Q: What is Advance Parole?
A: Advance Parole is a document for certain aliens to re-enter the United States after traveling abroad without an immigrant visa or non-immigrant visa. Such aliens must be approved for Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will not be permitted to re-enter the United States upon their return as a general rule. However, this rule has some exceptions.

Q: Who needs an Advance Parole?
A: Aliens in the United States who wish to travel abroad but have:
1. an application for adjustment of status pending;
2. been admitted as a refugee or have been granted asylum;
3. been granted benefits under the Family Unity Program;
4. been granted Temporary Protected Status;
5. an asylum application pending; and/or
6. an emergent personal or bona fide reason to travel temporarily abroad.

Q: What are the purposes of Advance Parole?
A: There are two purposes for advance parole: First, it enables an alien to come back to the U.S. after traveling abroad without the necessity of obtaining a visa to the U.S. Second, it preserves whatever the application pending at the INS. The alien is paroled outside of the U.S. and their application, such as the application for adjustment of status continues to be effective. Please note that aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status. However, in this situation, they still need a valid visa to come back to the U.S.

Q: I am an H-1B holder, and I have already filed I-485 with the INS. Do I need to apply for an Advance Parole?
A: No, you need not. As an H-1B holder, as long as you maintain a valid H-1B status, you may try to apply for a H-1B visa to reenter the U.S. after your travel abroad.

Q: I am an H-1B holder, and my I-485 is pending with the INS. I wish to travel abroad, but I am not sure whether I can get H-1B visa to reenter the U.S. Do I need to apply for an Advance Parole?
A: To safeguard that you can go back to the U.S., you may apply for an advance Parole before you start your travel abroad. You may bring your Advance Parole with you, but you should try to apply for your H-1B visa first. If you get your H-1B visa, you may use your H-1B visa to reenter the U.S. If your H-1B visa application is denied, you may use your Advance Parole to reenter the U.S. Thus, like a back-up, your Advance Parole may let you return the U.S. in case that you cannot get a visa.

Q: I was a H-1B holder, and used my Advance Parole to reenter the U.S. Do I lose my H-1B status and become I-485 pending?
A: If you resume your employment with the same employer for whom you had previously been authorized to work as an H-1 nonimmigrant without using your EAD, you can still keep your H-1B status. Furthermore you can still apply for an extension of H-1B status. However, if after being paroled in, you change employer that sponsored your original H-1B status or work for your current employer with your EAD, you no longer have a valid H-1B nonimmigrant status, even though you can still lawfully stay in the U.S. during the I-485 pending period.

Q: I was a L-1 holder, and used my Advance Parole to come back the U.S. Am I still in L-1 status?
A: If you resume your employment with the same employer for whom you had previously been authorized to work as an L-1 nonimmigrant without using your EAD, you can still keep your L-1 status. Furthermore you can still apply for an extension of L-1 status. However, if after being paroled in, you change employer that sponsored your original L-1 status or work for your current employer with your EAD, you no longer have a valid L-1 nonimmigrant status, even though you can still lawfully stay in the U.S. during the I-485 pending period.

Q: Who is not eligible for Advance Parole?
A: Aliens in the United States are not eligible for Advance Parole if they are:
1. in the United States without a valid immigration status;
2. an exchange alien subject to the foreign residence requirement;
3. the beneficiary of a private bill; or
4. under removal proceedings.

Q: How does one obtain Advance Parole?
A: Please consult with an immigration attorney.

Q: Does an Advance Parole guarantee the admission into the United States?
A: No, Advance Parole, like a visa to the U.S., does not guarantee admission into the United States. Aliens who have obtained Advance Parole are still subject to the INS inspection process at the port of entry.

Q: Can travel abroad still have severe consequences for certain aliens, even if they have obtained Advance Parole?
A: Yes, due to changes to U.S. immigration law, travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status or changing their nonimmigrant status. Such aliens may be found inadmissible to the United States upon return and/or their applications for adjustment or change of status may be denied.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission, even if they have obtained Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.
Aliens who have concerns about their admissibility should contact an immigration attorney before making foreign travel plans.

Q: How long does it take to get an Advance Parole?
A: It usually takes about two months to three months for the INS to process an Advance parole.

Q: What is the valid duration of an Advance Parole?
A: One year. An alien may make multiple entries into the U.S. within one year by using an Advanced Parole.

Q: Where is an Advance Parole applied?
A: For an adjustment based on employment-based immigration, it is filed with the INS Service Center that has the jurisdiction. For others, it is filed with the local INS office. However, in an emergent situation, an application for an Advanced Parole can be filed in the local INS office even for the adjustment of employment based immigration.

Q: What is the difference between an Advanced Parole and a Re-entry Permit?
A: An Advanced Parole is issued to an alien who does not have permanent resident status. A Re-entry Permit is issued to a permanent resident of the U.S. On the appearance, an Advanced Parole is a piece of paper with the alien's photo whereas a Re-entry Permit looks like a passport. An Advanced Parole functions like a visa to the U.S. while a Re-entry Permit functions sometimes like a passport. In another word, an alien with an Advanced Parole still needs a foreign passport to enter into the U.S. while a permanent resident with a Re-entry Permit does not need a foreign passport to enter into the U.S. Another difference is the duration: An Advanced Parole is valid for one year whereas a Re-entry Permit is valid for two years.