to the applicants’ stress and frustration. Let’s hope that USCIS can resolve the problem and give some basic relief to asylum applicants.
Hello Jason,
My asylum case is pending and I won the DV Lottery. I qualify for adjustment of status but, since my DV Lottery rank number is so high, most likely I will miss the chance to get the green card due to the long time the background check takes. Could I get advanced parole to travel to a third country and get my visa? Do you think getting a green card interview would be a valid reason for the advanced parole application? My concern is that if I for any reason I do not get my green card, would I have trouble entering the US?
I think it is much safer to get AP before leaving the US, but if you can get the AP travel document in time, you could try this. I think you should talk to a lawyer if you try it – one who is familiar with consular processing and the DV lottery. You should try to make sure that you have a chance to succeed with the consular processing before you start this whole process. Good luck, Jason
Thank you for your prompt response. I will do that.
Regards,
Luis
Jason,
As a follow up to my previous comment/question regarding advance Parole application to travel to get my Diversity Visa , just a couple of quick questions:
– When filling out form I-131, I assume I would check the following application type: “I am applying for Advance Parole Document to allow me to return to the United States after temporary foreign travel”. Do you agree?
– On Part 4, 1.a. Purpose of Trip, I would explain that I will be traveling to that country, along with my family, to get my Diversity Immigrant visa. Do you think that would be a valid reason to get the Advance Parole approved?
-I believe I need to submit an application for each of us, myself my wife and son. Correct?
Thank you very much
All that sounds fine. Remember that you have to give a “humanitarian” reason for the travel. Maybe the green card through DV lottery is enough, but I have not done that before, so I really cannot say. You would need an I-131 for each person. Let us know what happens with the green cards. Good luck, Jason
hi ,I read on USCIS official site that advance parole does not replace your passport.what is that mean?
Thank you.
You can use it to re-enter the US, but you cannot use it in place of a passport. So if you want to go to Japan, you need your passport (and a visa) to get there, and the AP to return to the US. Take care, Jason
Thank you very much but what about asylum applicant can he go out with his national passport and come in again if he has advance parole?
Truly Appreciation for your platform for asylum seekers.
Asylum applicants can travel with their national passport and AP. However, using the passport of a country where you fear persecution can be a problem for your case, especially if you fear the government. You may need to explain why you use a passport of a government that you fear. In our cases, this generally has not been a problem, but it could be, so you need to be prepared to explain if you are asked. Take care, Jason
Hi , I came in USA on C1/d visa due to some reason I couldn’t join the ship.and filled asylum application.now I am tired of living like that I want to leave USA .can I face problems at airport while leaving?thank you
Most likely, you will not face problems and you can just leave. You may want to inform the asylum office that you are leaving. You can find their contact info if you follow the link at right called Asylum Office Locator. That might make it easier for you if you want to return one day. Take care, Jason
Hello, Jason!
I have pending asylum status, EAD and SSN. Want to apply for Advance Parole to travel to Armenia to honor the memory of my grandparents and also to solve some issues with inheritance. I guess it shouldn’t be a problem, condidering I am the citizen of Russian Federation. But the thing I am concerned about is that maybe I will have to stay there 3-4 months – can USCIS issue an AP for such a long time? I am ready to provide all the evidence.
Thank you!
And in case of any further issues and circumstances, does asylum case withdrawal have a fatal impact on future ability to travel to the US? For example if I will have to stay in Armenia for a longer time, non-reglamented by the Advance Parole document, would I be able to come back to the US with B1/B2 visa?
Thank you.
The asylum case may make it more difficult for you to get a B visa in the future, but that is difficult to predict, especially if you voluntarily withdraw the case. Take care, Jason
I think they can issue AP for 4 months, but I am not sure whether they will. If you have evidence for the reason, that would help. Also, of course, if Armenia is the country of past persecution and you go there, it could cause your case to be denied. Take care, Jason
Hi Jason
My Asylum case is still pending. I am also student in Europe( third country). However, I am absent from school since I have moved to states. Unfortunately, It seems that I am suffering from some health issue.I got check up in states few months back and I was told that I must go for further tests to specialist. I have health benefits in the country where I am student. I am thinking to request for Advance parole for the purpose of treatment and make a trip. My questions:
1.What documents I need to mail for Advance parole request?
I do have my medical records, lab reports here.
I do have my student certificate.
2. I am thinking to finish part of my study during my stay which will take only 3 months. Do I need to mention it in the Advance parole as my second purpose of stay in the third country?
