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.
[…] people with pending asylum cases to travel overseas and then return to the U.S. (I wrote about it here). Given the pandemic, you probably can’t get a flight out of the U.S. anyway, but if you can, […]
Hey Jason
I have a pending asylum since March 2020 and had my interview exactly two years later. I haven’t heard from immigration since despite numerous inquiries and one congressman inquiry. I’m at the ombudsman inquiry stage rn. Yet I have an emergency situation that requires me to travel ( not to my home country). I want to apply for AP but I have accrued unlawful presence in the US before my application and I also saw on my FOIA that the officer decision is to refer my case to EOIR. Should I still apply for travel document? Do you think I’ll have issues coming back ? I’m intending to travel abroad with my 2 kids both US citizens ( 2 and 4 ). Could they deny us re-entry ?
If you can get the Advance Parole document, you should be able to return to the US with no problem as long as a negative decision has not been issued. If the case is referred to court, it may be more of a challenge, as people who leave the US may be considered to have deported themselves, even with AP. But even so, I expect that the worst case would be that you would be able to return here with AP, though you could be detained at the airport when you arrive. Hopefully, that would only be for a short time, but they have a lot of power to detain arriving aliens, and so it is difficult to know. Since your children are US citizens, they would be allowed in, but they need someone to receive them if you get stopped, so maybe make sure you have a plan in place. I suppose it is also possible that they will not allow you to board the plane overseas to come here, but I have not seen that happen for people with valid AP. You should probably avoid travel from countries that have US immigration inspectors check you before you get on the plane, as it is much easier to block you in that situation (for example, in at least some airports in Canada, Ireland, and Dubai, you have to pass through US customs before you can board the plane – I think you want to avoid this if possible). You might also want to talk to a lawyer to be ready in case you run into trouble. Overall though, I suspect that if no asylum decision is issued and you have valid AP, you should be able to return without trouble. Take care, Jason
hi,
I am thinking about applying for AP to visit to any country outside of the USA. it is 2wks to six months since my interview and no result, the old lawyer i had requested to expedite the result almost 3months no result, the new lawyer over my case I think its clear to me don’t understand how painful it is for almost 4yrs no result and staying away from your family is like, told me he just took over my case, I will have to wait for another 6months and the half before he can request to know the result of my case. by this I know USCIS will take another 6months to respond making another yr that will be 5-6yrs waiting to know yes or no after applying. I call uscis office by myself and was told to wait for 3 weeks before making a request since the result expedition is with top management for decision, I am waiting for 4wks instead to know what is happening. they also told me its not problem for me to make the request myself as they will respond directly to me instead of the lawyer. since the lawyer made the initial request they will respond directly to the lawyer. but the lawyer has retired and left my case.
1) will it be ok if I request to know the result of my case without the lawyer after 4wks?
2) will it also be ok if I request for AP to travel outside the US and return while my case is at this level of high management? will vacation and temporary travel be enough reason to use to get AP? when granted, will I have a problem to return?
3) will any of the about cause a problem for me to get a result or delay my result more than what it has taken?
hey Jason, its hard, I missed my kids a lot, just want to see them in another country, they can all come there just to see them for two or three wks and return. my son was hospitalized and only requesting to see me. this thing is really hard for 3- 4yrs now.
what can I do, Jason, like the new lawyers with my case don’t understand the pain of separation, sometimes its like you prefer been secretly killed with your family where the problem is than to be separated or been hurted all your life.
honestly, I can’t return to my country cuz its not save for me to at this time, just want to travel temporarily to another country and return. even if they say no upon my return at the airport not to come in, the greatest thing would be that I was able to see my family in another country, my kids mainly. its hard, and very difficult. they are growing without me.
what is your Advice?
1 – I do not see why this would be a problem. I guess it is possible that they will only want to communicate with the lawyer, but I doubt it – it is your case. 2 – You need a humanitarian reason to get AP. I wrote about that on September 11, 2017. Once you have AP, you should be safe to travel and return, though it can take maybe 5 or 6 months to get it. 3 – I do not think traveling would delay your decision or have any effect. This situation is the hardest part of asylum cases – the long wait, where you do not know how long the wait is, or what the result will be. If you can travel, that is probably a good idea. Also, if you are not getting a result in the case, you might consider a mandamus lawsuit, to force them to issue a decision – we wrote about that on October 2, 2018. Take care, Jason
Hello Jason, Thank you for your help and supporting us with very informative articles.
I have this question in my head that i wanted to ask, is this okay to do:
Option 1: I have Green Card with Refugee Travel Document, I want to travel to Australia, I also have my home country Passport. [Australia is not my home country]. Can i use My Home Country Passport for Visa Purpose, travel to australia, and return back and when i am at port of enty, show them RTD and Green Card?
– Will they ask me why you dont have visa in RTD ?
– Why did you use your home country passport to travel instead of RTD?
– At port of entry can i only show them my Green Card instead of showing them RTD?
Option 2: I have Re-entry Permit and a Green Card, and a Home passport:
– Can i use my home country passport for Visa ?
– While returning at port of entry can i show them my Re-entry permit and green card will they ask me questions about why i used my home country for visa?
– Green Card with Re-entry Permit Vs Green Card with Refugee Travel Document, i am confused on this two option, what i have in my mind right now is.
If i didnt had green card while Asylee then having refugee travel document to travel and return made sense.
but after i have GC, is is compulsory to apply to re-entry or RTD ? cant i use GC to return back at port of entry and cant i use my home country passport to travel to australia?
i am confused, please help me understand this situation, thank you very much jason.
As long as the trip is less than 6 months, you have different options. The best option is to use the RTD to get the Aussie visa and to travel and return to the US. If that does not work, you can use your passport to go to Australia and your GC to return to the US. However, you could be asked about why you used your passport. This is more of a problem for people who were persecuted by the home country (as opposed to people who were persecuted by a non-state actor where your home government could not protect you). These days, the safest choice from a US-immigration perspective is to get the RTD, use that to get the visa, and to travel and return to the US, but the other choice is possible – you just need to be prepared to explain why you used your passport, and you should know that there is some risk that using the passport will create problems in the US (the risk is probably low, but it is not zero). Take care, Jason
Hello Jason,
I applied an advance parole end of August, I’ve already received a notification letter. Few days ago I check my application status online and I got this message below:
“Fingerprint Review Was Completed
As of September 24, 2019, we completed our review of your fingerprints and are working on your Form I-131, Application for Travel Document, Receipt Number xxxxxx at our Nebraska Service Center location. We will let you know if we make a decision or need anything from you”
Right now I’m confused because I never did or received a letter for fingerprint.
What does this message mean?
Thank you
It probably means that USCIS used your fingerprint that they already have on file and that they are processing the case. Take care, Jason
Hi ,can you please tell when did you receive a confirmation after applying for advance parole ? I ve applied about 3 months ago and did not get any receipt or confirmation letter .
