If you are planning to apply for a marriage-based adjustment of status (AOS), you may have already heard that you should apply for Advance Parole if you want to travel outside the United States while your green card application is pending.
So, you found the Form I-131 on the USCIS website and start reading through it.
Then things get a little confusing.
The form mentions some terms that you are not familiar with, such as Initial Parole, Re-parole, Parole in Place, etc., and they show up many times throughout the form. You may even come across something called Humanitarian Parole.
What are all these different types of parole? And more importantly, which one applies to you?
Let’s go through the main differences.
- Advance Parole is for applicants already in the United States, such as marriage-based AOS applicants with a pending Form I-485, who need to travel abroad temporarily.
- Humanitarian Parole generally applies to people outside the United States seeking temporary entry for urgent humanitarian reasons or significant public benefit; approval is discretionary.
- Form I-131 covers multiple parole types, including Initial Parole, Re-parole, and Parole in Place, which are different from Advance Parole for marriage-based green card cases.
Which type of parole applies to you? Advance Parole for marriage-based green cards
For those people, who are applying for a marriage-based green card through AOS, the type of travel permission they are looking for is Advance Parole.
For example, let’s say you are married to a US citizen and are preparing to file Form I-485 to apply for your green card without leaving USA. But you do not want to completely delete the option of visiting your family members overseas while waiting for USCIS to make a decision on your application.
Applying for an Advance Parole Document with Form I-131
In this situation, you need to apply for an Advance Parole Document by filling out and submitting Form I-131, which, if approved, will allow you to travel abroad and request parole back into the US while your I-485 remains pending.
Initial Parole, Re-parole and Parole in Place are not Advance Parole
But Advance Parole is just one of several different types of requests covered by the Form I-131.
If you look through the form, you will also find terms such as Initial Parole, Re-parole, and Parole in Place.
These are not simply different names for the same travel permit you are looking for—Advance Parole.
Initial Parole generally applies to people outside the United States who are requesting parole for the first time, either through a particular parole program or based on their individual circumstances.
Re-parole, on the other hand, usually involves someone, who has already been granted parole and is now requesting a new period of it. However, this should not be confused with renewing an Advance Parole travel document or applying for a new one.
What is Parole in Place?
Parole in Place is different again. It applies to certain individuals who are already physically present in the U.S. and requesting parole without leaving the country.
However, you need to understand that this option is available only under certain circumstances, such as the family members of U.S. military personnel or veterans. Simply being in the US on a non-immigrant visa, like an E-2 or H-1B visa, does not make you eligible for Parole in Place.
Advance Parole vs. Humanitarian Parole: why the confusion?
First, what does “parole” actually mean under US immigration law?
In simple terms, parole allows certain foreign nationals to be physically present in the United States temporarily, without being formally admitted under a visa or another immigration status.
It is generally granted at the government’s discretion.
However, the word “parole” is used in several different immigration situations.
How Advance Parole works for people already in the United States
Advance Parole is commonly used by individuals, who are already in the United States and need permission to temporarily travel abroad and return.
A marriage-based AOS applicant with a pending I-485 is a common example.
Of course, there are other immigration categories that may qualify for Advance Parole as well.
The important point is that Advance Parole is generally connected to a person’s existing immigration circumstances in the United States and their need to travel internationally.
How Humanitarian Parole works for people outside the United States
Humanitarian Parole, on the other hand, is commonly associated with individuals who are outside the United States and requesting temporary permission to enter because of some kinds of urgent humanitarian reasons or significant public benefit.
For example, following Russia’s attach on Ukraine in 2022, the US government allowed many Ukrainians fleeing the war to come to the United States temporarily through a humanitarian parole program called “Uniting for Ukraine.”
However, that was a special program. Please understand that the approval on the Humanitarian Parole is discretionary. Thus, each applicant need to demonstrate strong humanitarian reasons along with the application.
Likewise, the word, “parole” is used in several different situations.
Why Form I-131 makes parole so confusing
Part of the confusion comes from Form I-131 itself. The form covers several different types of parole requests, and USCIS sometimes uses the term “Advance Parole Document” even when referring to certain humanitarian parole requests involving people outside the United States.
Not exactly helpful for a layperson, but that’s where immigration attorneys like us can help.
Is Advance Parole the right travel document for your green card case?
If you are applying for a marriage-based green card through AOS, please remember that Advance Parole is the travel document you need. Other types of parole serve different purposes.
Still unsure which type of parole applies to you?
If you are still confused about which type of parole applies to your situation, it may be a good idea to consult an immigration attorney before filing your application.