3. I will get my EAD in 4 month. doest it matter to travel with or without having EAD?
Thank you
1 – Form I-131, available at http://www.uscis.gov; you need to review the instructions about what documents and fees you need to send; you should also give them evidence of your health problem to show the need for Advance Parole. 2 – I do not think you need to mention your studies, but AP is usually for a limited time, and they may not give you enough time to finish unless you explain why you need a 3+ months stay abroad. 3 – The EAD should have no effect on your travel. Take care, Jason
Thank you for reply
The point of mentioning the study because I get student health benefit and the treatment will be almost free of cost for me. Do you still think I should not mention the study? The USCIS is not concerns that why I chose that country for treatment and why I don’t get treatment in states ?
I think you can mention it and explain why it is relevant. Maybe this will make it more likely that they will give you the time you need. It does seem easier to get AP these days, so hopefully, you will get it for the period of time you request. Take care, Jason
Hi Jason ,
I was granted asylum , applied for green card and I-485 still pending , while the case was pending I applied for refugee travel document and it was approved and I received it , based on this , I planned my trip for family reunion in third country , I was trying to double check with an immigration attorney if I was fine to travel because I have I-485 and I -730 both pending , I was shocked that I need advance parole to preserve my green card case , I checked with another attorney , he said it’s fine I don’t need advance parole , I tried contacting the USCIS three times , noone gave me specific answer , I am supposed to travel in two weeks and I don’t know what I should do .
Please advise , thanks in advance
Hi mary,
Did you travel. Was Refugee travel document was enough or you need advance parole too.
Hi Jason,thank you for helping people,unfortunatly i don’t know many people like.So i have a question and hope to get answer.I am pending asylum applicant,i miss my kids and wife,i want to see them,may they(kids or wife) apply for B- visa in their home country to visit me in USA or it make sense to apply for advance parole for me?Thank you-hope hear you soon
They can apply for B visas, but the fact that you have filed for asylum will make it more difficult for them to get the visas. You can apply for Advance Parole (form I-131, available at http://www.uscis.gov), but if you visit them in the country where you fear harm, it could result in the denial of your case. Maybe you could meet them in a third country. You might also think about trying to expedite your case. Especially if your family (or you) have health problem, or they are unsafe, get some evidence (letter from the doctor) and give it to the asylum office and ask them to expedite. Good luck, Jason
Thank you for your reply,i have tried already to expedite the case,i have sent to asylum office a letter explaining my families ansafe condition,but no answer yet received,so…i am upset,thank you for answer
They are supposed to respond to you within some period (21 days or 30 days, I forget). If they do not, you can email them or go in person to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for great dedication to keep your blog, VERY helpful!
One question: Part 2 Application Type. My friend is in waiting process after submitting I-589 and he has to apply for AP due health issues. Which one he should check: 1.a OR 1.d?
Thank you.
Sorry – I cannot answer such specific questions when I am not familiar with the case. If you cannot tell, it is worthwhile to consult an attorney on the specifics of the case. Also, he should provide some evidence of the health issues, like a letter from the doctor, and the reason he needs to travel. Take care, Jason
Thank you Janson for an answer.
He has whole big case of medical record in US and recommendation from 2 doctors that he has to go under specialized treatment, which in fact is much more cheaper abroad (~$0.90 per day).
He is not approved yet for asylum, and he did not even had interview, so my guess 1.d is only one fitting him:-)
Thank you one more time for taking time and answering all out questions.
Happy Holidays!
What are you thinking about applying for Advanced Parole for asylum seekers now, in light of the fact that the I-131 will not be adjudicated before Trump takes office? Specifically cases in which obtaining emergency AP would not be possible. Are we afraid that the trickle down will be rapid and there will be a higher risk of denial at the border upon return (or is that just me…)? Thanks!
As long as people are aware that the AP might become invalid, I think they might as well apply and hope for the best. Lots of other things might be canceled as well (I-730s, EADs for asylum applicants, etc). Once Trump starts implementing his new policies, we may have more certainty about these things, but for now, it is all speculation, and my thought is that if they are aware of the risks and still want to apply, they should. Take care, Jason
Hello Jason, I am applying for an Eb visa and I have a pending asylum case for more than 2 years and have not received an interview invitation, I applied for asylum while I was in a B2 status. Can I process the I-40 petition while I still have the asylum case pending or I will need to withdraw the case to be able to process and approve the I-40. Do you have similar cases filed eb visa while having a pending asylum and got approved?