You normally get the receipt in about 4 weeks, but sometimes it is slower. Three months is too long. If you paid by check, you can get a copy of the check from the bank (if it has been cashed) and the receipt number should be printed on the back. You can check that at http://www.uscis.gov. Otherwise, maybe try to call USCIS at 800-375-5283 and see if you can talk to a person to help you. Take care, Jason
It was about 10 days
Thank you for your answers , called USCIS and they have not found any i-131 application on my file . Looks like it was lost somewhere which is not fun … BTW where do you need to send i-131 if asylum is pending (no interview yet ) ? there is a difference based on filing category and it s hard to figure out which one is for asylum pending
For asylum pending, you apply for Advance Parole (using that same form, I-131). You have to check the instructions about filing, but make sure you send it to the office that does Advance Parole. Take care, Jason
Hi NK,
Did you get he AP?I got approved just for 1 month but I couldn’t go because of travel of covid 19. If there is anybody who is in the same situation as me, please share.
Thank you
hi , MIMI , I did not get an answer since reapplied in september 2020 . Its 7 months now and since this covid situation and more delays it causes i don t expect approved parole from them (datesasked for parole almost passed) … How long did you wait for approval ? what where your requested dates and what did they give you ?
They received my application on 1st September, December I was asked to give more evidence (because the travel date had passed)which I sent in January and I got approved in march. You should have asked to make sure that they had your document.
Hi Jason, hope you had a great labor day weekend.
Thanks again for this piece. I wanted your thoughts or advice on this, I want to go and visit my fiance who lives and is a Canadian. I know I need an AP to travel. is visiting your fiance considered as Huminaterian reason? can this reason qualify to recieve AP?.
Also,
If given it, can i use my home country passport to travel within Canada?
is there any risk traveling with that?
will the Canadian embassy grant me a visa given the fact that my case is still pending here?
Normally, a humanitarian reasons involves getting medical treatment or visiting someone who is sick, but you can try. A normal person would view that as a humanitarian reason, but whether USCIS will grant the case, I am not sure. Maybe if you have a sick relative to visit somewhere, you can give that as another reason. Also, once you get AP, you can travel anywhere. You are not limited to places you listed on the form. If you have AP, you have to use your home country passport. You may need to explain at the interview why you used that passport, but generally, it should not be a problem and it sounds like you have an explanation. Whether Canada will issue a visa, I do not know. I think that may be difficult and maybe you want to look into that before you pay for the AP – talk to a lawyer in Canada, or try asking at the Canadian embassy. Take care, Jason
I live in Philadelphia PA and mine if under ” other” categories from official “where to file ” page should go to USCIS
P.O. Box 660865
Dallas, TX 75266 .
But not sure now if it s right
hi , MIMI , I did not get an answer since reapplied in september 2020 . Its 7 months now and since this covid situation and more delays it causes i don t expect approved parole from them (datesasked for parole almost passed) … How long did you wait for approval ? what where your requested dates and what did they give you ?
Hello Jason,
Thank you for your blog. Last year, I granted AP based on close relative’s severe health condition. I visited in third country for two weeks and safely returned to the U.S.A. Currently, my case is still pending from 2017, no interview has been held as of now. The question is: Do I have chance that I can obtain AP again based on same situation such as health condition of my relative? Is it going to be issue if I use AP to enter the country or interview.
Thanks.
You can apply for AP again based on the same reason, though you would need new evidence showing that there is still an issue. There is no guarantee to get AP, as it has become more difficult to receive it, but people do still get it, and you can try. Once you have it, you should be able to travel to a third country and return safely to the US as long as the AP document is valid. Take care, Jason
Hey Jamie, did the doctor had to specify what your relative was suffering for??I only have a medical report saying that my dad is in the hospital, is that enough?
Thank you
Hi, I can’t see my case information with the receipt # I got when I applied almost 2yrs ago. I recently was seeing the next stage of my application was going to be an interview which I will recieve mail about the date and time. A month ago, I expedated by case with some development about the current situation in my home Country. I have not recieved receipt for the recent filed. I checked few days ago And seeing that the past reciept # can no longer be recognize by the system. What does this mean if u see sure? I am worry. What can I do? Do U think they may have sent the receipt for the new document filed and stop the past one? Or do u think they have concluded and send interview notice with a new receipt #?
I think it is a problem with the system, not your case. Many people are having the same problem. We will see how long it takes for them to fix the problem. Take care, Jason
Hello Jason! 🙂 This blog is great, I was reading all the information that you give to people and it is very helpful. My name is Barbara and I am from Venezuela. I applied for asylum in December 2017 and I haven’t received any new of my appointment for the interview since then. I work for an Advertising Agency as an Art Director. Many times my team has to travel outside of the USA to shoot all the commercials, most of the time we shoot in Mexico and Spain. But the country could vary depending of the shooting. The thing is I can’t travel out of the country with my team, and my boss, because of my status. My boss is very happy with me and my work, and he asked me if I could fix my travel situation so I don’t miss the best part of my career (The shootings); because being on set for the shooting of the commercials is a major step to help me grow as a professional and it is very important for it. Plus, sometimes he can’t travel and he needs me there to take care and direct the shoot. I read and you said that it has to be “humanitarian” reasons to apply for the AP, so USCIS might deny my request. Can you give me an advance of what and how I can do to travel outside of the country? If yes, What information must I bring to the USCIS? Thanks you so much for your help!
The best way is to find a sick relative in a third country, get a doctor’s note, and then use that to apply for AP (to visit the relative). Or maybe if you need medical treatment in a third country, you can get a doctor’s note for that. Once you have AP, you can travel anywhere you want, assuming you do not go to Venezuela and assuming you get a multiple entry AP (the form gives you that option). If you do not have a relative like that or a medical condition, you can try to apply based on your job, but that is not so likely to work, unless you can somehow show it is a “humanitarian” job (maybe if you are making commercials for Save the Children or something like that, it would work). Unfortunately, AP is worse now than it was when I wrote the above piece, and it is kind of arbitrary. Anyway, you can try and if you are lucky, you might get it. You might also try to expedite the asylum case – if you can finish the case and win, then you could get a travel document more easily. I wrote about expediting on March 30, 2017. Take care, Jason
Hello Jason, Thank you so much for your help and your honest response.
I have the possibility of obtaining a doctor’s note in a third country (Spain) “To visit a a sick relative member of my family (Cousin)” so, I have couple of questions:
1. Do you have any example of what the Doctor’s note has to say? Does it has to have my name or only my cousin’s name? Can you please help and provide additional details about this?
2. Assuming that my AP is approved – Is immigration going to ask me for additional papers about my sick cousin when I come back to USA? – I know I can travel anywhere I want (Not Venezuela of course). But, is immigration going to ask me about why I was in Croatia and not in Spain for example.
3. It is fine if the relative is my cousin and not a more direct member of my family, like my mom?
Finally, I am living in Miami right now. I know you are located in Washington. Can you recommend me a lawyer in Miami who works in Asylum process?
Again, thank you so much! I really appreciate all of your help. You are very nice and this Blog is amazing. It is really great of you to take your time to help a lot of people like us.
