Form I-131 explained: Who needs it and how to apply for Advance Parole
Photo by Adrian Agawin
If you’re a foreigner in the United States with a pending immigration application, you might be wondering about Form I-131, a crucial document when it comes to traveling outside the U.S. while your immigration case is still ongoing. Specifically, this form is used to apply for Advance Parole, which allows you to re-enter the U.S. without abandoning your application. But what exactly is Advance Parole, who needs it, and how can you apply? In this article, we will guide you through everything you need to know to make the process as smooth as possible.
What is Advance Parole?
Advance Parole is a document issued by U.S. Citizenship and Immigration Services (USCIS) that allows foreign nationals in the U.S. with a pending immigration application to travel abroad and return to the U.S. without losing their status or application. If you leave the U.S. without obtaining Advance Parole while your application is pending, you risk abandoning your case, and re-entering the U.S. could become a complicated process.
Form I-131 is the official form used to request Advance Parole. It can be a lifesaver for people waiting for the approval of applications like Adjustment of Status (Green Card), Temporary Protected Status (TPS), or asylum. Essentially, it’s a tool that helps applicants travel freely while waiting for their immigration processes to be finalized.
Who needs to apply for form I-131?
Not everyone needs to file for Advance Parole. Here are the primary groups of people who should consider applying for Form I-131:
- Applicants for adjustment of status (Green Card): If you are applying for permanent residency (a Green Card) while in the U.S. and have a pending application, you will need Advance Parole to travel abroad without jeopardizing your case.
- Temporary protected status (TPS) holders: If you hold TPS, you might need to apply for Advance Parole to leave the U.S. and re-enter without losing your protected status.
- Asylum applicants: If you have filed for asylum and are awaiting a decision, Advance Parole can allow you to travel while keeping your application intact.
- DACA recipients: If you are a Deferred Action for Childhood Arrivals (DACA) recipient, Advance Parole allows you to travel and return to the U.S., which is critical when needing to visit family or attend important events abroad.
If you fall into any of these categories, you’ll likely need to submit Form I-131 to request Advance Parole before leaving the U.S. If you’re uncertain about whether you need it, it’s always a good idea to consult with an immigration lawyer.
Key steps to apply for Form I-131
Applying for Form I-131 requires careful attention to detail and patience. Follow these steps to submit your application:
- Complete the Form I-131: You’ll need to fill out the application carefully and truthfully. The form asks for basic personal information, details of your immigration status, and your reason for traveling outside the U.S.
- Submit supporting documents: Along with your completed form, you must submit certain supporting documents, such as a copy of your passport, visa (if applicable), evidence of your pending application (e.g., Adjustment of Status, TPS, asylum), and a copy of any prior Advance Parole documents (if applicable). These documents help USCIS determine your eligibility.
- Pay the filing fee: The filing fee for Form I-131 is usually around $575, though it’s important to check the latest USCIS guidelines for any changes. Be sure to submit the fee with your application, or your request will be rejected.
- Wait for USCIS processing: USCIS will review your application, and the processing time can vary. It could take several months or longer to receive a decision, so plan your travel accordingly. You should not leave the U.S. until you have received your approved Advance Parole document.
- Receive your advance parole document: Once approved, you will receive your Advance Parole document. This document must be presented when you re-enter the U.S. If your application is still pending and you leave the country without this document, your case may be abandoned.
Important considerations before applying for advance parole:
- Traveling without advance parole: It’s crucial not to travel outside the U.S. without Advance Parole while your immigration application is pending. Doing so could result in the abandonment of your case, making it difficult to return to the U.S. and complicating your application.
- Advance parole validity: The validity of your Advance Parole document is typically for one year or until the expiration of your current immigration application, whichever comes first. Make sure that your travel plans align with the expiration date to avoid complications.
- Emergency situations: If you need to travel urgently for family emergencies or other unforeseen events, you may be able to request expedited processing. Consult an immigration lawyer for assistance in such cases.
Need help with Form I-131? Contact an immigration expert
If you’re unsure about the process or how to complete Form I-131, it’s always wise to seek professional guidance. An immigration lawyer can help you understand the specifics of your situation and ensure your travel plans go smoothly without affecting your pending application.
Don’t risk complicating your immigration process. Contact an immigration lawyer today for expert assistance in filing Form I-131 and securing your Advance Parole document.