Thanks
You can process the I-140 while you are here. However, when it comes time to adjust status (get the green card), if your period of lawful stay under the B has expired (and it sounds like it has), then you would need to leave the US and get the green card overseas at an embassy. This is probably do-able, but you should talk to a lawyer to make sure. Take care, Jason
Thanks Jason, Would you advise me to get an advance parole before I leave the country to do do?, If so what do you are the chances of AP getting approved? Thank you
I think the chances of getting AP are good, and I think you should do that – in case the I-140 does not work out, you will then be able to return to the US using AP. However, timing the AP and the I-140 may be difficult. Take care, Jason
Hello Jason,
My case similar to Mr Foesy.
You said that he has to apply for the green card overseas. Should we apply from Mexico /Canada as a TCN or we can apply from any US embassy?
Also how long does it take to process the green card in the consulte ?
I really cannot answer this – you need to talk to a lawyer to go over the specifics of your case. The green card process at the consulates is very variable – it depends on the consulate, but you need a lawyer to help you through the process. Take care, Jason
Hi Jason,
Has the issue about advance parole been resolved? Are they issuing them as they should or do they still continue denying based on absense of I-485 or supporting documents for illness?
It seems this issue is resolved. We have only done a few in the last several months, but all have been approved and there have been no issues. It is also going a bit faster. Maybe they take 3 to 5 months, though if you know when you want to travel it is better to apply at least 6 months before you want to leave. Take care, Jason
I am on a pending asylum case that got deferred to court because my USCIS Asylum Officer was unable to made a decision. The first court date is scheduled for end of 2019. I applied for bona fide asylum while I was on F-1 (in status), now I am out of status and working under EAD. My employer filed for PERM and my I-140 is approved. I’ve been told that I cannot apply for Adjustment of Status since I’ve been out of status for over 2 years. If my only chance is to fly to a third country and apply for Consular Processing, what are my chances in getting Advanced Parole? If that is not likely to happen, what other options do I have; would Voluntary Departure be the next best option? I know I need to consult with a lawyer (I am doing so), but need to hear other feedback/comments if you’ve heard/experienced others in a similar situations.
Assuming you are not ineligible for another reason (criminal or immigration violation), you would have to leave the US to get the green card at the embassy. The problem is that if you have a court case, you cannot leave – it is considered a deportation. Depending on the Judge, you could ask to terminate the case and then leave (maybe using Advance Parole – I am not sure whether you are eligible under those circumstances). Or you could get voluntary departure and then leave. Of course, if you have a strong case, you might be better off just pursuing the asylum, though it will take a long time. By the way, you should not have to wait until 2019. If the government lawyer agrees to voluntary departure or termination, you can file a Motion by paper and finish the court case. But all this is tricky and you are right to get the help of a lawyer. Take care, Jason
good
Hi
my asylum is denied. I have H1B Visa, If I want to travel outside US I need H1B stamp.
Does my denied asylum effect my re entry stamp Visa?
It should not, but I do not know the specifics of your case. If you used a lawyer to get you the H1b, you should talk to the lawyer so he/she can evaluate the specifics of your case to make sure there is no problem. Take care, Jason
What can we do if we requested a refugee travel document by mistake if we have a asylum application pending? We got a decision denying travel document but now we are stuck in a third country.
If you left the US without Advance Parole and do not have a valid visa to return, you are in a difficult spot and I do not know of any easy way to return to the US. I suppose you could contact the US Embassy and see whether they can help. You might also look into humanitarian parole (form I-131, available at http://www.sucks.gov), but that is not normally used for people in your situation. Take care, Jason
So, Jason.
What you’re saying is that they usually deny your i-131 if the application is based on pending asylum cases?
I am seriously considering to just to go to any other 3rd country-NOT the country that I fled from for fear of persecution-, BECAUSE IT TAKES TOO LONG TIME. I think I just can’t take it any longer.
If you have a humanitarian reason to apply for Advance Parole, using form I-131, USCIS should grant the request and you can travel to a third country and return to the US. The process is ridiculously slow now, which is creating a great hardship for many people. Take care, Jason
Jason:
My case is pending since last three years, my mom is really sick and wants to meet me. Can I apply for Advance parole based on a pending asylum case and meet my mom somewhere in the middle? Not in my home country.
Would they allow me to travel?
