When government scientists invented Advance Parole (“AP”), they were not thinking about asylum seekers. Even today, if you look at the instructions to form I-131, the form used to apply for AP, you’ll find nary a word about asylum seekers (though asylees—people already granted asylum—can apply for a Refugee Travel Document using the same form). But fear not: People who have filed affirmatively for asylum and who are waiting for their interview can file for AP in order to travel abroad and return while their case is pending.
First, a brief word about asylum seekers who are not eligible to travel and return using AP. People who are in removal proceedings (i.e., in Immigration Court) cannot leave the U.S. and return, even if they have AP. If you are in removal proceedings, it means the government is trying to deport you, and if you leave, you are considered to have deported yourself. Thus, even if you apply for AP and receive the travel document, if you leave the United States, you will be deported, and thus barred from return. And yes, I am sure that there is a story about your third cousin’s best friend who was in Immigration Court, and who left and returned using AP. To that, I say: Talk to your cousin’s friend’s lawyer (and if you learn something, let me know!). My opinion is that if you are in removal proceedings and you leave the U.S., either you won’t get back here at all, or you will be detained upon arrival.
Another group that may be ineligible to travel using AP are J-1 visa holders subject to the pesky two-year home residency requirement. There are more people like this than you might imagine, and for such people, I recommend you talk to a lawyer about AP. Asylum basically “erases” the home residency requirement, but it is unclear (at least to me) whether this will work for purposes of AP while the asylum application is still pending.
Also, there was a group of people who were ineligible for AP, but who are now eligible. It is people who have six months or more of “unlawful presence.” If a person remains in the U.S. after her period of stay ends, she accrues unlawful presence (you stop accruing unlawful presence once you file for asylum). If she accrues six months of unlawful presence and leaves, she is barred from returning for three years. If she has one year or more of unlawful presence and then leaves, she cannot return for 10 years. Prior to 2012, if a person had six or more months of unlawful presence and left, she could not return to the U.S., even with AP. However, a decision by the Board of Immigration Appeals changed the rule, and so now, even if you have unlawful presence, you can leave the U.S. and return using Advance Parole. Thank you BIA!
There might be other people who are also ineligible to travel–people with criminal convictions or prior removal/deportation orders, for example. If you are not sure, you should certainly talk to a lawyer before applying for AP or traveling.
Next, let’s talk about what AP is and is not. If you get AP, you will receive a piece of paper with your photo on it. This paper works like a U.S. visa. It allows you to board the plane (or boat, if, like me, you hate flying), and pass through customs once you arrive at the port of entry. AP is not a passport or a Refugee Travel Document. You cannot use it to go to other countries or as a form of ID. If you travel with AP, you also need a passport. Keep in mind that traveling with a passport from a country where you fear persecution can raise questions at the asylum interview about why you would “avail” yourself of the protection of your country by using its passport. You should be prepared to respond to such questions, with evidence, during your interview.
So how do you apply for AP? Use form I-131. This one magic form can be used for all sorts of different applications: AP, Refugee Travel Document, DACA (at least for the next couple weeks), humanitarian parole. If you are applying for AP, complete only the portions of the form that apply to Advance Parole. You need to include evidence of a pending asylum case (receipts, biometrics notice), two passport-size photos, a copy of your passport or other government-issued photo ID (like an EAD card), and the filing fee (a whopping $575.00 as of this writing).
Also, you need to demonstrate a humanitarian need for the travel. It is not enough that you simply want to travel. A humanitarian reason might be that you are traveling to receive medical treatment or going to visit a seriously ill relative. It might also be because you are attending a funeral for a close relative. We have sought AP for people who needed to travel for work or education, though that was pre-Trump, and I would not feel particularly optimistic about such an application today.
To demonstrate a humanitarian need for AP, you need to provide a written explanation for the travel. You also need to provide evidence: A letter from the doctor, in the case of medical travel, or a death certificate if you are traveling for a funeral. If you are trying to travel for work or education, you need a letter from your job or school, plus an explanation of why the travel is “humanitarian.” In addition, if you are traveling to visit a sick relative, provide proof of the relationship, such as birth or marriage certificates connecting you to your relative.
On the form I-131, you need to state the dates of proposed travel. Don’t make the date too soon, or USCIS will not be able to process the paperwork before your travel date, and then they will send a request for evidence asking you to explain whether you still plan to travel since your departure date passed before AP was approved.
Also, it may be possible to expedite a request for AP, or even to get AP on an emergency basis, though you can bet that the bureaucrats at USCIS will not make the process easy. For more information about such requests, see the USCIS Ombudsman webpage.
Finally, and this is important, if you are an asylum seeker and you use AP to visit your home country, it will very likely cause your asylum case to be denied. Indeed, unless you can demonstrate “compelling reasons” for returning to your country, your asylum application will be deemed abandoned by the return trip. You can learn more about that here.
So there you have it. Most lawyers–including this one–discourage our clients from traveling with AP. There is always a risk when you leave the U.S. You might have trouble boarding a return flight. You could be detained upon arrival in the United States. Our capricious President might issue a new travel ban. But so far (knock on wood), we have not had any problems for our clients who traveled using AP. I do think it is better to stay in the country while your asylum application is pending, but given the long waits, some people must travel. If so, at least AP gives most people that option.