1 – You need to show that it is your cousin, preferably with evidence (maybe use birth certificates to connect you or you could get letters from people who know you both. As for the note, it just needs to describe the cousin’s condition and indicate that it is very serious. 2 – I have never seen them ask about why you traveled to an “extra” country with your AP. However, at the asylum interview, they usually ask you about every country you visited in your life. I do not see why visiting Croatia would be a problem, though. 3 – I do think this is a weak point. I do not know if they will grant you AP to visit a cousin. I have only done it for closer relatives. Maybe check the I-131 instructions about this to make sure it is not precluded, but as long as there is no requirement for visiting an immediate relative, you can try. Maybe also include a letter explaining that you and your cousin have a close relationship. 4 – Sorry, I do not have a lawyer to recommend in FL. Take care, Jason
Hi Jason, thank you for all your help!
What about the other way around? I’m pending affirmative with overstay. I’m sick with a tumor and surgeries in the US. Can I request them to allow me to leave and reenter in order to meet my healthy family in a third country? Is this “humanitarian” if I don’t specifically go to a specific doctor abroad since my doctors are here? I haven’t seen my family since I got sick and been here for over a decade in backlogs, I don’t know if this “qualifies” as humanitarian enough.
I don’t know about that situation, but it seems to me that you have a good argument. Maybe you can get a letter from a doctor stating that a family visit is essential to your health and recovery? I don’t see why that would be any different than going to see a doctor overseas – in both cases, you are leaving the US to try to improve your health. I wish you a quick recovery. Take care, Jason
I don’t know about that situation, but it seems to me that you have a good argument. Maybe you can get a letter from a doctor stating that a family visit is essential to your health and recovery? I don’t see why that would be any different than going to see a doctor overseas – in both cases, you are leaving the US to try to improve your health. I wish you a quick recovery. Take care, Jason
Hi,
2weeks ago my case was put in for expedition. my case had need pending since 2017. How long does it take to get an interview? Will the result from the interview be given in a short time base on the case been expedited? Do you have experience with this? If so what was the longest and shortest time frame for the cases you file for expedition on?
Thanks
Most cases are not expedited, even if you have a decent reason to expedite. Of those that are, in my experience, it typically takes from 1 to 6 months to get to the interview, and usually, they give you an answer about the expedite request within about a month, but they sometimes do not respond, and then you have to contact them again. Take care, Jason
Hi Jason, Approved my asylum case and got my refuge travel decoments the third country that I am going to visit for vacation got visa but inside visa it’s tell my original citizenship is that cause a problem ? Thank you for your answer
I do not see why that would be a problem – have a good vacation, Jason
Hi Jason I applied for my lgbt based asylum in 2016 I got my EAD, but now opportunities are presenting it self for me to travel outside US.My country passport expired what can I do so that I can travel , it’s real hard being stuck watching everyone around travel and explore its like my life is passing me by.
Travel was a big part of my life, so I get that. Unfortunately, while your case is pending, your only option to travel is to get AP, as discussed above, and travel with your passport. Renewing the passport or using it could potentially have a negative effect on the asylum case, particularly if you are afraid of your home government. As long as you can explain why you used the passport (and you don’t go to your country), it will most likely be alright. A better option, if you can do it, is to try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Thank you Jason, I have another question regarding advance parole how do I get if it’s not for an emergency
It does not have to be an emergency. You just need to give a humanitarian reason, as described above. Usually, we get evidence that the person will visit a sick relative. Take care, Jason
Hi Jason I asked you about advance parole before , a group of my friends are planning a trip to Dubai I know you told me that in order to get advance parole I would need a humanitarian reason
How could I file advance parole being that I don’t have a humanitarian reason. I just wanna enjoy my life I don’t waste all my years waiting for my asylum case to be heard .
Find a humanitarian reason – maybe a sick relative in a third country who you can visit. Get evidence about that, as discussed above. Once you have AP, you can travel wherever you want (though it is a bad idea to go to the home country), as long as you return to the US while the AP document is still valid. Take care, Jason
Thanks Jason I tied but I don’t have any family members on other countries expect my home country is there any other options
Try to think of another “humanitarian” reason for the travel. Without such a reason, the AP application is likely to be rejected. Even if the reason is not very good, it might work, but a better reason is more likely to work, and we have seen USCIS reject some AP application even where the reason was pretty solid. Take care, Jason
I regret writing and translation errors. I have had these difficult days.
Hi Jason,
I applied for I-131 but they sent a rejection letter stating that you are not eligible to apply for the Travel Card(AP) as the case is pending and has not reached any conclusions yet. Is this card only for people who have interviewed and are granted asylum? I filed my case on 2016 Dec and waiting interview. I was wanting to Travel to visit my mother who is diagnosed with cancer and is in the final stage but is in another country for checkup.Is there a way I can visit her? I want to be with her at her final moment but can’t jeopardize my and my kids future.Seek your advice please.
The form I-131 is for different types of travel documents. One of those is Advance Parole – that is for people with an asylum case pending. It sounds as if you have a humanitarian need for travel, and so it is not clear to me why the case was denied (USCIS is arbitrarily denying some cases, so maybe there is no reason). You can try again, or if you are in a hurry to travel, you might try going to your local USCIS office to try to get emergency AP. If you can, make an Info Pass appointment to do that (a link to Info Pass is at right). You may also want to talk to a lawyer for help with this. Good luck, Jason
Yes, I strongly agree with that. Just go to USCIS Field Office and tell everyone you are applying for Emergency Humanitarian Advance Parole. Make sure you file all documents and evidence in order and sufficiently. email me at 555@usa.com I will send you a pdf file called “Emergency Humanitarian Advance Parole at Field Office”.
Thank you Jason.
If this document is posted online, please let us know. Thank you, Jason
Hello Jason, again I thank you for your help and the information you give to each one of us. Very thankful. I have a question about 6 or 7 months ago I was around here consulting some things about my grandmother and the AP, thanks to your help I provided everything that could be necessary but the date of the trip arrived and they sent me an RFE because it had already passed the date I had requested (2 days after the date of travel) I was asked to provide evidence again that my grandmother needed a surgery and the time it would last outside (90 days) passed 2 months and I could get that evidence from Venezuela. It has been almost 1 month since I entered the evidence and 2 weeks since I asked for “expedite” without any response. As I see my expedite was assigned to an officer the day after being requested and also gave an answer to it. (2 weeks have passed) now my situation is much more complicated and I need to travel this Friday 08 Feb with extreme urgency. I tried to request an infopass for weeks but there was no opportunity for the appointment but for 12 Feb. Reitero I need to travel with extreme urgency due to my grandmother’s medical complications and my questions are: can I go out and be given an answer while abroad? Supply what they asked for but I have called NCSC but they only tell me what is on the page that I can see. What problem would I have when I returned? Obviously I would take all the medical documents of the operation costs and more to prove what I did and what happened. But if I wait more, my family member with great possibilities could die. I appreciate your help as soon as possible thanks
It is almost impossible to get an Info Pass these days. If you cannot get one, I suggest you go to USCIS anyway. Bring all your documents and explain the situation (and if you do not speak English, bring someone to help you explain). Maybe they can issue the emergency AP. If you do not have that, and if you leave, I do not know whether you can return. It may depend on your type of visa. But if the visa is expired, you may not be able to return. This will be even more of a problem if you return to your home country. I suppose it is possible that if the AP document arrives after you leave, someone could mail it to you overseas and you could return, but I have not done that for a client before, so I am not sure. I think your best option is to try to go to USCIS and get the emergency AP. Good luck, Jason
Absolutely Jason, here is the link of it.
https://www.aila.org/File/DownloadEmbeddedFile/75787
Take care.