Yes – Assuming your case is with the asylum office and not the court. If your case is in court, it is probably not possible to travel. Also, if you have criminal convictions or other problems, it might block you from traveling. If you are not sure, talk to a lawyer before you apply for the travel document. Apply for Advance Parole use form I-131, available at http://www.uscis.gov. Include a letter from your mother’s doctor to show the reason you need to travel. Good luck, Jason
Hi,I have pending asylum application,was here with a different name years ago,did not mention that in my asylum application,previously had anemployment based petition filed,which wa’s not mentioned either,will it be an issue,at the time of the interview.
It will be an issue. If you were my client, I would have you get all the information you have about these prior applications and submit that information to the asylum office before the interview. Most likely, they will know about these applications, so there is no sense trying to hide them (it will just make them think you are lying to them). If you do not have the old applications, you could try to get them from the government by filing a Freedom of Information Act request, form G-639 available at http://www.uscis.gov. You may also want to talk to a lawyer, as your case sounds a bit complicated. Take care, Jason
Hi Jason, thanks for all this valuable
Info you kindly are giving to us thank you!
My case is a little different I am a young man living in the us escaping from prosecution due to political reasons, the reason because I came to this webpage, is that I’m in love with a girl from my country who was denied the tourist visa and a student visa at the embassy in my country. And I have been really thinking about the possibility of abandoning my asylum but I have found this possibility, I want to see how can it help us which is getting married in a third country with this girl and ask for humanitarian parole for her or something else… Please help
Me with this to see my choices.
I do not know whether you are eligible to keep your asylum case and travel to a third country, but you may be. You should talk to a lawyer about the specifics of your case before you travel. In general, a person seeking asylum can travel using Advance Parole, form I-131 (available at http://www.uscis.gov). If you meet her in a third country, get married, and return to the US, and then win your asylum case, you can bring her to the US using form I-730 (as long as you are legally married before you have a decision in your asylum case). The problem is that asylum takes so long, you might be waiting for years. While you are waiting, she could apply for humanitarian parole to come join you (using that same form, I-131). However, I think it is unlikely to be granted. Certainly, she can try, but generally they will not give humanitarian parole for this reason – it is usually for people who need medical treatment in the US. Anyway, you can try. Good luck, Jason
Hi Jason, thank you for your help here. I really appreciated that.
I’m an asylum seeker. My case is pending for 2 years so I’m currently out of status for over than 180 days.
However, i got my AP approved but I’m wondering if i could come back because of my expired i 94. Do you think i should travel with my AP anyway?
If you applied for asylum before you went out of status, you should be ok. In fact, even if you were out of status for a long time, and then applied for asylum, supposedly, you will not have a problem re-entering with AP. However, this makes me very nervous, and I would have a lawyer look at your case before you go, just to be safe. Take care, Jason
Hi Jason
I applied for asylum on Dec,2012, I’m still waiting for interview, lately I got H1b visa.
My question is:
Can I travel outside US with or without AP?
Thank You
Pedro
If you have a valid H1b visa, you generally should be able to leave the US and re-enter with that visa, even if you have an asylum case pending. However, it is not always so simple – for example, if you changed status in the US from an F to an H1b and then leave the US, you will need to go to the US embassy to get a new H1b visa in your passport – and this could create problems (potentially). So while I think it is probably do-able, you should talk to a lawyer to be sure, as you do not want any problems returning to the US. Take care, Jason
Hi Jason
Can I select the below application type to allow my wife to enter US on I-131:
1f []I am applying for an Advance Parole Document for a person
who is outside the united states.
What is the meaning of humanitarian? Is that mean I have to be sick so she has to care me or she can not stay on my home country because of the war?
I do not to fill I-131 for her and get rejected, please advice me if you know one who can bring his family using this form, and what is the reason?
Regards
Typically, humanitarian parole is used to bring someone to the US who needs medical help. I have not tried it to reunite family members, though I think it is worth a try. I can’t give you advice about the situation beyond that, except to say that you might want to consult with a lawyer about the specifics of the case, but I think if you read the instructions to the I-131, it gives some guidance about humanitarian parole. Also, I think that your wife is required to apply for a visa using regular channels before she seeks humanitarian parole. But check the instructions to be sure. Good luck, Jason
Hi Jason,
I am asylum applicant and my 2 kids are in my home country on dangerous condition. Is there any way to bring my kids immediately here?