Hi Jason,
If I get an AP on a political affirmative asylum pending:
1. Is it okay to travel with my passport to a 3rd Country, will traveling on your government’s passport have impact on my return at the point of entry or on my asylum interview if I have a good reason to travel?
2. What if I have accumulated 183 days of unlawful presence before I filed for asylum, would that trigger 3/10 year ban?
Thanks
1 – Traveling with your passport is the only option in this situation. There should be no problem to re-enter the US as long as the AP is valid. In terms of the asylum case, if you fear the home government (as opposed to a non-state actor, such as a terrorist group), you should be prepared to explain why you used a passport from that government. I doubt it would create major problems for the asylum case, but it may depend on the facts of the case, and certainly, you should be prepared to explain about using the passport if asked. 2 – For purposes of re-entering the US on AP, you would be ok. However, for other purposes, such as adjusting status based on a job or family relationship, I am not sure, and you would want to have a lawyer look at that before you travel. I think the travel would not trigger the bar, but I am not completely sure about that and you would want to know for sure before you travel. Take care, Jason
Hi Jason,
I was on H1B and doing a job. I left my employer and hopped on to my wife’s asylum case as an asylum derivative. My H1B has now expired. I was never outside status during this transition from H1B to asylum derivative. I then applied for advance parole and luckily got one. I also got an EAD from my asylum derivative application.
1. I want to travel to home country, can I do multiple entries on the AP?. My parole document says “valid for Multiple applications for parole into US”
2. My parole document also says “each parole period shall not exceed one day from the date of parole at the port of entry”. Struggling to understand what this means
2. How long can I stay outside usa when travelling on AP? can it be more than a month/2 months/6 months ,not asking theoretically rather practically without raising undue questions during re-entry? Any real life experience you can share that had issues when returning to US after a long stay? either in home country or at port US of entry?
3. After returning back will I have a parolee status or an EAD status? Can I work on my EAD after returning back if I will have a parolee status after returning?
4. If I do not return what happens to my asylum derivative application and to my wife’s asylum application?
Appreciate your expert advice and help. Thanks
1 – If it says you can use it for multiple entries, you can, as long as it remains valid. 2 – I have no idea and I don’t recall seeing that before, but I probably haven’t read the document closely. In any event, once you are back in the US, you will still be a dependent on your wife’s asylum case, so you are allowed to remain here. 2 again – My understanding is that you can return to the US as long as the parole document is valid. I do not remember how long my clients have left for, but I would not leave for more than 5 months, just to be safe. 3 – You will have a pending asylum application and an EAD, which is not really a status; it is an application for status (asylum). 4 – Once parole ends, you would have no way back to the US except to get a new visa (and some visas, such as B or F will be very difficult to get). Once your wife goes to the asylum interview and you are not there, you will be removed from the case. She can also email the asylum office and ask about removing you, but I am not sure how that will work. Take care, Jason
Thank you so much Jason. You are a savior.
Hello Jason,
I have pending asylum case (lgbt case) for 5-6 years now, no other status as F-1 was expired. Recently, my mom is very ill in my home country and she is in critical condition. I applied emergency advance parole by info pass and it was approved. My question:
-Is it going to affect my return to the U.S even though I have approved advance parole since I go to home country? And also my case when I go to the interview? It will impact negatively or deny more likely because of home country travel record?
-If I dont go home country, can I go to the third country and come back? But third country is not listed in the I-131 form.
-If it happens that I cancel my trip and dont use my advance parole, would it cause any potential issues later on during interview?
Thank you so much,
1 – As long as the AP is valid and you have a passport to travel, you should be able to re-enter the US. I would also have access to asylum receipts (maybe have them scanned so a friend can email them to you if needed, which is unlikely). 2 – The trip will affect your interview and they will almost certainly ask about it. You will need to explain why you returned and how you stayed safe. For an LGBT cases, the answer might be that people back home to do not know about your sexual orientation and so you can go there and not face harm if it is only a short trip. All this should be explained with evidence (mother’s medical record, affidavit from you). 3 – You can go to a third country. Once you have the AP, it allows you to re-enter the US. You can go anywhere you want, though you have to use your passport and, if needed, a visa to enter that country. I highly doubt you would ever be asked, but you can easily explain that you did not plan to go to the third country when you applied for the AP, but then decided to travel there later, and so everything on the I-131 form was true. 4 – No, you can explain that you applied to visit your mother, but then became to afraid to travel there since it is unsafe, or whatever the explanation may be. Take care, Jason
Hello Jason, in the article, you mentioned the need to include evidence with the AP application: “You also need to provide evidence, such as a letter from the doctor.” What if the letter from the doctor is in a different language? Is an official certified translation required, or can I translate it myself?
You can translate it yourself, but you should have someone else who speaks both languages review it and sign a certificate of translation. I did a post on August 24, 2017 about this, with a link to a translation certificate. Take care, Jason
Hi Jason,
Thank you so much for the work you do – your blog helped me a lot.