Thank you, Jason
Hi Jason,
I am on a pending asylum since 2014, recently I got married to a US citizen, I have been advices to file I131 advance parole along with my other forms. Now the question is, I am persian(Iranian) with expired passport. Do you think I can get a travel document and travel to a third country to visit my family or not, since I won’t be able to renew my expired passport.
Thanks
Amir
If you are filing the I-131 along with the other green card forms, there is no extra cost (when you pay for the I-485, it includes the I-765 and I-131, and you will get an EAD that is valid for travel). So there is really no reason not to file the I-131. On the other hand, by itself, Advance Parole is of no use – it allows you to re-enter the US, but does not serve as a passport for traveling. Once you have the GC, you can apply for a Re-entry permit, which is kind of like a passport and some countries may accept that in lieu of a passport. Also, even if you have the GC, you can (or should be able to) continue your asylum case, and if that ever ends and you win, you will be eligible for a Refugee Travel Document. Take care, Jason
By the way, My asylum application is pending for 2,5 years and waiting for first interview. Can you Mr. Jason please help me with some questions about my returning trip to the US after using Emergency AP to travel to home country to attend my relative’s funeral for almost 4 weeks.
1. What situations or risks do I face while going through US Custom after returning to home country due to humanitarian reason?
2. What can I do or what evidence do I need to help myself going through US custom smoothly?
3. What should I do if I unfortunately get detained by CBP?
I hope your answers will satisfy many others asylum seekers who had the same situation or wish to travel with AP. Take care.
1 – They could ask if you went to the country of feared persecution, and if you did, potentially, they could detain you. I think this is very unlikely, but you should be prepared to explain why you went there and how you stayed safe, and why you still have a claim for asylum. You will also need to explain this at the asylum interview. 2 – I am not sure – if there is some evidence to show how you stayed safe and/or why your country is still dangerous, maybe you want to have that (or at least have access to it on your computer, for example). 3 – Have someone on the outside who can assist you. If you have a lawyer, someone would need to contact the lawyer. Most likely, you can get our of detention on a bond, but it is a lot easier if you have someone who is not detained who can assist you. Also, if you are detained, it is more difficult to get evidence, so you might want to arrange that in advance, so you have the evidence for your case. Finally, if you are detained, it is very helpful to have a lawyer. Take care, Jason
Thank you so much Jason. I will be well prepared and let you know what will be going on at the Airport.
Dear Jason,
Many big thanks to you, and to God, I came back safely through US CBP to the States with AP. I keep reading this amazing article and your advice and I made it. Yes, everyone should hire an real asylum experienced attorney like Jason, he has been helping me to prepare plenty of evidence through out the AP application.
Once again, God bless Jason and asylum seekers here.
Can you please tell me what did they ask you and how did you manage to convince them that you are safe ?
Hi Jason. First thing first, thank you for sharing vital information with other people. Really appreciate.
Secondly, I will need to undergo an ACL surgery which it is ridiculously expensive in the USA. What are the chances for me to get AP approval and having no problem with re-entry to the USA after my surgery? Note: My I-589 is from a different country so I will not be traveling home. Thank you!
Elmir
I think there is a chance for that – include info about the place where you will get the surgery and an explanation of why you want to go there ($), and evidence of the problem (medical records). You might also include evidence of the cost in the US and your ability to pay. There is no guarantee, as USCIS is not easily granting such cases, but this is a basis for AP. Take care, Jason
Hi Jason. I recently got a letter inviting me to consular processing at embassy (immigrant visa sponsored through work), I went to USCIS infopass to see if I can get an AP, I was told that they only do it for “life or death” situations and going to an interview is not one of them. I told them that I work for nonprofit University and their website lists “Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States” as one of the ways to expedite but he said that is applicable only for service centers.. Is that true or should I go to another office? Officer was very rude to everyone who talked to him so I am thinking it could be an issue with him rather than the law. He didn’t even look at the letter provided by University. Thank you in advance!
If you are trying to get AP based on a pending asylum case, you need to show a “humanitarian need.” I do not know that a visa interview would qualify as such – though maybe if you also have other reasons to travel, such as for medical treatment or to see a sick relative, that might world. As for emergency AP, it seems to me that it is very variable and unpredictable. You can try again with the same office, if you want, as you probably will get a different officer. Or if you can, try a different office. The other option is to travel for the visa interview without AP, but if the interview does not succeed, you will not be able to return to the US, so it is a risk. Good luck, Jason
Thank you Jason!
hi hope,
How did it go? does USCIS finally consider your consular processing as “humanitarian” and grant you AP? or did you use another solid reason? I am in same boat and i would heartily appreciate if you share the results please.
Dear Jason,
Thank you for your blog – it gave me hope to apply for AP, when 7 lawyers I consulted said it was not possible in my case. I am from Belarus and my husband and I applied for asylum in New York, our interview is pending. I have applied and got approved for AP (expires on January 8) and will be flying to Europe for work (my parents will also fly there to see me, as we haven’t seen each other in years). I need Schengen visa to Europe, but as my AP expires less than in 90 days, EU regulations does not allow me to get a visa.
Should I try obtaining Schengen and what do you think are my chances? Do you think it will hurt my chances of getting asylum at the interview, if my husband is the prime holder of the case, and I am “attached” as his wife?
Regardless whether you know the answers, I’m so grateful for your blog and I know it helped many people. Thank you for everything you do,
Aleksandra
You can try for the Schengen visa, but I do not know much about that. You can also find a third country where maybe you do not need a visa, and meet your family there. Unless you go to Belarus, your travel should have no effect on the asylum case. Even if you do go to Belarus, the effect on the asylum case would depend on the case – maybe talk to a lawyer about that, but if your husband’s case says that he and his family are all in danger, then your return trip to Belarus would undermine that claim. Again, it depends on the case. Take care, Jason
Hey Aleksandra,
What did you submit as a proof to convince that your travel was for work? I am about to apply for AP and your sample letter would help me immensely. Thank you so much in advance.
Thanks,
Tori
Hi Tori,
As I’m traveling as an organizer of the events overseas, I have submitted the dates of the event that are published on the website of our organization (just printed out the page), a letter from my organization explaining my role there, as well as a cover letter I wrote myself (again, explaining the need to travel in my own words). I’m not sure if that played a role, but the check to cover the cost of AP was also written by my organization.
However, I must say they didn’t give me the AP for the duration of the dates I requested. While I asked for a multi-entry AP until next October, they only granted me one-entry AP till Jan 8. It was quite a disappointment, to be honest, but better than nothing.