They can come here on a tourist visa or student visa. If that does not work, you can try humanitarian parole (using form I-131, available at http://www.uscis.gov). You can also ask the asylum office to expedite your case (I wrote about this on February 26, 2015). It is very difficult to bring children (or anyone) quickly to the US, but hopefully you will have luck. Take care, Jason
Hi,
Will a baby born in the U.S help in an asylum case ??
Thanks
It could, depending on the circumstances. For example, if a baby girl born here faces FGM in the parents’ home country, the parents might be able to get asylum based on that. But it is very fact specific – you may want to discuss the situation with a lawyer to be sure. Take care, Jason
Hi jason,
I am dependent of my husband asylum. We left our country in state of fear from terrorist group. But my son, 16 years of age, couldn’t travel having no visa. He has to leave his education, the relatives are clearly reluctant to keep him. Our case is pending since may 2015. I am very anxious and worry about him. I m fear he can b kidnapped or killed. Is there any way to get a visa for him on humanitarian grounds ?? Can i need AP to travel my country to see him. Pls help me. Thanks.
You can ask that your case be expedited based on these problems, though it is not easy to get them to expedite a case. You could also have him apply for a visa or for humanitarian parole (using form I-131), but these avenues are unlikely to work. You can travel using Advance Parole (also form I-131) but if you go to your home country, it may cause your case to be canceled. Since you are a dependent on your husband, it may not cause your case to be canceled, but I am not sure. Also, you could go back to live in your country (or a third country) while your husband continues his asylum application. If he is granted, you and your son can join him. This situation is very difficult and I do not know all the facts, so I recommend you talk to a lawyer before you make any decisions. Good luck, Jason
Do not make the mistake of leaving to see ur son. Doing this, you are creating huuuuuuge problem for your husband who is the principal applicant. Be sure that your husband will lose his case if you travel and you are alive, hail and hearty at your home country at the time your husband will be finally interviewed. The ground to dismiss your husband case would be that since his wife went back to the country you both fear persecution, it then shows that your husband would be just fine if returned. Please have pity on ur husband’s life and save him the trouble of being denied asylum.
As for your son, try every means possible to get him to another part of your home country to see how he can resettle there. And from US you can try to send money for his upkeep and of course remember him in prayer always.
As for trying to get him into the US, forget it! They wont give him visa. Infact, his being alive in your home country can be a barrier to your husband winning. So i will suggest you try to at least prepare to have him apply to other countries say Canada, or UK; as soon as he enters there, he should apply for asylum too.
Who knows, at the point the father who is your husband wins his case, it becomes easier to send for him. Infact, this process may make a point during your husband’s interview to show that situation has not improved back home and people were after his son’s life hence his son also fled to another country.
Buh be rest assured that US embassy in your home country will not give your son a visa. Because they know the process the parents are involved in the US as such it becomes so impossible to grant a visa to him because of the surname. I mean this people are not idiots. They are human beings and its their job for which they are very well trained. You just have to be truthful all the way.
Goodluck.
Hi Jason ,
I have asylm interview on 18th of Nov after waiting like more than year and half the asylm officer gave me the paper to come for decision in Arlington office for two weeks after week she calls me and says that she cannot make decision cause she is moving to other office?now for sure I know that she got promoted to crytal city office,is it vise to contact her in personal walking there and making an inqury?
It is very common for decisions to get delayed like this. I do not know how you will contact the officer, but you can contact the asylum office (in person or by email) to ask about your case. If you have the officer’s phone number, I suppose you can call; I do not know if this would be a problem – I doubt it, though. Good luck, Jason
Hi Jason,
I’m a dependent on my husband’s asylum application. We haven’t been interviewed yet, but I have a business trip to Mexico scheduled for 2 months from now. Would I be able to get the AP in such a short time? Is there a risk of not been granted the re-entry when I come back?
Thanks! 🙂
You could try, but USCIS has been very difficult and slow about AP. You probably will have to make an INFOPass appointment to meet with USCIS and ask them about the case. You can make an appointment at http://www.uscis.gov. However, if you really are in a rush, you might want to meet with a lawyer to see whether he/she can help you. Take care, Jason
Dear Jason,
I am a dependent of pending asylum application. We have not yet had an interview. Right now I am a college student who is trying to attend an academic program outside of the US. Can I apply for Advanced Parole for this purpose? I understand that recently USCIS updated their Advanced Parole requirement and added the article for “Humanitarian purposes,” and I just want to make sure that education or occupational purposed trips are still sound reasons for applying to Advanced Parole.