I got a combo card (EAD/AP) based on my pending I-485 (marriage based) and want to travel to Canada. Do I need to apply for Canadian visa based on my international passport (Belarus) or can I show the combo card on the border? Will travel by car.
Thank you!
I do not know for sure, but I suspect you will need your passport and – if a visa is required for Belarus – a visa as well. You might check the Canadian embassy website to see if it has anything to say about entering Canada with only a work permit. Take care, Jason
Hi,
I’m a pending asylum seeker (awaiting interview) and I recently applied for AP due to business needs on my current employer.
I indicated on my I-131 application letter that I need a travel document since I don’t have a passport from my birth country, nor will I apply for one based on my current status (asylum seeker).
If my AP is approved, will I get a travel document automatically? What do I do if just receive the AP letter and I don’t have a passport to travel to the places I need to go to?
Thanks!
AP is not a travel document – it is a re-entry permit, like a US visa, and you need a passport to travel. Then you use AP to return to the US. I know of no way to get a travel document while your asylum case is pending and everyone I know who travels uses their passport. This does involve a potential risk to your asylum case, depending on the nature of the case, and everyone needs to decide whether it is worth the risk to be able to travel. Take care, Jason
Hi Jason,
Recently had my individual hearing for my asylum case and my case was jointly dismissed without prejudice based off OPLA’s prosecution discretion. I have TPS. I want to get the travel authorization based off my TPS and travel. I am eligible to do so to my knowledge but I worry if I travel and come back, I would be blindsided and not allowed in since my asylum case was dismissed. Please let me know your thoughts about this. Can I travel with the travel authorization knowing my asylum case was dismissed?
If the case was dismissed, there is no deportation order, and so you should be fine to travel and return using Advance Parole (which can apply for using form I-131, available at http://www.uscis.gov). Take care, Jason
My friend have a Uvisa app pending since july 2021 for almost over 2yrs now with no BD EAD. The lawyer called asking to update his files for adopted kids. Is this a good sign? When do u think he will get the BD EAD? Is the call a sign that USCIS might want to make a quick decision for him to get BD EAD and the VIsa itself sooner?
He also had an asylum case that us now with BIA after the court denied his case, he appeal.
He just called me to know what option might ne on the way for him or what do my immigration lawyer respond think would happen to his both cases?
This friend had been in the US since 2017 fighting for his case and was attacked in 2020 by some Americans that landed them in Jail as even the police encourage my friend to applied for the UVisa since he had no status as American or a with a green card looking at the attack and how the police was looking for a way to arrest the attackers who were always attacking others and going in hiding. My friend was able to quickly help the police with all prove to arrest them. He said he went thought mental health problems and stay going through it from the attacked.
The police quickly sign n approved his UVisa form when the lawyer asked. But still now he is stay waiting and can’t get a respond from nothing.
What are the best option he may have between the Uvisa EAD, uvisa itself and asylum case. What can he hope for?
When can he apply for AP also? When he gets BD EAD or the UVisa or his asylum case is won?
I do not do U visa cases, and so I do not know much about that. However, he may want to inform DHS (the prosecutor) and see if they might agree to dismiss the court case/BIA case since he has a pending U visa. Probably, they will not do that until the U visa is approved, but it might be worth asking, since if the BIA denies the case, he will have a removal order, which may make life more difficult in terms of getting the U visa, and which could potentially result in his being deported before the U visa is approved. I think he should go over with his lawyer about the best way to proceed with both cases, so he understands where he is now and what is the plan going forward. Take care, Jason
Hello Jason!
I have a pending asylum case (haven’t had the first interview yet). Also I got the TPS status (I’m from Ukraine), and the advance parole document based on the TPS status.
Recently traveled abroad with that advance parole document. Upon return to the USA I got “Paroled” stamp to my Ukrainian passport and on the advance parole document.
Just heard from one lawyer, that if one travels with the advance parole based on TPS, then the asylum case can be closed. Do you know something about this? I’m the main applicant on the asylum case and my spouse is a dependent (my spouse if from another country and don’t have ground for TPS).
If this is true – how does the asylum case closure happens? Do we still have to wait for them to call us for the first interview or UCSIS just sent the letter etc?
I’m really worried, because if this is true than my spouse can stay without any status. Please advise.
Thank you!
I think that is not correct – I have never heard about an asylum case being closed because a person traveled with AP. I have had clients travel with AP and there was no issue either, and so I think that will not happen. Take care, Jason
Thank you, Jason!
Hi Jason I’m pending asylum since 2016, I have a death in family would I be eligible for advance parole and what are the chances of getting approved and return experiences. Thank you
I am sorry for your loss – it is very difficult when you are far away. You should be able to get AP, but of course, if you use it to go to your home country, that could have a very negative effect on your asylum case. Also, unless you can expedite it, it take about a year to get it. A death in the family can be a good reason to expedite, but it is not easy to get USCIS to pay attention to your request. I wrote more about expediting in general on January 29, 2020 and maybe that would help. Take care, Jason
Thank you
Another question Jason I saw some lawyers say once you get advance parole and travel to your home it’s considered abandoned. I’m confused on what to do because it’s a death in the family and the funeral is in my home country . What options would you advise.