Hope it helps,
A
[…] of Advance Parole for Asylum Seekers: To get Advance Parole (“AP”) as an asylum seeker, you must show a “humanitarian” need for the […]
Hello, Jason
Thank you for the blog. I have some questions regarding advance parole and pending asylum case. I applied for asylum in January 2017 and had EAD card. Since asylum interview is going under LIFO system, how long should I expect to be called for interview? Any updated information that asylum offices are interviewing people from 2017? My case is in New York. In addition, my case is based on LGBT asylum. However, my boyfriend(from same country) lives in Canada as a permanent resident, he visits me in the U.S once in a while. But I have no chance to visit him since my case is still pending. Is there any such a way that I can apply for advance parole to see him in Canada while my case is pending or going to Canada using my valid f-1 status? Traveling to Canada from U.S with pending asylum requires same documents as other international travel? Once my asylum case is approved, can I bring him in the U.S permanently and apply him as an dependent?
Thank you.
No one knows how long you will wait, but I doubt a 2017 case would be called anytime soon. You might try to expedite – I wrote about that on March 30, 2017. You could try requesting AP based on visiting him, but given how USCIS is acting towards AP applicants these days, I expect that it will be difficult to get. As for traveling with an F-1 while asylum is pending, I think it is a bad idea. You could be detained at the border, since entering the US using an F-1 (where you promise to leave at the end of your studies) is incompatible with asylum (where you ask to stay permanently). If you want to try that, talk to a lawyer first about your options. If the asylum case is approved, you can only bring him to the US if you are legally married before the case is approved. Take care, Jason
Hi Jason,
I just want to share my AP experience :
Applied AP with fee waiver application May 2nd, 2018
Fee waiver application denied May 15th 2018
Reciept of AP May 24th
Advance parole application denied September 21st 2018
It seems everything is getting difficult under Trump administration.
Pretty dark future for me.
Good luck guys.
Are you sure a fee waiver is allowed for AP based on asylum pending? I do not know. Even so, your experience is similar to mine – it seems USCIS is looking for reasons to deny or limit AP for people. There is no reason for that except cruelty. It’s a real shame. You can try again if you want, and if you have good evidence. Also, you might try expediting your asylum case if you have a reason – I wrote about that on March 30, 2017. Take care, Jason
Dear Jason,
I hope you are doing great.
After a few months since my first AP application was denied I tried it again and was successful:
December 26th booked InfoPass appointment and started doing researches and collected evidence for my Emergency Humanitarian Advance Parole application. The reason I mainly used is attending my aunt’s funeral with death certificate.
I came to the appointment at 8am, I started submitting documents and told the female officer the reason to be there. She denied my request immediately “we sorry we denied you because your dead relative must be immediate relative” I told her, “I have evidence on my phone telling that the dead relative doesn’t need to be immediate one, but I have to prove the relationship certification”. She hesitated and tried to look that document on her computer but she couldn’t find it. She run asked her line manager and refused me again for the same reason. Patiently, I suggested her letting me go home, to look up the source (website) of that document, print them out and bring them up to her within 45minutes. After that, she brought my document (with marked page and marked lines indicating no necessary to be an immediate relative) to talk to her upper manager, finally she said “you have got best luck ever.” I got Emergency Humanitarian AP within 4 hours.
I am at the airport now to travel back, I will update after I return to the state safely.
Thanks Jason.
Thank you for sharing and good luck with your travel. Also, sorry for your loss. Just because someone is not an “immediate relative” is no reason to minimize the loss. Take care, Jason
Hi Ryan, how many days do they gave you?
Hello, they gave me AP right away after 3 hours of paperwork and interview. Anyway, try to read a lot about Emergency AP at field office. Good luck.
Hi Ryan, I meant to ask the validity of the AP that they gave to you, was it a year or couple months. Was it multiple entry or single entry?.
Thank you
They gave AP for me valid within 55 days started from the day they issued AP and just single entry.
Thank you so much Ryan
Hey Ryan,
What was basis of your application for AP? Was it humanitarian or work related?
Attending relative’s funeral service is my reason, my advice is to hire great asylum attorney like Jason to help obtain evidence and application. Best,
Hello Jason,
First of all, I would like to thank you so much for your blog and all information you provide. I applied for AP several months ago and got approved. Although I was kind of nervious to go out of the country with the AP, your information helped me a lot and I came back to the U.S safely just a couple weeks ago. (Third country, not homecountry)To me, whole entering process was pretty smooth since I have no criminal records and I was still in f-1 status. Before leaving the U.S, I got my I-20 signed by DSO but she told me that I’m not sure your status will be still valid once u come back to the U.S because you are not using F-1 visa to enter. Is that true? Has my status terminated now? Or it’s still valid?
Thank you again.
I am not sure – I think if you are still a full time student, then you are still in status, even though you left and returned with AP. But I am really not sure about that (unless you re-entered with the F visa, in which case you are still invalid student status). Potentially, the school can answer this question, as they should have access to information indicating whether or not you are in status, but again, I am not sure about this. Take care, Jason
Hi Lee,
Can you share your experience at the POE? Was it difficult due to the pending asylum case?
Good day, I am a pending asylee still waiting an interview. I have my younger sister’s wedding in 3rd country (Oct 27) and applied AP last June 6. I’ve gotten a couple of mails regarding my case was moved to Texas USCIS from Nebraska USCIS and then moved to Nebraska USCIS again from Texas USCIS. now the USCIS webpage shows that my fingerprint has been reviewed and they are preparing for officer’s review but I feel very nervous if I can’t attend my sister’s wedding due to 3 times of re-location of my case. I requested ‘expedite’ but got rejection due to the reason this case is not that urgent or doesn’t have any big financial loss. Should I just wait? is there any option that I can do for fast approval? I will be very disappointed if my application is not approved till my sister’s wedding. please kindly advise.. Thank you
Unfortunately, USCIS has made AP very difficult for no good reason. It is simply another way to punish asylum seekers. I do not know any tricks to make it faster, but you can try making an Info Pass appointment (a link is at right) and going to talk to them in person. You could also try the USCIS Ombudsman, but given the time remaining, I doubt that would help (a link to the USCIS Ombudsman is also at right). Good luck, Jason
Hello Jason,
The court delayed my individual hearing from Nov 2018 to March 2019. My father is suffering from chronic renal failure (CRF) and is getting blood transfusion every two weeks. I was hoping I will be able to see him soon, but they bumped my hearing date. I just want to be able to see my father before it is too late. Could I apply for advance parole while waiting for my individual hearing? I read online that people in removal proceedings can obtain advance parole from ICE, I am not sure if that is correct in my situation.
I was an F1 student and applied for asylum while I was in status (2013). USCIS referred my case to the court on Sep 2016.