Also, I’m wondering if the application for Advanced Parole (with me as a dependent of asylum application) conflicts in any way with an application for Optional Practical Training (with me as an F-1 student). I intend to apply for both this coming summer but eventually I will only use one. I don’t know if it is likely that one gets denied.
Thank you so much for your help,
Jasmine
I do not think asylum will interfere with OPT. You can try to get Advance Parole for study purposes. We had one client (a doctor) who left the US to start a medical program overseas, and USCIS gave him AP for that. Maybe you can get some letters from professors about why this is essential to your studies (your education might be considered a humanitarian reason for AP). You should apply as early as possible for AP, since it can take over 6 months to get the approval. Good luck, Jason
Hi Jason,
Thank you so much for your advice. My Summer program will start on June 13, I am not able to get the AP before that time. I would like to know if I can leave and return to the US on F-1 while my asylum dependent status would not affect my reentry at the port of entry, and such reentry would not be deemed as abandonment of my asylum dependent status?
Thank you so much for your further help.
Jasmine
I have had clients leave on a non-immigrant visa and then re-enter, all while asylum is pending. However, under the law, they are actually not admissible, so they could have been stopped and detained. I think you should talk to a lawyer about your specific situation before you go. Take care, Jason
Hi Jason
I applied for asylum in 2013 and my case is pending.I have not yet had my first interview. Is it a good idea to apply for AP to meet family members in a third country.
You can do it, but sometimes it is difficult to get (and slow). You need to give evidence of a humanitarian reason, for example, if you have a sick relative, get a letter from the relative’s doctor. Also, you may want to talk to a lawyer before you do this, as some people may be blocked from re-entering depending on their situation. Good luck, Jason
Hi Jason, I want to thank you for all your useful updates, I applied since 2013, and after two years of waiting I finally had my interview in nov 2015, the officer who interviewed me called and requested that I update my Biometrics in NY where I recently moved, ” did my interview in Arlington where My case was filed and they already heard from my attorney about my change of state, interview was not that horrible but intense” she said as soon as I update my biometrics she will issue the decision right away, I did already next day, now it’s march and I haven’t heard anything from Arlington’s office, shall I contact them ?
This is a common story – I wish they would not make people promises about getting decisions when they cannot keep those promises. Yes, you can contact Arlington by email or go there in person (any Wednesday morning). Calling seems utterly useless. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason! My husband applied for an asylum as a main applicant and I am as a spouse of applicant. I have nit seen my family almost 5 years. Do I have a chance to get AP?
You can apply using form I-131. You need to show a humanitarian need to go, and it would be better not to go to the country of persecution – if you plan to do that, talk to a lawyer first to be safe. Take care, Jason
Hi Jason thanks for the help people in here. My question is i was apply asylum almost 4 years ago than i been wait 3 year for first interview at immg office finally got my first interview 6 month ago. but still waiting their decision. I have work permit already just renewed. So during this time can i apply Advance Parole for going to 3rd country? Because 4 year passed and long time no see my family. And for example if i can and during the travel time if they will send me decision like denied still can i return back to usa for continue my case and going to first court? Thanks
The delays are really tragic for people separated from family members. You can apply for Advance Parole to go to a third country. You need to provide a humanitarian reason for the trip, and USCIS can be real jerks about granting the AP. In any case, you can apply. If you get it, you should be able to leave and then return to the US, even if the case is denied while you are away (you will get here, but if the case is denied, you may end up being detained at the airport and you will have to get out of jail and continue your case in court – this is unlikely, but possible). To apply for AP use the form I-131. Take care, Jason
i will file form I 131 for Advance Parole and my application is political asylum pending , how much do I pay for filing this form pls give me the accurate amount for filing the form before writing on my check.by the way I had a biometric done on last Dec.2015 with finger printing. Your forum is very well informative and helps a lot a people regarding this case. GOOD LUCK! THANK YOU
If you check the instructions for the I-131 at http://www.uscis.gov, you will see the filing fee. The check should be written to “Department of Homeland Security.” Take care, Jason
I am pending asylum, like many waiting for my asylum interview. I am also a licensed pilot with high security clearance, I Just got my Work Authorization based on the lapse of 180 days without an interview. Now every pilot job that I applied for and was about to get f requires travel. Is there a way I can expedite my interview or get an advanced parole to use for travel for my job??