Traveling to the home country before asylum is approved is not an abandonment. However, it will likely become a major issue in the asylum case and can certainly lead to a denial. You would have to balance the risk (which is substantial) with your need to go home, and at a minimum, you should be prepared to explain how you could go home and stay safe, and why you did that (and have evidence for everything). Traveling home after asylum granted is less of a problem, but if the return trip causes the US government to think that your asylum case was fake or that you no longer need asylum, it could result in a loss of status, though that is a relatively long process in most cases. I wrote about traveling to the home country after asylum is granted on January 6, 2016. Take care, Jason
Hi Jason ,Thanks for helping us with useful information.
I came to US with student visa 8 years ago.I applied for asylum before one year deadline while I was on status.After finishing my masters I fell out of status and I have been working with Asylum EAD card all these years. Unfortunatly,My asylum case was rejected on Asylum office and I am on removal proceeding and waiting for asylum court.
On the other hand,my mother is green card holder and she has applied for me as F2B category in 2015.If I start NVC process and go to third country for consular interview, would it cause any risk for me?Is there any possibility that my green card case get denied?Since I am not eligible for Advanced parole,I want to make sure there is no risk for me.
Also,I am originally from Iran. since, we don’t have US embassy in our country, I don’t need to travel to my home country which I have fear of persecution .I can easily go to Armenia US embassy .Armenia doesn’t need any visa for Iranians but my concern is whether us embassy may reject my green card or not.
Thanks a lot for helping me.
As long as you do not have criminal convictions or a deport order, it should be possible to get your GC overseas. However, you need to be sure that you are not subject to any bars, and you need to get your court case either dismissed without a deport order or get “voluntary departure” and leave the country. I strongly urge you to talk to a lawyer to review everything and make a plan to minimize the risks, as this is not a simple matter due to the pending court case (and also the referral, which could possibly have a negative impact depending on the reason for the referral). That said, this should be do-able, but you need to do it correctly and safely, and I think for that, you really need a lawyer. Take care, Jason
Hi Jason,
I wanted to share my story because you have been such an amazing resource for me.
I came to us on student visa, fell out of status for 10 days, applied for asylum. My work sponsored me h1, so I went to canada to get visa stamp. I applied for PR in canada while waiting for asylum interview and got the canada PR.
I got advance parole for 30 days to see sick grandma and fortunately the timing worked out.
H1 interview was smooth, wasn’t asked about asylum and came back to US.
My question for you Jason, is should I leave my asylum application as it is? I already have Canada PR, and h1 in US. But I don’t want it to affect my employment based Green Card application in any way.
Should I continue to wait for asylum interview and attend it when called or should I withdraw it?
Hey Tori,
When you moved to Canada to get the Canada PR, did you apply for Advanced Parole? did you apply for Advance parole to go to Canada or go see grandma; I am confused, because i am planing on going to get my PR in canada but not sure how to go, Jason told me in another post that if i got get a PR in Canada my assylum here in USA may be declined for reason having been.a resident safe country already
Hi asylee,
I did it all – visited sick relative, got Canada PR, got h1. This took some amount of planning from a year ago.
It sounds like you do not need the asylum-pending work permit, and so you may want to withdraw the asylum case. The reason is that you would no longer qualify for asylum since you have permanent status in Canada (in other words, you are “firmly resettled in Canada). On the other hand, there is really no reason to withdraw the asylum case, since it does affect the H1b or any employment-based immigration. My thought is that you may want to withdraw the case, only because if you get scheduled for an interview, you would need to attend that interview, which you may want to avoid since you do not need the asylum anyway. Maybe talk to a lawyer if you want more specific advice, but I doubt it will make much difference either way. Take care, Jason
Hi Jason,
“We have sought AP for people who needed to travel for work or education, though that was pre-Trump, and I would not feel particularly optimistic about such an application today.”
Since the article was written in 2017, have you seen any change nowadays under Biden ministration?
Regards,
Nick
I believe we have gotten AP for at least one person with asylum pending since Biden came into office. The process is still slow and unpredictable and the amount of time given for AP is also unpredictable. That said, people with pending asylum cases can apply for AP and use that to travel and return. Take care, Jason
Hello Jason,
Does Asylee has to get a reentry permit,To enter USA? Or just the RTD and AP?
Thank you.
An asylee needs only a valid Refugee Travel Document to enter the US. Asylees do not also need AP. Take care, Jason
Is it safer to travel abroad (3rd country) before you apply LPR, as an Asylee?
Can CBP stop us even though you have proof of asylee?
Thanks!
As long as you have a Refugee Travel Document to re-enter the US, travel during your time as an asylee should be no problem. Do note that such travel delays the time when you can apply for a green card, since you have to have one year physically present in the US. Meaning, if you leave for 2 weeks, you need to wait 1 year and 2 weeks after receiving asylum to apply for the GC. Take care, Jason
Hi Jason,
God bless you for all the things you do for us helpless people.