I have never gotten AP for someone in court, and I do not know that it is still possible. Theoretically, you can ask the DHS lawyer about this, but they normally are not so helpful or easy to communicate with. The better bet might be to try to expedite the case based on your father’s illness (you could also try both ideas). I wrote about expediting in court on April 20, 2017. Good luck, Jason
Hi jason. I have a question about travel document. I was granted asylum 6 months ago and then I applied RTD and 2 weeks ago I received RTD. So now I want to go to third country and want to meet my wife and kids because I was here in USA From last 5 years . so can I go third country with RTD and meet my kids and comeback safely? Your reply will be highly appreciated. And advance thanks.
If you have a valid RTD, you should be able to leave the US and visit a third country, and return to the US with no problem. Be aware that the officers at the airport are often not familiar with RTDs and so this sometimes causes a small delay, but I have never heard of anyone having a problem returning. Take care, Jason
Thanks Jason for your reply.
With pending asylum application. Do I need AP to travel to Canada? Also can I tavel by Road? Will I need an AP to travel by Road? Can I applied or get AP to travel to Canada?
Thanks.
You would need it to travel and return to the US, even to Canada, and even by road. Take care, Jason
Hi Jason,
Thank you for your helpful information. As a person with a pending asylum case, I applied for AP and it was returned to me for: “travel date passed”. I am now required to provide a new travel date until a given date. My question is if I won’t be able to provide a new travel date and/or have no interest to travel any more, do they return the money I paid.
Thank you
You won’t get the money back. The best bet is to give them a date some months in the future, and hope you get an AP document valid for several months (though the validity date will probably end as soon as you indicate you plan to return to the US – this is very stupid, but it aligns with other harmful and unnecessary things USCIS is doing these days). Then, if you want to travel, you can. Take care, Jason
Hey Jason,
I talked to an immigration attorney and he said success rate for advanced parole for asylum applicant are close to zero. He said he has never been successful with it.
Do you have any success stories(some recently accepted application for AP) for people who had pending asylum?
Thanks,
Abhi
Most of ours have been approved, though most recently, the person was approved for only a few days (the approval came during the time he said he would travel, and was only valid until he said he wanted to come back). So I think you have to be very careful about the dates you select for travel. It is basically a guessing game, and if you guess wrong, you lose your application fee. It is just another way USCIS is mistreating asylum applicants. All that said, it is possible to get AP, but it involves some luck. Take care, Jason
I am an asylum applicant (submitted September 2017 and have not been interviewed), In June 2018, my grandmother died and I wanted to return to the country I was fleeing to bury her.I applied for advanced parole at my local Immigration Office in person (I completed all my paperwork and brought supporting documents to prove relation) the whole process took about 4 hours (including wait time) and I was granted Advanced Parole for 30 days, (I was able to bury her and return to the US) WITHOUT any issue by immigration.
It is good that you were able to return, but this trip will be an issue in the asylum interview, so make sure to submit evidence about it, and be prepared to explain how you stayed safe for the time you were in your home country. Take care, Jason
Hi Kendra,
What kind of USCIS office was this? USCIS field office or dedicated Asylum office? Do you know you can get an instant approval if you have all the documents?
Hey Tori, I visited USCIS in Manhattan, New York. paid the fee and received the AP same day. It took me 3hours in total to complete paperwork, sit through those infront of me and then received it.
Hi Kendra,
Did you do Infopass appointment? I don’t see any available dates for infopass so I was wondering if I could just walk in and sit there until they call me. Please let me know.
Sometimes, if you try to get an appointment after midnight, it works better. Unfortunately, the system is a real mess. If you can’t get an appointment, you can try just showing up and explaining that you could not get an appointment. Whether that will work, I do not know, but you can try, especially if you have some type of emergency. Take care, Jason
Thanks Jason for that article. 🙂
If a person is granted asylum. Can s/he apply for travel document (I believe then it will then be refugee travel document) for normal travel just like other categories of immigrants ?
Only people with asylum and refugees are eligible for the Refugee Travel Document. Other than that, you are correct. If you have been granted asylum (or have a GC based on asylum), you can apply for the RTD and travel with that. Not all countries accept the RTD, so check with their embassies, but you can always use it to re-enter the US. And of course, you should not use it to visit the country where you fear persecution. Take care, Jason
Thanks Jason for your reply 🙂
It is sad, however, to know that asylum applicants are inherently discriminated by and treated less than other categories of immigrants. I guess after all not all men are created equal :/
Hopefully one day, asylum seeking can be more smooth for these one of the vulnerable set of people in the world
Absolutely amazing blog! I like it. I found it very useful and helpful. I still have a little question tho – if I’m alrwady an Assylee I need both AP and refugee travel documents besides my assylee document and passport. Is this correct? And what my fees will be? And if I don’t travel to my original country do I need to have an excuse to leave, Bc I just want to travel abroad- nowhere even close to my original country I series asylum from.
If you have asylum already, you only need the Refugee Travel Document (form I-131, available at http://www.uscis.gov). If you are ready to apply for a green card, you can pay the fee for the green card and that includes the RTD fee. If you are applying only for the RTD, the fee is show in the instructions. Take care, Jason
I wanted to thank you for taking time and writing such a thorough article – I’m an asylum seeker and accidentally came across your website. I am planning to travel for work and this article helped me clarify the last details about my AP application.
Thank you, Jason
Hi Jason,
Last year I took my chances, applied for AP with a pending i-589, went to Europe for work, and safely came back in December 2018. I was looking at my most recent i-94 form now and found out that I was admitted into the USA until December 27, 2019 (basically, for a year). Does it mean for me that if I’m called for my asylum interview before that date I do not have grounds to qualify for asylum? Can I still apply for AP this year?
Thank you in advance for your time,
Sasha
I think the I-94 just indicates you were paroled into the US based on AP. It is essentially meaningless, since you can stay beyond that date based on the pending asylum, and it does not mean that you have any type of status here (other than asylum pending). I do not see why you cannot applying again for AP if you need it. Take care, Jason
Thank you for the answer! Your blog rocks 🙂
Hi Sasha,
could you please share your experience using work as humanitarian reason and the result of it? thanks
Hi Abi,
I used it twice successfully – both times I wasn’t asked any questions when entering the country. I was subject to additional screening and spent some time in a room with officers, but that’s pretty much it. I wonder if that’s because I am not the main applicant on the case (my husband is)? Also, I haven’t travelled to my home country; I travelled solely to Europe for work. Hope it helps.
Hi Sasha,
What evidence did you include in original report?
Did you include evidence for the fact that asylum interviewers can apply for AP?
I have heard some people getting rejected because USCIS said asylum applicant aren’t eligible for AP.
Asylum applicants are generally (though not always) eligible for AP – I wrote about that on September 11, 2017. Take care, Jason
Hi Jason,
How long do AP applications take these days for asylum applicants these days? The USCIS estimates don’t specifically say how much it is for DACA vs I485 folks vs. asylum pending, so i am curious to know if you have any data
It probably takes at least 7 or 8 months, but wait times are unpredictable and we do not do so many of these that I have a great sense of the current wait time. Take care, Jason
How difficult is it these days to get an AP as asylum applicant? Is it same as 2017(slightly consistent/better) or more like 2019(highly erratic/have to be lucky)
We have not had any denied in some time (though we only file a few each year). We always give a humanitarian reason with evidence, as that is basically required. Take care, Jason
Hi Jason
First of all thank you for your help to everyone.
