New York Lawyer's Legal Updates

Advance Parole Must be Asked in Advance

Author: Alena Shautsova

Advance Parole is a permission to return to the United States after trip abroad. Advance Parole is issued to a person who cannot obtain a visa or otherwise doesn't qualify to be admitted to the country.

Advance Parole is typically applied for by persons with TPS status, pending applications for adjustment of status, and now the DACA beneficiary.

To request an advance parole a person should file an application on form I-131 and wait got bio-metrics appointment. There is a fee associated with the filing, which currently is $360.

The situation gets complicated when a person who needs an advance parole has already left the country. Generally, the document has to be filed by a person located in the United States. It can be filed on behalf of somebody who is overseas, but the applicant should be located in the US. However, practice shows that in urgent circumstances, where severe hardship may result from person’s inability to come to the United States, a field DHS office may consider the request and help the applicant. It must be noted that in this situation, the parole is more likely to be granted as a Humanitarian parole, which can be applied for by a person in or out of the country. To read more about Humanitarian Parole visit the USCIS page

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

11 October 2012
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