I applied for Advance parole based on pending asylum(to see my sick grandma) about 6 months ago. I recently received an RFE saying they want “PROOF OF PENDING FORM I-485”.
This makes no sense to me because I had clearly mentioned on my cover letter that my application was based on pending asylum and also included my asylum application receipt.
How should I respond to this RFE from USCIS? I am thinking of writing another affidavit and sending asylum application receipt again, but can I refer an immigration law or something as well? What else can I send?
I think you need to write a letter explaining that you filed based on pending asylum, and that you submitted evidence of the pending asylum case. I would also send copies of that evidence again: receipt and biometrics. You can also get a print out from http://www.uscis.gov that the asylum case is still pending – use your asylum receipt number (not the A number; the receipt number should start with Z and appear on the receipt). You can enter that into the “check case status” page and it should say the case is pending. You might also double check the form I-131 (if you have a copy) to see whether you indicated anywhere on there that you had a pending I-485. I think that is probably all you can do. Good luck, Jason
Hi Thank you for detailed information, I have this question on mind.
I have a pending asylum but we got a PD (prosecutorial discretion) granted by the immigration judge, means my case is out of court because of me and my spouse filed for I-130, I am not eligible for adjustment of status even though I applied for asylum before 6 months of unlawful present. Can I still get a AP to use it to go to the interview in my home country and then return with it? My asylum is not goverment base. Thank you in advance.
Whether that would work would depend on the type of PD. If the case is admin closed (and not dismissed) and you leave the US, it will be considered a deportation, which will make it difficult or impossible to come back to the US for years. I would talk to a lawyer to review the situation before you make a decision to leave the US to try consular processing, as you might not be able to return. Take care, Jason
Hi Jason,
I have my AP application pending based on pending asylum as my only status. I have an H1B interview setup in a 3rd country soon. If my AP application doesn’t get approved in time, I am still planning to go.
I only have pending asylum as a basis to stay in the US. I entered as F-1 D/S student.
I am now getting fearful – If I go outside US without AP, would I be immediately subject to the 3/10 years bar because my asylum is considered abandoned (and my last 3 years of stay as asylum applicant is considered “unlawful”).
What do you think about that?
Time spent in the US with asylum pending is not considered unlawful status. The only time that would count towards the 3/10 year bar would be the time from when you went out of status as a student (which can often be a bit tricky to calculate because the of the D/S issue) and the date you filed for asylum. So if you filed for asylum while you were still a full-time student, you would have 0 unlawful presence. If you think you do have unlawful presence, talk to a lawyer to decide how to proceed, as you do not want to risk leaving only to find that you have a bar to returning. Take care, Jason
Hello Jason,
I have an asylum pending since September 2017, I also have TPS status granted as June 2021, and my employer filed an EB3 Petition, including I-140 and I-485, I-765, and I-131, I got the approval of the Employment authorization along with the advance parole based in the EB3 petition a couple of days ago. is it safe for me to travel outside the US with the AP having an affirmative asylum pending and TPS granted status? I’m not planning to come back to my country, just planning to go to a third country to visit my mom.
thank you so much for your response.
If you have a valid AP document, you should be safe to return to the US after you travel abroad. Take care, Jason
Hi Jason/other blog readers,
I would love your insights on the following questions 🙂
1) Does anyone have any idea how long advance parole application are taking these days? I submitted mine 6 months ago and have heard nothing. The USCIS estimate says it takes 18 months but that is 6 months lagging data (also USCIS had goal to process AP in 3 months according to recent note from USCIS).
2) I recently got an immigrant visa to canada. When I come back with AP to the US, could the CBP ask me why I intend to persue asylum with a PR in canada already? (or only Asylum officers ask this question?)
3) I have an H1B interview coming up in canada as well. I booked it by filing DS-160 and going to official website. How do I know if the consulate has accepted my visa interview request? Is there any official process for for that?
1 – We have not done one very recently, and so I am not sure. I think the last ones we did took maybe 10 months, but that was a while ago. 2 – I doubt they would ask that, but they can ask anything they want. Also, if you are a resident of Canada, it almost certainly will result in your asylum case being denied (since you have a safe place to live – Canada). 3 – I do not do such cases and so I don’t know about that. Take care, Jason
hi Jason,
My friend got this inform for the white house and its new. is he going to qualify for DED and The LRIF to apply for both ? or is he qualify just for the DED and not LRIF? or is he going to be allow to apply for the LRIF later?
https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/
he got here april 30, 2017 and applies for asylum.the case is at its final stage with the judge to ale final decision since for 7months now he is stay waiting.