I came to US under J1 visa 2015 May (no 2 years rule)
I applied to change my status to F1 but got denied March 2016
Then Filed I-290B on April 2016 but 13th of December 2016 USCIS denied my Motion. Then 24th of January 2017 USCIS received my application for Aslyum and now I am waiting for my interview. USCIS received my asylum application after 41 days my I-290b denied, my question is was I out of status till I applied for aslyum if yes how many days ? I want to go out of country ( third country) to visit my grandparents for humanitarian reason by getting AP. Will I have probelm when I come back to USA at airport if I was unluwfull ? Thank you for your answer.
You should be able to travel with AP and return, even if you have some time out of status. But if you are not sure, talk to a lawyer to review the specifics of your situation. I do not know whether the time while the I-290B was pending counts as time “out of status” for purposes of the unlawful presence bar. It may depend on whether the I-290B was a motion to reopen (I think your time would be unlawful) or an appeal (I think your time would be lawful) – the form can be used for both a motion to reopen and an appeal. In practical terms, I do not think the unlawful presence will make much difference, however. The bigger problem is the one-year asylum bar (I wrote about that on January 18, 2018) and whether you will have trouble with that. As far as I know, there is no definite rule about an I-290B and the one-year asylum bar. You just have to make the best argument about that that you can. I do think it is worth talking to a lawyer about this, to see what the best approach is. Take care, Jason
Thank you so so much for your great answer,
One year bar might make problem at airport when I come back with valid AP ? Or might effect to get approve AP ?
The rule about this changed, so that the one-year bar or prior unlawful presence should not affect AP, and I have not heard about anyone with AP blocked from entering the US. Take care, Jason
As an asylum applicant awaiting for interview, after obtaining AP, what are the consequences of traveling with a passport from the same country you fled?
If you visit your home country with AP, it is very likely that visit will cause your asylum case to be denied. At the minimum, you will need to explain why you went back, how you stayed safe, and why you still need asylum. Take care, Jason
Hi Jason, I have a pending asylum case and work as a care giver. I spent 14 days out of status before I received my right to remain.
My client and his wife have been traveling to Spain every year for holiday for a month. This time round it is different as it will be their last time. My client is paraplegic and his wife was recently diagnosed with a very aggressive form of cancer therefore can not provide care for him. They asked me today and travel is to be in September for 27 days. Is it possible for me to apply for an AP tomorrow and receive it in 4-6 weeks?
You can apply for AP, but whether you will get it by late September, I do not know. Maybe include medical info for your employers and ask USCIS to expedite. Take care, Jason
Hi Jason Good day. Thanks for all the information and detailed explanation of all the processes. Also from the warning. I am currently waiting for the asylum case. I need to travel to Colombia because my grandmother is in serious health. She’s from Venezuela. Since I can not return to my country, I want to meet her again in Colombia and take her to the doctor (in Venezuela, health does not exist). I already requested a medical letter detailing everything from Venezuela. But this would come in Spanish. How would I translate the document and make a letter explaining this emergency situation? What other documents would I need? Thanks so much
You can use a translator or do it yourself, and you would have to attach a certificate of translation, which you should not sign (since it is your own case). If you translate it yourself, have a friend who speaks both languages review it and sign the certificate. Otherwise, you can get evidence of your relationship to her (your birth certificate and your parent’s birth certificate, and maybe photos with you and her together), and evidence of her medical condition. Unfortunately, getting AP is not a fast process, so you can request that they expedite, though whether that will help or not, I do not know, but at least you can try. Take care, Jason
Good day. Thank you very much for help. I will collect all the possible evidence. I will ask a translator to do it for greater security. Thx again
First of all would like to apricate your help and effort for the people such as us. I have applied for asylum October 2015, Had an Interview February 2018 and was referred to Immigration court. I have had a Master Hearing on May 1st, 2018. My individual hearing is scheduled in March of 2020. My question is; can I obtain a travel permit so I can travel to third country where I can see my family (It has been 3.5 years) and if yes, how risky is it?
Thank you in advance.
If you get Advance Parole, and you leave the US, you could be denied re-entry, since by leaving, you will have deported yourself. Basically, people with a court case pending cannot travel and return. Theoretically, you might be able to get permission from DHS to travel, but I think that will be very difficult. You might try expediting the court case – maybe that would be safer. I wrote about that on April 20, 2017. Take care, Jason
Hi I would like to know you filled your asylum case where Arlington office or somewhere else I also applied in Oct 2015 no interview yet did you expedite your case or not ? because i also waiting for the interview
Hey Jason,
Just following up on this scenario you mentioned in this post:
“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.”
Since writing this post, have you found any more insight on the situation of someone with a pending application for asylum? Specifically, someone who entered on a J-1 visa, it expired, then the individual applied for asylum a few months later. Asylum is now pending and the individual needs to travel on AP.
Thank you!
I have not had to research the issue, and so I don’t know. I do recommend you have a lawyer research the question before you travel (or even before you spend money on the AP application). Take care, Jason
Hi Jason, I left the US while my asylum case is pending and I just got a B1/B2 visa. Will I get questioned at the POE for abandoning my case? The consular said that I was clean and have no issues
Maybe – if the asylum case is stilt pending (or if you have a deportation order), you could be denied entry and forced to leave the US, or you could seek asylum at the airport and likely be detained. You can call 800-898-7180 and enter your Alien number. Press 3 and the computer will tell you if you have a deportation order. Also, you could email the asylum office and ask about the status of your case. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, I applied for an asylum and it has been approved, I want to visit Ghana, do I need an advance parole or travel document?
Also am due to apply for my green card in September, should I submit my I-485 form 90 days before the one year or wait until the September when it’s exactly one year?
Thanks
Joe
If Ghana is not the country of persecution, you can visit with no problem. You can get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) to travel and re-enter the US. For the I-485, I recommend you wait the full year, as we had an application rejected once because it was filed 25 or 30 days before the one-year anniversary. If you do not plan to travel soon, you can apply for the I-131 and I-485 at the same time – when you pay the I-485 fee, the I-131 is included for no extra cost (and so is the I-765 if you want a new EAD). Take care, Jason
Hi Jason,
Thank you so much for your informative posts, your website is a great resource for asylum seekers in the U.S and I sincerely appreciate your efforts in guiding us in the right direction. THANK YOU!!!
Thank you, Jason
Hi, Jason!
Thank you for your help and all information you are providing. My husband was granted asylum recently and I am derivative asylee. Now we need to bring our 8 years old son here. There is nobody who can bring him. Can I travel to my country or at least to the third country to bring my son to US? Can bringing my son be considered as “humanitarian” reason? Will my traveling cause any problems? Thank you in advance.
It would be better if you can meet him in a third country and travel there. You should get a Refugee Travel Document, form I-131, available at http://www.uscis.gov. If you get that document and meet him in a third country, you should have no issues with US immigration. However, you still need a visa for him. Normally, this is form I-730, not humanitarian parole. Take care, Jason
Thank you.