You can request an expedited interview by submitting a letter (with evidence) to your asylum office. They often will not expedite, but you can try. Good luck, Jason
Hello Jason,
I am an asylum applicant with my wife and my son as dependents, my case is in a wait-for-interview status. My son is studying in a local University on a 5-year term F1 visa. I would like to know, under the current pending status can my son travel outside and return to USA with his F1 visa? does he need to apply for Advance Parole?
Secondly, I understand that during the immigration court proceeding, I can’t go outside USA, however, what about my wife and my son? can they travel outside USA based on their own still valid visa while at the same time maintaining their dependents’ status with me?
Thanks n regards
To answer, I would need to know whether your case is in court or at the asylum office. My guess is that it is in the asylum office. If so, it is far better to travel outside the US only if you have advance parole. I have had clients travel and return without it, but that is a real risk. If a person’s case is in court, they generally cannot travel outside the US and return. In either case (court or asylum office), it would be very wise to consult a lawyer before anyone leaves the US – there may be aspects of your case that I do not know about that could block you from returning. Take care, Jason
[…] note or photo of the parent in the hospital, as one attorney recently explained in a blog article. USCIS will require additional evidence, such as hospital records, showing what illness the parent […]
hi im an asylum applicant but my asylum is still pending i will have my master court like the last court to see if gets approve on 2017 i was wondering if i can ge an advance parole
If your case is in court and you leave the US, you will be considered deported. I do not think you can get advance parole. Take care, Jason
Hi Jason
I am Asylum applicant and my case is still pending, I just received my advance parole for 2 months with multiple entries, as I requested and showed them the evidence why I am travelling to Germany.
I have some training to do there but the dates of the training has changed ( Postponeded for 10 Day) but it’s still before the expiration date of my AP, So do I need to inform USCIS of those changes or is it ok to go as I will be back before the expiration date of my AP.
I also moved to a new address now which is different than the one on my AP, Do I need to inform them about that (I did file form AR-11 for my asylum application)
Thank you
Hi Jason,
I am Asylum applicant and my case is still pending, I just received my advance parole for one year with multiple entries, as I requested and showed them the evidence why I am travelling to the third country, My daughter is seek and I am going to meet my daughter in the third country and to get for her doctor appointment.
Do you think its safe?
It would be a good idea to consult with a lawyer before you go, but the Advance Parole should allow you to go and return. Nevertheless, whenever you leave there is a risk, so it would be wise to talk to a lawyer before you leave. Good luck, Jason
Hi Jason I have a question ..
Im an asylum seeker and my next interview is gonna be on Dec 2017 I want to apply for Advance Parole .. I just wanna travel to see my fiance and my familly ..but Im planning to see them in another country not in my Country .. what are my options .. do you think I can apply and get approved or no ??
THANK YOU,Lia.
It sounds like your case is in immigration court. If so, I think Advance Parole is not an option – if you leave the US, it is considered a “self-deportation.” I suggest you talk to a lawyer about your options, but unfortunately, I do not know how you can legally travel outside the US and return to continue your case. Take care, Jason
Hi,
I’m an asylum applicant and I want to go back to my country because my mother is very sick and she has no one to help her, I don’t want an advance parole, do you think they would give me hard time while leaving at the airport or is it ok?
I do not think you will have trouble leaving the US, but I am not sure whether you will be able to come back. Your problem is pretty common now that these cases are so slow. It is very unfortunate. Good luck to you and your family, Jason
Jason, is it possible to obtain advance parole to travel to the country from which one seeks asylum to visit a gravely ill relative?
It may be possible to get it, but it would very likely have negative consequences on the case for an asylum seeker to return to his country for any reason. In a situation like this, it is good to consult with a lawyer before you apply for Advance Parole. Take care, Jason
Jason, adding to my previous question: how long does it take to get advance parole? Is it possible to expedite it if it is for work-related travel? Thanks.
It probably took us over 6 months, and there was one request for additional evidence. It was a real annoyance to get it.
Hello Jason:
Could you please explain if advance parole can be used for multiple travel/entry into the US. For example, if one has to travel for work regularly throughout the year, is it possible to do so with one advance parole document? Do you have to specify each trip and dates in advance, even if you don’t know when exactly they might occur throughout the year?
Thank you.