DED and LRIF
DED or LRIF
which is he qualify for and how will he apply for it or get it? will its stop the deportation? or he can just apply for DED now? or apply for LRIF? what can he do? please advice.
thanks
I cannot know about his eligibility for this program, but it has benefited many Liberians. He needs to talk to a lawyer who can look at the specifics of his case to determine whether he is eligible. Take care, Jason
Hi Jason, I am in a very difficult situation and looking for your help. I lost my mother in my home country on this Thursday and willing to go to her funeral. However, I still have my pending asylum case. I also am married with a US citizen and my adjustment of status case is still pending for the interview. I called USCIS for an info pass to apply for emergency advance parole under my pending marriage case and most likely they will approve it once they scheduled my appointment. I have her translated death certificate and everything, but the problem is I am not quite sure how possible my re-entry happens. Do you think the advance parole obtained through a marriage case with a humanitarian reason like mine allow people re-enter after their visit to the home country while the asylum case is still pending? Does this type of emergency advance parole work efficiently without causing a problem? I know, I am not allowed to return the country I claimed persecution from, but I need to this. Could you please help?
The whole purpose of AP is to return to your country after a visit overseas. As long as AP is valid, you can return. However, if you visit your country, you could raise a question about whether your asylum case was fake. If you USCIS concludes that the case was fake, you could become ineligible for all immigration benefits, including a GC based on marriage. For this reason, you should be prepared to explain why you went to your country and how you remained safe while there. Take care, Jason
Hi Jason, I see what you mean. I believe with a humanitarian reason like my mother’s death with no overstaying to bar me neither 3 nor 10 years (Came with J1 on May 30th, 2016, which was not subject to 2 years rule and then applied for extension before D/S expired. My I-539 was approved and allowed me to stay until March 28th, 2017. My asylum case has been pending since March 30th, 2017, and my marriage case has been pending since February 25th, 2020.) As I see in my timeline, I only overstayed 2 days in between I-539 and asylum. Am I right? I have never indented to go to my home country except now and waiting for them to schedule my advance parole appointment today or tomorrow. Do they schedule this kind of emergency appointments for another day or two? I hope they don’t give me a day 2 weeks ahead. Also, I thought obtaining advance parole under my marriage-based case since it doesn’t cost any money. Should it be a problem while asylum filed earlier? Finally, along with proving the death certificate, I can explain how I stayed safe with the facts which in some ways changed since 2017 when asked at the border upon trying to seek admission. Does that sound make sense to you? Any similar situation you have experienced before?
Jason, thank you so much for helping.
Based on what you say, it sounds like you have 2 days of unlawful presence. However, that is not really relevant to AP and your ability to return. I do think AP based on marriage is easier and cheaper, since you can use the I-485 receipt in lieu of payment. Whether or not your explanation is ok, I am not sure, since I do not know the facts about your country. I think it is unlikely that you will have a problem when you return, but if you have the explanation ready, plus any evidence, you should probably be ok. I have had clients travel with AP to the home country and return with no problem at the airport, but every case is different and so it depends on your situation. Take care, Jason
Thanks, Jason. I was encouraged. I hope they will call me sooner than later to schedule my appointment for info pass. I also wonder how possible to get into the field office without an appointment. Could they get me in if I go there with my application tomorrow?
I think it is very unlikely that you can get into the Field Office without an appointment. Maybe different offices have different policies, but as far as I know, you can only get in if you have an appointment scheduled in advance. Take care, Jason
Hi Jason,
I am currently filling out I-131, application for travel document.
I have pending asylum application with USCIS. I have a couple of questions for you –
1) Does hiring an attorney while filling application help in any way when returning with advanced parole? (eg. if you were denied entry while coming back with AP, is there anyway to appeal that decision using that lawyer who filed AP for me)
2) Second is about “Date of Intended Departure”. The processing time for AP is about 7 months across the board for “other travel document”. But my grandfather has terminal cancer and anything can happen before that. Is it better to put a date that is soon(2-3 months) or just put 6-7 months because its going to take USCIS 6+ months to decide anyway?
Thanks,
Tori
1 – I guess if that attorney is available, you can call the attorney if anything goes wrong when you re-enter. I have not heard of anyone with a valid AP document having a problem to re-enter, and I am not sure what the attorney would do if you had a problem, but if the attorney has availability, maybe he or she can try to help. 2 – I would try to put both dates and indicate that you want a document for more than one trip. If you only put a sooner date, and USCIS fails to process the I-131 before that date, they could request additional evidence or even deny the case since your travel date has passed. Also, given the situation, you can ask USCIS to expedite the I-131. I wrote about expediting with USCIS in January 2020 – maybe that post would help. Take care, Jason
Hi Jason I’m pending asylum seeker I have recently received Emergency Advance parole and, planning to travel in few days, and of course not my home country, my concern is that I have write down the 1 country name for travel on paper, can I travel Other country as-well on my way back to US without any problem?
Your thoughts will be appreciated sir!
God bless.
That should not be an issue, as long as you return to the US while the AP is still valid. However, if asked about it (which probably will not happen), you should be prepared to explain why you did not include the other countries when you completed the form. Maybe your travel plans changed, but you should be prepared to explain that if need be. Take care, Jason
Thank you Jason I will keep that in mind,
Have a nice weekend
Hello Aster,
I wanted to know your travel experience since we kind of the same status. Would you be willing if I reached out for some advice and feedback?
Hi jason I have traveled on my AP before and want to travel again but my parole paper says that this authorization is valid for single application for parole into the United States,
Does this mean is it for single entry?
Can you help me in that I’m planning to travel in few weeks.