We already applied for I-730 and are waiting for a decision.
Best wishes!
Hi Jason,
Thanks for this great info! My boyfriend (from Venezuela) was granted asylum and now has a pending I-485. We would like to travel to Cuba for a family reunion. Should he apply for a refugee travel document, or advanced parole, or both? Also, is there a big risk traveling to Cuba considering they are an ally of Vzla (and have a strained relationship with the US)? I appreciate your help!
If he has already won asylum, he should apply for the Refugee Travel Document (form I-131, available at http://www.uscis.gov). I have not heard about people having trouble if they go to Cuba, but I really do not know (he likely would have trouble if he went to Venezuela). Take care, Jason
Hi Jason
Thanks a lot for your continuous Help and support.
I have a question, i was granted asylum and applied for travel document , and ive received it , but my middle name on it is incomplete, i have a really long middle name , it doesnt show up in any of my documents here like drivers license, EAD , Social , only on my national passport .on my i131 application i wrote my name like my drivers license and EAD “first last and only 1 middle name” , but they tried to write the full middle name as it shows on my passport and ofcourse it didnt fit and one of them is only couple of letters written, not the whole name ? Will this cause me a problem to return to the usa , is this an error that they can fix ? And i duno when i apply for any visa with the travel document how should i write my name ! Like how its written on it or the whole name ! Or why the didnt issue it like my EAD ?! What do you think i should do ?!
Thanks a lot
I doubt this will be an issue – your photo and biometric info are on the travel document. Just to be safe, you might want to keep copies of your asylum approval, I-94, and EAD with you (you can scan them and keep the scanned copies on your phone or computer, so have access to them if you need them). As for visas, I am not sure – I would probably list the full name and then list the name as it appears on the travel document if they ask about different names you use. Take care, Jason
Hi. I’m in the same position as you, my asylum was granted last month and I want to travel before I get my residency. Were you able to travel overseas without problems?
Let me know about your experience.
Thank you.
I am a pending asylum applicant. I would like to travel by cruise to Bahamas. I am going to apply for AP. Do I need to apply Visa to Bahamas since my original country need to get a visa to enter Bahamas
Thank you
Joy
Travel like this is not really “humanitarian,” so I do not know whether USCIS will give you AP, but if you get it, you can travel and return. However, recognize that you will need to use your home country passport (which could negatively affect your asylum case) and that you would need any visas that are required for people with your passport. Take care, Jason
Hi Jason,
I’m pending asylum applicant. I had the interview in Los Angeles asylum office on October 2017 and still waiting for the decision. At the end of the interview the officer told me the decision will be mailed and a year after I receive it i can apply for GC and they send the case for background check, if they find anything including DUI (which I don’t have) the case will be rejected and they send it to court. She mentioned it will take quite long time to get the decision and gave me a Mail-out Notice. In the notice it has been mentioned that i can apply for job Authorization under 8CFR 208.7(a)(1). Now my question is that based on these information is there possible predictions on my case? I have to renew my current job authorization in 3 months which I assume I’m not getting the decision by then, so the eligibility category would be (C)(8)?
Thank you in advance for your time. Looking forward to hearing from you.
There is no prediction on your case based on what the officer said (there never is, as they say many things that seem to have no meaning). You renew your EAD based on the same category that you have now, yes. Take care, Jason
Thanks so much for great topic, Mr. Jason.
I came from Vietnam and I arrived to the US legally with J1 visa (not subject to 2 year rules) and I have got affirmative asylum pending for 1,5 years, and still waiting for my first interview. I got my visa J1 terminated and 20 days later I got receipt for my asylum case received by USCIS. I have no crimes, no tickets or anything bad, just working and paying taxes.
Recently, My mom was sick, I need to travel to South Korea (third country) to see her.
My questions are:
1. what the customs officer gonna see and let me in or deny upon my arrival to US after my trip.
2. Are there any risks I could face upon my returning to US (based on my info provided)?
3. Am I qualified for AP? and if Yes, what kinds of documents you think I must submit to apply for AP? and How long to get AP?
4. let’s say after I got AP and travel back to US, Will I be asked for evidence about the trip (such as, my mom passport/korean visa, patient history, photos of us together…)?
Hopefully, your answers should be satisfied with others’ same questions.
Much appreciate it.
1 – If you have AP, you should get back into the US. I know of no cases where someone with AP was denied entry. 2 – As long as you do not go to Vietnam, I do not see a risk. 3 – I do not know. You have to read the instructions and if you are not sure, talk to a lawyer about the specifics of your situation. Most asylum seekers are eligible. 4 – You could be, so be prepared to explain. The most important issue is whether you traveled to your country, so you can explain that you did not and maybe have evidence of where you spent your time. Take care, Jason
Thanks so much for answering in details, MR. Jason, take care.
Hello Jason. I was granted asylum and now I am going to adjust my status. I am sending i-131 form together with i-485 as I am planning to travel to Canada as a tourist before I get my permanent resident card. Which box should I check: applying for travel document or advance parole, or both of them to be able to return to USA.
If you have asylum, you can apply for a Refugee Travel Document – that is the more normal thing to do. I do not know whether you can get Advance Parole if you already have asylum, and anyway, the RTD is the better travel document. Take care, Jason
Thank you
Would you please share your timeline?!
Hey,
Thanks for this valuable piece of information. I filed for affirmative asylum and I am yet waiting for my interview. I want to travel to Dubai. I have an Indian Passport. I need to visit for a humanitarian reason. What are the chances of not getting a re entry in US. Thanks.
If you get AP, and you travel while it is valid and do not go to your home country, you should be able to get back into the US. I know of no example where a person traveled with AP and then was not allowed to enter the US. Take care, Jason
“
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.
“
It is clear, and I understand, that Jason is not a Trump fan. But I don’t think it’s a good idea to intentionally create fear when it is unsubstantiated. For example, in this case, if none of your clients had any problems traveling using AP, then why bother to scare people on this issue?
Stating the facts so people can make their own decisions is not “intentionally creating fear,” it is providing info that hopefully helps people make informed decisions. Take care, Jason
Hi Jason,
I am still pending my interview.
My company requires me to travel to France for training as well as returning back for frequent meetings.
How likely am I to get an AP? Also now that my national passport is expired, should I apply for a new passport to use it with the potential AP?
Thank you
You need to give a “humanitarian” reason for AP, but maybe your company can write a letter and that will be enough (maybe your job is “humanitarian”?). It may take 6 months to get the AP. You would need a valid passport to travel, but whether renewing the passport will damage your asylum case, I do not know. You should talk to a lawyer about that. Take care, Jason
Hi,
Iam a pending asylee,,I came to usa with a visiting b1/b2 visa ,in dec 2016 and I filled for asylum in feb 2017,, They didnt call me for an interview yet,,then I won the 2018 dv lottery,,Will I be able to adjust my status??Iam eligable for adjustment of status?If not do you think its wise to go to a third country to get the dv green card???Will itbe wise to apply for advance parole as a backup if the dv green card was denied for any un expected reason?
Thanks in advance.