I-131 Advance Parole Application

Do you need to travel but you’re in the process of getting a Green Card or waiting for approval of benefits? If you need to travel outside the United States, you run the risk of having your application considered abandoned, putting you back at square one of the process. 

With the I-131, Advance Parole Application, you may be able to travel abroad and return without abandoning your application. FileRight’s guide to Form I-131 explains what it is, who is eligible, how long it takes to get approved, and more. Read this guide before you plan that trip out of the U.S. to keep your application status safe.

What Is I-131 Advance Parole Application?

Form I-131, Application for Travel Document, is used to apply for a travel document known as Advance Parole. Advance Parole allows certain foreign nationals, who are in the process of adjusting their status to permanent residence (getting a Green Card), to travel outside the United States without abandoning their pending adjustment of status application.

Here are the basic facts you need to know about Advance Parole and Form I-131 if you’re thinking about traveling:

• If you have a pending I-485 (Application to Adjust Status), you have Temporary Protected Status (TPS), or you are a recipient of Deferred Action for Childhood Arrivals (DACA), you may be eligible for Advance Parole.
• If you have a pending adjustment of status application, you won’t need a visa to return to the U.S. after traveling internationally.
• Advance Parole is usually granted for a year or until your current status expires, whichever comes first. 
• How long you will have to wait for Form I-131 will vary depending on the USCIS workload, but it can range from a few weeks to several months.
• After filing Form I-131, you may be required to attend a biometrics appointment for fingerprinting and a photograph.

Now that we’ve covered the basics of Form I-131, Advance Parole Application, let’s take a look at the eligibility requirements.

Who Is Eligible for I-131, Advance Parole Application?

Do you need to travel but you aren’t sure if you qualify for Form I-131, Advance Parole Application? If you fit into one of the following categories, you are eligible to apply. Note that these are the most common categories, but they aren’t the only categories:

• Adjustment of Status applicants: Individuals who have a pending I-485 (Application to Adjust Status) to become a permanent resident (obtain a Green Card) are eligible to apply for Advance Parole.
• Temporary Protected Status (TPS) holders: If you,ve been granted TPS and you need to travel outside of the U.S. for humanitarian, employment, or educational purposes, you may apply for Advance Parole. 
• Deferred Action for Childhood Arrivals (DACA) recipients: Have you been granted DACA? If you have, you can apply for Advance Parole for educational, employment, or humanitarian purposes.
• Asylum seekers: Do you have a pending asylum application? If you’re an asylum seeker or you need to travel outside the U.S. for a humanitarian reason that is in the public interest, you may apply for Advance Parole.
• Individuals with pending applications for T or U nonimmigrant status: Victims of human trafficking (T visa) or certain crimes (U visa) with pending applications may apply for Advance Parole.
• Individuals granted parole: If you’ve been granted parole into the U.S., you also may be able to apply for Advance Parole to travel and return. However, this will depend on your individual circumstances. 

Remember, just because you’re eligible for Advance Parole doesn’t mean you’re guaranteed approval. Your application will be reviewed by a USCIS officer before it’s approved. They’ll consider factors like why you are traveling, your immigration history, and any potential risks that could be associated with your travel outside of the U.S. 

How Long Does it Take for I-131 to Get Approved?

Waiting to hear a decision on an important document like Form I-131 is never easy, but having a timeframe in mind can help you know what to expect and make the wait easier. Here are some general wait times for Advance Parole Applications based on category:

• Advance Parole for individuals with a pending Form I-485 (Application to Adjust Status): 2 to 4 months.
• Advance Parole for Temporary Protected Status (TPS) holders: 3 to 5 months.
• Advance Parole for Deferred Action for Childhood Arrivals (DACA) recipients: 3 to 5 months.
• Advance Parole for individuals with a pending asylum application: 6 to 8 months.

These processing times are estimates and are subject to change. In some cases, the USCIS may take longer to process your application, especially if you are requested to provide additional evidence or if your case requires further review.

How to Get a Status Update

At FileRight, we have helped many people who want to immigrate to the United States to complete and file their applications. We understand how hard it is to wait for such an important milestone. Luckily, you can check your Form I-131 status online through the USCIS website. 

To check your case’s processing time, go to their “Check Case Processing Times” tool and enter your form type and receipt number. Keep in mind that these are estimates and not guarantees, and your case could take less time or more time to process.

Getting Expedited Processing 

Are your travel plans time-sensitive? Do you have an emergency situation and you need to leave the country fast? In these cases, you can request expedited processing of Form I-131. Expedited processing is only granted in limited circumstances and only at the discretion of USCIS. 

Some examples of reasons you may be granted expedited processing for an Advance Parole Application include a situation where you might experience severe financial loss if you don’t travel quickly, or where your travel is in compelling U.S. government interests. 

Is Advance Parole the Same as I-131?

Advance Parole and Form I-131 are closely related but not exactly the same thing. Form I-131, officially titled “Application for Travel Document,” is the form used to apply for Advance Parole, among other travel documents.

In addition to Advance Parole, Form I-131 can be used to apply for other types of travel documents, such as:

• Reentry Permit: For lawful permanent residents (Green Card holders) who wish to travel abroad for an extended period without abandoning their U.S. residence.
• Refugee Travel Document: For refugees and asylees who need to travel outside the U.S.
• Parole or Public Benefit: Parole into the U.S. for humanitarian reasons or significant public benefit.

So, while Advance Parole is one of the main purposes of Form I-131, the form itself is used for various travel-related applications. When someone refers to “I-131,” they are usually talking about the form used to apply for Advance Parole or one of the other travel documents mentioned above.

Can I Travel While Form I-131 Pending?

Traveling outside of the United States while your Form I-131 Application for Travel Document is pending is not a good idea. In fact, if you do, you might not be able to return to the U.S. without getting a new visa. 

Here are some important points to keep in mind:

• You must wait until your Advance Parole document is approved and in your possession before making any international travel plans.
• If you leave the U.S. while your I-131 is pending, the USCIS will consider your application abandoned. This means you will need to reapply for Advance Parole and any other pending applications, such as Form I-485 (Adjustment of Status), may also be denied.
• If you have an urgent need to travel while your I-131 is pending due to an extreme emergency, such as the death or serious illness of an immediate family member, you may contact the USCIS to request expedited processing of your application. However, expedited processing is granted at the discretion of the USCIS and only in limited circumstances.
• While your I-131 is pending, you can generally travel within the United States without affecting your application, as long as you maintain your underlying immigration status.

It is crucial to plan and ensure you have a valid Advance Parole document before making any international travel arrangements.

Can I Be Denied Entry With Advance Parole?

Yes, it is possible to be denied entry into the United States even if you have a valid Advance Parole document. Advance Parole allows you to travel outside the U.S. and return while your adjustment of status application (Green Card application) or certain other applications are pending. However, it does not guarantee admission into the U.S.

When you return to the U.S. with Advance Parole, you will be inspected by a Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will determine whether you are admissible to the United States. You may be denied entry if:

• You have committed a crime or engaged in activities that make you inadmissible.
• You have violated the terms of your Advance Parole or your underlying immigration status.
• The CBP officer determines that you are inadmissible for health, security, or other reasons outlined in the Immigration and Nationality Act (INA).
• Your pending application for adjustment of status or other benefits has been denied while you were abroad.
• There have been significant changes in your circumstances that affect your eligibility for the immigration benefit you are seeking.

Are you ready to fill out Form I-141, Advance Parole Application? Our online guided application process makes completing this important form easier. When you choose our easy-to-use immigration service, you get a lawyer review to make sure you didn’t make any mistakes that will set you back in the process.