Are You Allowed to Leave the Country While Applying for Long-term Residence?

If you’ve been a Green Card holder for a minimum of eight of the last 15 years, you’re eligible to apply as a Long-Term Resident, a legal permanent resident of the United States. As a Green Card holder, you’re allowed to travel outside of the United States multiple times and reenter if your stay outside of the United States is not for a year or more. You’ll need to know several crucial aspects of traveling outside of the United States as a Green Card holder before making any travel plans.

What Is Advance Parole?

Lawyer walking a client through a legal process.

Advance Parole is a temporary travel document that one must secure before leaving the United States by certain non-citizens to allow them reentry after traveling outside of the United States with a non-immigrant visa or without an immigrant visa. Without Advance Parole, the U.S. will deny entry to those without a valid visa.

You should file Form I-131, Application for Travel Document, to apply for Advance Parole. You must receive approval and the travel document for Advance Parole before traveling. The United States Citizenship and Immigration Services (USCIS) can issue Advance Parole for single-use or multiple uses. A single-use Advance Parole is valid for the specified dates of travel only. If those dates change, you’ll need to apply for a new Advance Parole that reflects your updated travel dates. A multiple-use Advance Parole is valid for one year from its date of issuance.

Obtaining Advance Parole can take up to three months, so you’ll want to get started on the application as soon as you know that travel abroad is required. You may wish to consult an immigration attorney to assist you with the process and discuss the requirements.

Who Is Eligible for Advance Parole?

You can apply for Advance Parole for the following reasons:

  • Your application for adjustment of status (Form I-485) is pending.
  • You gained admission to the United States as a refugee.
  • You’ve received asylum.
  • The Family Unity Program granted your benefits.
  • You’ve received Temporary Protected Status.
  • Your asylum application is pending.
  • You have a bona fide or emergent personal reason to travel abroad temporarily.

Who Is Not Eligible for Advance Parole?

You can’t apply for Advance Parole under the following circumstances:

  • You’re in the United States without valid immigration status.
  • You have a valid previously issued reentry permit in your possession. If this scenario is the case, you need to prove that it was lost or return it to the USCIS.
  • You’re an exchange alien under the conditions of the foreign residence requirement.
  • You’re the beneficiary of a private bill.
  • The removal proceedings against you have begun.

Do You Need Advance Parole?

Advance Parole has two benefits for those who need to leave the country while applying for long-term status. First, it allows you to return to the United States after traveling abroad without the requirement of obtaining a visa. Second, an Advance Parole preserves your Form I-485, Adjustment of Status application you have pending with USCIS. With an Advance Parole, any pending applications for adjustment of status are still effective.

What Information Does an Advance Parole Require?

If you’re applying for Advance Parole, you’ll need to complete a Form I-131, Application for Travel Document accurately. You’ll also need a receipt notice for your Form I-485. In addition to these documents, you’ll need to supply your phone number, alien number, full name, current address, and date of birth. An immigration lawyer will walk you through obtaining an Advance Parole to ensure your re-entry to the United States upon returning from traveling abroad.

What Is the Difference Between Advance Parole and a Reentry Permit?

People without permanent residence status in the United States are issued an Advance Parole to reenter the United States. Permanent residents of the United States get granted a re-entry permit. Advance Parole is similar to a visa, whereas the reentry permit is more like a passport. Advance Parole is either issued for specific travel dates or one year from the date of issuance, and a re-entry permit is valid for two years.

What Required Documents Do You Need for Travel Outside the United States?

You should have your refugee travel document or passport from your country of citizenship, plus any additional exit and entry requirements such as a visa or Advance Parole. You should also carry a copy of your Green Card (Form I-551, Permanent Resident Card) and other identifying documents, such as a foreign national identity card or a valid driver’s license.

Do You Need an Immigration Lawyer to File for Advance Parole?

An immigration lawyer is not required for you to apply for Advance Parole; however, an attorney can be invaluable for help with the process and answer any questions you may have. An immigration lawyer can also ensure that the Form I-131 gets completed correctly, work with you to acquire a copy of your Form I-485, and assist you with any other parts of your application.

An immigration attorney can help alleviate the stress of applying for Advance Parole. Due to the complexity of the application process and a growing trend toward deportation and detention, it’s imperative to have your bases covered on all matters immigration-related, and an immigration attorney is an excellent resource. Hiring an immigration lawyer could save you time because the attorney will be well-versed in the application process, saving processing time.

Contact De Castroverde Criminal & Immigration Lawyers Today

The team at De Castroverde Criminal & Immigration Lawyers has been voted the best immigration lawyers in Las Vegas, providing you with the knowledge and experience necessary to complete the Advance Parole application process. Immigration law can be stressful, complicated, and exhausting. When you hire De Castroverde Criminal & Immigration Lawyers for your immigration matter, our team will work hard to provide you with the best legal representation available.

If you have questions about Advance Parole or any other immigration issue, reach out to us today. We’re available 24 hours a day, seven days a week via secure online messaging or at 702-479-7359.