ADVANCE PAROLE (I-131)

[agada 0]

Hi all,

I am reviewing the requirements and details to fill out the I-131 Application for Travel document (Advance Parole), and even if I got the feeling before that it wouldn't be such a big deal to apply for it, the wording is a bit worrying: they specify several times that one should have a really good reason to request this travel document.

Part 7 of the document asks applicants to "explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole."

My situation is the following: I am getting married right at the end of December, so I should send my application for Adjustment of status (I am an international student now) first thing in January, and at the end of May (4 months later), I am planning to have the celebration of my wedding "back home" => therefore need to travel overseas.

My parents are taking care of the organization of the celebration, but it means quite a bit of commitment, and now I'm wondering if that will serve as a good enough reason for the USCIS to grant me advance parole and let me out and back into the US when I wish to return in June??

Any advice / personal experience on the matter would be greatly appreciated!!

Thank you

[Yodrak 7]

agada,

If I were you I would have a consultation with an immigration attorney - one who specializes in family-based immigration as opposed to employment-based immigration - to review the details of your situation. USCIS may issue an advance parole document to you, but you may not want to become a parolee.

Yodrak

Hi all,

I am reviewing the requirements and details to fill out the I-131 Application for Travel document (Advance Parole), and even if I got the feeling before that it wouldn't be such a big deal to apply for it, the wording is a bit worrying: they specify several times that one should have a really good reason to request this travel document.

Part 7 of the document asks applicants to "explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole."

My situation is the following: I am getting married right at the end of December, so I should send my application for Adjustment of status (I am an international student now) first thing in January, and at the end of May (4 months later), I am planning to have the celebration of my wedding "back home" => therefore need to travel overseas.

My parents are taking care of the organization of the celebration, but it means quite a bit of commitment, and now I'm wondering if that will serve as a good enough reason for the USCIS to grant me advance parole and let me out and back into the US when I wish to return in June??

Any advice / personal experience on the matter would be greatly appreciated!!

Thank you

[agada 0]

agada,

If I were you I would have a consultation with an immigration attorney - one who specializes in family-based immigration as opposed to employment-based immigration - to review the details of your situation. USCIS may issue an advance parole document to you, but you may not want to become a parolee.

Yodrak

Thanks so much for your response!

But what do you mean with "you may not want to become a parolee" ? Is that a bad status to be in vs. the US administration? How do people who need to go back to their countries travel otherwise??

[desert_fox 32]

dont think you can apply for an AP unless you have a AOS (I-485) pending. Cant file the I-485 unless you are married. So I would speak to an expert on this.

Parolled means that you are released from custody. You should up at the border without a visa, but they are going to parole you into the US to pursue your AOS. No room to take you into custody, plus there is no reason, so they parole you.

[Yodrak 7]

desert_fox,

Close, but not quite. Parole means a conditional release. A convict on parole is physically released into society with conditions, while legally they are still in prison serving their sentence. Violate the conditions and back to prison they go without needing a trial and other legal 'nicities' that protect the average citizen from being thrown into prison without due process.

Similarly, an alien in the USA on parole is physically released into society with conditions - conditions that an alien who has be granted admission to the USA does not have. Legally, an alien parolee is still back at the border, and if something goes wrong the parolee can be sent back without all of the due process that is available to an alien who has been admitted.

And while the limited due process that an alien parolee does have available is underway, the parolee sits in detention.

Yodrak

.....

Parolled means that you are released from custody. You should up at the border without a visa, but they are going to parole you into the US to pursue your AOS. No room to take you into custody, plus there is no reason, so they parole you.