There are big problems with Advance Parole. We just got it for one of our clients, but it is often denied. Theoretically, you can get multiple entries, but I think they are being very restrictive about this, and so it will not be easy to get that. Good luck, Jason
Hi Jason
I have a question the attorney for government offer me a non deportation ask me to stop the the request for asylum which my lawyer say no its not gonna help but the attorney wanted to see me and my lawyer together and explain .basic he is saying he wants expect for my case because he gets confused there and there so he wants more proof /evidence once i get everything together I can start the case.is that possible to happen? But if I don’t want the offer I will go for a hearing next month and if the judge say no I will be on deportation .can that really happen I do they deport someone who is afraid to go back to the country then send that person back it’s like you know u going to suffer the rest of you life .Also how long is it gonna take to start the clock ?
You need to discuss this with your lawyer and if you do not trust the lawyer, you should find a new one. Assuming your case is in immigration court, the government attorney does sometimes offer you prosecutorial discretion – called “PD” – and this results in your case being closed, but you do not have any status, and the case can be reopened at any time. If you get PD, you should be able to get a work permit, but you would need to talk to the lawyer about that too. Good luck, Jason
Hi Jason,
Do you know from your experiences are there a lot of people who has troubles coming back to US, after they’ve got they advance parole? Do they ask a lot of questions at the border patrol? or just like everybody else who travels with travel document under different category.
P.S I’m a student and I still have F1 status. (not visa)
I have not heard about people with Advance Parole having trouble re-entering the US, but not too many people do it. Personally, I think it is better not to travel unless you really need to. Good luck, Jason
Learning hard and fast about all this for a friend who has filed for asylum and permanent status, as of April 2013… who is still “pending” who also filed for TPS for he and his family, well one of his son’s got approved but he and the rest of his family’s paperwork got redirected several times between two different offices and now he is terrified that it will get lost again. He is asking me now about the Advance Parole because he is running out of money because he has been here too long unable to work and his savings has run out but the Asylum offices never answer their phones. It is very frustrating. :/
Unfortunately, his story is very common. He can try for Advance Parole, but there have been problems with that (as I mention in the blog), but if he does that, it is better to talk to a lawyer before he applies, as some people will not be able to return after they leave, and so he should be careful. Hopefully he will have an interview soon. Good luck, Jason
Hi Jason,
Thanks for your reply in my previous question. I have another question regarding my Advance Parole Document which was denied by USCIS saying ” Service records indicate that you departed the US before being issued an Advance Parole Doc. Therefore, it is ordered that this application be denied.”
Their record is 100% wrong because I never have departed from US after filing I-589.
My question is : Is it worth to apply I-290B ( Notice of Appeal) by paying $630? Can I send them my own statement without that much fee? what more evidences should I need to provide them?
I appreciate your advice.
That sounds like a pretty normal experience – they are 100% wrong, but you are stuck. I do not know if a fee waiver (form I-912) is allowed for an appeal, but you can check. For one of my cases, I tried sending a letter explaining that they were completely wrong (in a nice way), but they rejected it without even looking at it. If the fee waiver does not work, you are probably better off filing a new application, as it is less expensive and probably faster. Good luck, Jason
I think maybe USCIS just hired a bunch of new folks, or something. In a span of two weeks, I got 4 rejections for (c)(9) EAD renewals that were routinely granted without issue; I didn’t change anything in our submission packet. I wrote a lengthy explanation in my cover letter and printed a copy of the rules on my last couple; nothing helped. I am beyond frustrated.
Sorry to hear it, but I am not surprised. I may raise the I-131 issue with the Ombudsman, for what that is worth. But for me – and I get the sense that I am not alone – the frustration with USCIS is at an all time high.
Thank you for writing about this topic. I have submitted short briefs with the I-131s accompanying my cases to help guide the adjudicators through the process. It’s extremely frustrating to both the client and ourselves.
That sounds like a good idea that should be unnecessary, but of course it is necessary. I will start doing the same and hope it helps. But of course, I should also raise my price for an I-131, since it is more work. Ugh.
Thanks for letting us know about this outrageous abuse of asylum applicants. It beggars belief. Doesn’t USCIS read its own friggin’ instructions?
Do we need to cite to 8 CFR 208.8 in big bold text in our cover letters? Or even file a short legal brief with the application (it could be standardized to reduce cost)? Would a successful appeal to the AAU get USCIS’s attention, even if it’s too time-consuming and expensive to be worth the client’s while?
These questions are in my mind too, and I don’t know. The applications I submitted were very clear and included evidence of the pending asylum cases. So I am not sure exactly how to make them understand the law.