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Advance Parole Law Firm

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Permission To Reenter The US With Advance Parole

Advance Parole is the discretionary authority granted to the Department of Homeland Security to allow an individual to enter, return to, or remain in the United States without granting the person formal admission. Parole is typically granted for a temporary, finite

period of time and is based on several discretionary factors, such as humanitarian reasons or for a significant public benefit. You may be eligible if you are a DACA recipient, have a pending green card application, have TPS, and for many other humanitarian reasons. Ms. Cardenas has assisted her clients in obtaining Advance Parole and she makes sure that her clients feel comfortable and secure about leaving the U.S. and returning on Advance Parole.
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Frequently Asked Questions About Advance Parole

An Advance Parole Document is a form of temporary travel authorization to return to the United States upon departure from the United States.  The Application is Form I-131.  Nonimmigrants in the United States (such as adjustment of status applicants (people applying for their green cards), DACA recipientsTPS recipients, and refugees/asylum applicants) are eligible to reenter the United States after traveling abroad.

Advance parole is issued by the USCIS, and it is granted for a period of time that is stated on the document, and usually it is valid for one use. Persons that have a pending adjustment of status application are often granted an Advance Parole document for multiple uses.  DACA and TPS recipients are granted permission for one use in almost all cases but are eligible to apply for additional Advance Parole.  

The Advance Parole document is printed on a standard, letter-size piece of paper and is issued to the applicant before he/she departs the U.S. and is presented to the CBP officer upon returning to the U.S. Only the CBP officer determines who can enter the United States, but with this document, 99% of people are permitted to re-enter.  Domestic security issues, terrorist issues, and public safety issues are the many reasons for the denial.

Becoming a permanent resident through adjustment of status involves many different requirements. Lawful admission or parole is just one of those requirements. However, as unlawful entry is one of the most common obstacles for undocumented immigrants seeking to adjust status within the U.S., traveling with advance parole is an important strategy to consider. Many DACA recipients who entered the country illegally often cannot easily get a green card, even if they have a family member who can sponsor them for permanent residence. They are often inadmissible because of their unlawful entry. However, a person who travels abroad with permission from the U.S. government to depart and return (called Advance parole) will re-enter legally when they come back. This last legal reentry with parole allows many immigrants an opportunity to seek permanent residence (a green card) inside the U.S. without having to go to the consulate or embassy out of the U.S. to obtain their green card visa.

USCIS may grant Advance Parole if they travel abroad in furtherance of one of the following categories:

You are an applicant for lawful permanent residency and you have filed a Form I-131 application for Advance Parole.

Urgent humanitarian purposes, including travel to obtain medical treatment, visit family members, atend funeral services for an immediate family member, and for many other humanitarian reasons that the U.S. government determines to be valid.    

Educational purposes, such as semester-abroad programs and academic research, or;  Employment purposes such as overseas assignments, interviews, conferences, training, or meetings with clients overseas.

An authorization document does not guarantee that its holder will be paroled into the United States upon their return. When a recipient presents themself at a U.S. port-of-entry upon return, they will be subject to inspection by a Customs and Border Protection offical  who will make a discretionary decision as to whether they will be paroled into the United States.

Generally, persons traveling on advance parole are allowed to enter without any delay or issues. However, CBP will still screen travelers for admissibility and in very few cases, may deny parole back into the United States due to limited factor such as in the interest of national security.  

Therefore, it is essential to determine if there are any circumstances in a person’s immigration or criminal history that could present risks to reentering successfully.

Ms. Cardenas and her team understand the importance of Advance Parole and the stress that leaving the U.S. and seeking to be paroled back may cause.  We are experienced and take the stress out of this process.

Contact a Salt Lake City Fiancé Visa Attorney at Familia America Today

Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.

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