If it is a single entry, you will need to re-apply again for AP. Maybe you can indicate on the I-131 form that you need AP for multiple trips, and hopefully they will give you a multiple entry documents. Take care, Jason
Ok thank you!
Hello, please can you kindly reach me so I can ask you some questions dennisowen100@yahoo.com
[…] the only way to travel outside the U.S. and return is with Advance Parole. Unfortunately, AP is difficult to get because an applicant must show a “humanitarian” need for the travel, and USCIS can be […]
[…] States. Also, asylum seekers with PD cannot travel outside the U.S. and return (even if they have Advance Parole), they cannot petition for family members to join them in the United States, and they cannot get a […]
Hi Mr jason
I have AP from 7/3/2021-9/3/2021
Can I leave Usa before 7/3/2021
Thank you
You can leave whenever you want, but you must return between July 3, 2021 and September 3, 2021. Take care, Jason
Thank you
Hi Human, would you mind sharing your experience,
Which office did you apply to?
how long did it take to get it?
Thank you
(1) Hi Jason, how long is advance parole good for? I can see the date which says Jan 3 2022 on the parole and I wanna know if that’s the time period I can travel back and forth.
(2) I have recently traveled on parole and officer stamped on parole and also to my passport and I want to understand if it matters for anything because stamped Time period is April 21 2022.
(3)Is one advance parole good for multiple entries
Or once you traveled it needs to be applied again?
Thank you so very much in advance!
1 – If you have an AP document, it should indicate the date when it expires. As long as the document is valid, you can use it to re-enter the US. 2 – I do not know what that means, but if you have a pending asylum case, you can remain in the US until that case is resolved. 3 – It depends. You can get AP for one entry or multiple entries. The AP document itself should indicate this. Take care, Jason
Hello sir Jason it’s me again, I have traveled before on AP and came back 2 months ago , my AP is still valid until jan 2022 and I will be travelling again in September , I have called the USCIS and ask if my AP is valid for multiple entries and they told me yes it is, there is no specific mention on AP it self, is there any other way I can reliably confirm that it is multiple entry AP? and do I need any other reason to travel or I can just go and come back without being asked the reason that why did I travel? First time they did not asked me the reason just check the AP and let me in, also this time I want to travel on different country I have mentioned in optional list when I filed the AP is that matter?
Thank you soo much in advance!
AP is used to return to the US, so it should not matter where you go (though if the AP is based on asylum pending, you do invite problems if you return to your home country). Typically, if the AP document is still valid, you can use it to re-enter. However, I believe it is possible to apply for a single entry AP. I do not recall where on the AP document it indicates this (or whether it indicates that at all). Maybe if you have a copy of the form you sent, you can see which box you checked and bring a copy of that form with you, in case you are asked about this. You should also check the document itself very carefully (and maybe talk to a lawyer) to be sure there is nothing indicating that it is for a single use. Take care, Jason
Hi Aster
I have couple questions that I would like to ask you
1. Where did you apply for your advance parole?
2. How long did it take to get it?
3. How did you fill the application form in order to be granted a 1 year valid advance parole?
(how long did you say you indented to stay where you were traveling to). The reason why I’m asking this
is because last year I applied for advance parole in Nebraska office and I was given just 1MONTH and I
couldn’t even go.
For people who were lucky enough to get an advance parole valid for 1 year, please help me on how you filled the form where they ask the duration of your stay.
Thank you
Hi Jason,
I applied for my green card in July 2019 after my asylum was approved in 2018, I have a trip planned for October and I want to know if I can travel out of the county while waiting for my green card? If my green card comes out before then do I still need a travel document?
Thank you.
Given how slow USCIS, it is very likely you will not have the GC by October. I think it is better all around if you get the Refugee Travel Document (form I-131, available at http://www.uscis.gov). But if you have a GC, you can use that to re-enter the US. The issue is that if you use your passport, it might cause the US government to think your old asylum case was fake – why would you use a passport from a government that wants to harm you. If you fear non-state actors (like terrorists), this is less of a problem and easier to explain. Take care, Jason
Hi Jason,
I am regular reader of your blogs and I feel like this is the best place to get an idea of my situation I cannot thank you enough for this great humanitarian work that you are offering to people in need.
I have a question about AP. I am a pending asylum applicant along with my wife and son I applied in Oct 2016 and since then its been pending. What I am trying to know is that I am the primary applicant as I was facing issues in home country my wife and son also live with me in usa as pending applicants. My wife and son do not have anything to do with my situation back home the only reason they are on application is because they are my dependant.
My wife and son(8yrs old) are willing to travel back home for a short visit due to my wife’s family matters but I cannot travel and I do not need AP since its only them who want to travel.
-Do you think if I apply AP only for my wife and son will they get it without me?
-If they do get the AP is their return going to be complicated will they be questioned or godforbid be detained at the airport?
– My concern is that I cannot and would not do anything that would set my family apart.
can you please briefly advise on this matter
Warm Regards.
