The U.S. Immigration Service is currently overwhelmed with a large number of applications, leading to long processing times for documents. For those who wish to continue their affairs and have the ability to travel without violating the conditions of the immigration process, there is a special document — Advance Parole. This document allows you to return to the U.S. even if, at the time of departure, you have lost the right to re-enter due to a change of status.

We will examine what Advance Parole is, how to obtain it, which categories of individuals it applies to, and what risks may arise when using it.

Temporary Status of the Uniting for Ukraine (U4U) Program and Its Features

Advance Parole is a re-entry permit to the U.S. issued to individuals in the process of changing their status (for example, after filing the ADJUSTMENT OF STATUS I-485 form for a green card). It allows you to return to the country even if your original visa no longer permits it.

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Family Immigration as a Path to Obtaining a Green Card

  • Individuals who have applied for status adjustment with form I-485.
  • Those who have filed a family reunification petition along with I-485.
  • People in the process of obtaining a work visa (categories EB-1, EB-2, EB-3) and simultaneously applying for status adjustment.

You can request Advance Parole simultaneously with the I-485 petition or at any time after your I-485 petition. If you file everything simultaneously, there is no fee for Advance Parole. However, if you apply at any time after you have filed the I-485 petition, you will need to pay. But it is best to double-check all the details before applying.

Family Immigration for Relatives of U.S. Residents

It is important to remember that until you receive Advance Parole , you cannot leave the U.S. If you leave the country before obtaining this document, your I-485 application may be canceled, and the process will have to start over.

Family Reunification and Challenges with the U4U Program

How to Apply?

You need to fill out form I-131 APPLICATION FOR TRAVEL DOCUMENT to obtain Advance Parole. In this form, you must specify: Why do you want to leave? Where do you want to go? And what is the duration of your trip?

The U.S. Immigration Service processes Advance Parole applications slowly, especially amid a large number of requests. On average, the processing time ranges from 4 to 12 months.

However, there are cases where a green card is approved before Advance Parole, and this can affect your plans. Therefore, it is worth considering possible delays when planning trips.

Employment Immigration as a Way to Obtain a Green Card

Advance Parole is particularly popular among people with TPS (Temporary Protected Status), as well as Ukrainians participating in the Uniting for Ukraine (U4U) program. TPS holders can apply for this document to have the ability to temporarily leave the U.S. and return without losing their status. The average processing time for such applications is about 7 months, which is quite acceptable for many applicants.

If you have had certain violations in the past but have a chance to obtain a green card, it is worth consulting with an attorney who can help you understand the situation.

In some cases, leaving the U.S. with Advance Parole and subsequently returning can help mitigate certain violations, opening the way to apply for a green card. However, such cases are rare, and before traveling, you should definitely seek legal advice.

TPS Program as an Alternative for Ukrainians in the U.S.

Although Advance Parole allows you to return to the U.S., there are certain risks:

  • An officer at the border may send you for an additional interview, especially if you have had visa violations or participated in deportation proceedings.
  • If you have immigration violations, traveling with Advance Parole can be risky, and you may be denied re-entry.
  • In rare cases, Advance Parole can help mitigate certain violations, but be sure to consult with an attorney before traveling.

Risks of Using Advance Parole

Although Advance Parole allows you to return to the U.S., there are certain risks:

1

An officer at the border may send you for an additional interview, especially if you have had visa violations or participated in deportation proceedings.

2

If you have immigration violations, traveling with Advance Parole can be risky, and you may be denied re-entry.

3

In rare cases, Advance Parole can help mitigate certain violations, but be sure to consult with an attorney before traveling.

Emergency Travel Document: Emergency Advance Parole

In exceptional cases, you can obtain Emergency Advance Parole if you need to urgently leave the country when something happens.

The procedure for requesting this document is different. You need to:

  • go directly to the immigration office;
  • provide fingerprints;
  • bring evidence of why you need to leave urgently? Why can’t you wait 7 months?

And after that, you are issued ADVANCE PAROLE on the spot, and you can travel with it.

Validity Period of Advance Parole

The validity period and the possibility of multiple uses depend on the decision of the immigration office. Usually, it is a multiple-entry document that allows you to leave and return to the country several times. Advance Parole is a useful tool for those in the process of changing their status in the U.S. and who want to have the ability to travel without risking the loss of immigration status. However, it is important to carefully monitor the timing and conditions of obtaining it to avoid problems at the border.

Humanitarian parole (Advance Parole) is an important tool for those who seek to remain in the U.S. during the process of changing their status. This is especially relevant for Ukrainians who have gone through the Uniting for Ukraine (U4U) program after the events of February 2022. Ukrainian citizens with Temporary Protected Status (TPS) or participating in the U4U program can apply for humanitarian parole through USCIS, allowing them to stay in the United States and have the ability to travel without losing legal status.

Obtaining humanitarian parole also grants the right to enter the United States and obtain work authorization, which is important for maintaining a stable life in the country. For Ukrainians who have applied for status adjustment or participation in the U4U program, this document ensures continuity of their stay in the U.S., providing the opportunity to temporarily leave the country and return without risking the loss of status.

All applicants must submit their documents to USCIS to ensure their right to enter and exit the United States. This is especially important for those in the process of obtaining a green card or having Temporary Protected Status, which provides additional guarantees and opportunities for Ukrainian citizens amid the current crisis. Given the complex immigration landscape, every Ukrainian applying for humanitarian parole should be aware of all the nuances of the process to ensure their legal status in the United States.

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