1 – They are eligible to get it without you, but they still need a “humanitarian reason” as discussed in the above article. 2 – They could be questioned, as the airport officers may not understand the difference between a principal asylum seeker and a dependent. They should be prepared to explain the situation. Maybe you can scan your I-589 and include a cover letter with an explanation, and you can have that ready to email her if she needs it (probably best not to have that info on her phone/computer when she travels to the home country). 3 – Unfortunately, what happens at the US border is not always that predictable. I think the risk of difficulty or being detained is very low, it is not zero. I do think being detained is very unlikely, though, especially since she has a child with her (unless she happens to have criminal issues). Also, this issue likely would come up at the asylum interview, and so you would need to explain why it was safe for them to go back, but you still face danger. It sounds like you can explain this, but you should be prepared to do so, and to have evidence if appropriate. Take care, Jason
Dear respected Jason, I have couple questions about advance parole as I have applied and received recently.
(1) First my visa is expired would that be the issue?
(2) when I entered in States I had 6 months entry to stay I have filed my asylum case after that basically 2 months later than my stamp on Visa, would it be ok.
(3) how long max I can stay with my parole?since I’m bringing my family to third country I’m planning to stay for 2 months,
(4) my parole says It expires on jan 03_2022 can I use it for multiple times? It says
that on parole (“this authorization is valid for a single application for parole into the United States during the validity period noted above.
(5) I’m planning to get marry while I’m on trip, is it ok to bring married certificate without certifying for that country’s court process and only get a letter from my registered church there? Would that be enough to prove my legal marriage. Court process is quite expensive there.
I will be waiting to hear from you and I have a6 year journey with your blog, I’m glad I found this platform and looking forward to hear from you.
THANK YOU!
1 – That does not affect AP. 2 – That is fine. 3 – You can request whatever amount of time you need, but when USCIS issues the AP document, the amount of time they give is not always predictable. You should be very clear about the time you need overseas and hopefully, that will help. 4 – I am not sure what this refers to. If you already have AP, you can return to the US any time before it expires. If you are referring to parole when you last entered the US, that does not allow you to re-enter and you need the AP document. 5 – As long as you are legally married under the law of the place where you intend to marry, the US government should recognize the marriage for immigration purposes. Take care, Jason
Thanks alot Jason, you are the best!
Hello Jason,
I hope you are doing well . I wanted to know and if you could help me with that question.
I have been Granted Asylum. However, I renewed my country of origin passport. While my Asylum was in pending. I did not know that I was not suppose to renew, it was a mistake. I don’t intend to use my home country’s passport. If I apply for Refugee Travel Document would the renewel of my passport make a hindrance to get the RTD. There is question in for I-131 that If renewed my home country’s passport. I really would like RTD so I could travel overseas (not my home country ). I would really appreciate it if you could address my question.
Thank you
Hassan
I do not think that will be a problem – many of my clients have renewed their passports and there were no issues. You should be prepared to explain why you renewed, and why your country agreed to give you a passport (this is more of an issue for a person who fears harm from his government; if you fear harm from terrorists, it is not an issue). Take care, Jason
Hi Jason
Hope you are doing well.
I am waiting for my I-131 RTD for approvel. It has been 5 months in Nebraska Office. I am planning to go to overseas when it receives. I was wondering if I go to overseas and arrive to US In the border with my RTD , they would like to see my RTD or my passport? Or both? Also do I need to use my RTD when I leave US as well?
Thank you Jason for everything. Have a wonderful day
The point of the RTD is to use that instead of your passport, and so you can enter (and leave) the US using the RTD alone. However, not all countries will accept the RTD, so you may need to use your passport when you visit other countries. Take care, Jason
Hi Jason,
I am a granted asylee. Planning to apply for GC 2021 February or March. Also I just got married with my italian bf in City Clerk and he lives in NY with E1 visa valid 2025. Which he doesn’t need GC or anything for now! Maybe in the future we don’t know yet. When I apply I-485 do I need to change any married status? Or do I need to submit or request immigration to anything from now on that I have got married?
Also I have another question. My husband will be traveling to Italy with his E1 visa is there any travel ban for E1 visa holders? Do you think he will be back to NY safe ?
I do appreciate all your answers and help.
Thank you
God bless you
Derin
In terms of the marriage, there is nothing that you have to do with immigration now, but when you complete the I-485, you will need to list your husband and provide some info about him on that form. As for travel, I do not know about that – he might check with the airline, as there are some restrictions, but I am not sure who they apply to, and it seems to be constantly changing. Take care, Jason
Hi Jason
I took advance parole today I’m a pending asylum Should I tell the border officer upon departure I have advance parole?
It’s safe to return
Thank you
You should not need to do anything upon departure. When you return, you will use the AP as you would use a US visa. As long as it is valid, you should be able to enter the US (though keep aware of any travel restrictions based on the pandemic). I have not heard about anyone being denied re-entry who had valid AP. Take care, Jason
Thank you
Hi Human,
How many months were you given? They gave me just 1 month in march and I couldn’t go because of this pandemic, and I’m planning to apply again.
Hi Human, how many months were you given? They just gave me 1 month in March right when the covid 19 started in USA and I couldn’t go and I’m thinking of apply again.