Traveling Abroad with Advance Parole or Form I-512T

There are several scenarios in which foreign nationals can apply for temporary travel documents from within the United States directly with the U.S. Citizenship and Immigration Service (USCIS). If approved, the travel document allows the individual to return to the U.S. from brief foreign travel and also permits them to preserve their U.S. immigration status or pending immigration application in the United States during their trip. These temporary travel documents are different from visa stamps, which are obtained from U.S. Embassies and Consulates abroad.

Types of temporary travel documents:

• Advance Parole is available to pending I-485 adjustment of status (i.e. green card) applicants; DACA beneficiaries in limited circumstances; approved U Visa and T Visa beneficiaries, as well as beneficiaries of certain parole programs such as Uniting for Ukraine (U4U) and Parole for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV).
• The TPS Travel Document, issued on Form I-512T, is issued only to approved TPS beneficiaries.
• The Refugee Travel Document is issued to approved refugees and asylees and functions as a passport for entry to other nations abroad, which recognize the validity of the document.

Even with an approved travel document issued, there is some risk in traveling abroad because the document does not guarantee admission or parole back into the United States. Ultimately the U.S. Customs and Border Protection (CBP) will determine whether to permit the individual to enter the U.S. after their inspection process at the port of entry.

Every foreign national considering travel on one of these temporary travel documents should consider the following before you decide to the depart the United States and should consult with their attorney before considering such travel:

3-Year and 10-Year Inadmissibility Bars

Our immigration laws impose certain punishments on people who reside unlawfully in the United States for certain periods of time and then depart. In particular, if someone accumulates more than 180 days of unlawful presence after their 18^th birthday and then departs the United States, they may be “inadmissible” and unable to return to the United States for three years from the date of departure. Similarly, if someone accumulates more than one year of unlawful presence after their 18^th birthday and then departs, they may be inadmissible for ten years. Triggering the 3-year or 10-year bar means the individual cannot file for a green card within that time unless they are approved for a waiver first.

Traveling abroad with an approved advance parole generally does not trigger the 3-year and 10-year inadmissibility bars. Having said that, traveling abroad with approved advance parole can execute a prior removal (deportation) order, if applicable. Thus, individuals who have a prior removal order should speak with their attorney before traveling abroad on an approved advance parole.

Traveling abroad with an approved TPS travel document also does not trigger the 3-year and 10-year inadmissibility bars. Also, USCIS takes the position that traveling abroad with an approved TPS travel document also does not execute a prior removal (deportation) order.

Note: U-visa or T-visa holders may travel on approved advance parole, but should be careful not to spend more than 90 days at a time outside the U.S., or 180 days in the aggregate, during the 3-year period in which they must prove maintenance of U-visa or T-visa status.

Asylum and Travel

Asylum seekers who have a pending Form I-589 Application for Asylum with USCIS are permitted to apply for advance parole, however it is very risky to travel abroad even with an approved advance parole. It is an even higher risk for asylum seekers in immigration court to travel on advance parole. If they miss a hearing or order from the judge their travel could be considered a self-deportation. An asylum seeker who departs the U.S. before receiving approved advance parole will abandon their application in most cases. An asylum seeker should also not return to their country of feared persecution. Even with an approved advance parole, an asylum seeker could be refused entry by U.S. CBP at the port of entry.

Approved asylees and refugees should apply for a Refugee Travel Document (RTD) and should not travel abroad without it. Traveling on the RTD to the country in which persecution was claimed could result in the loss of their status later. The RTD is also necessary for foreign travel as the individual should not travel on a passport issued by their country of feared persecution.

Pending Green Card Application

If an applicant for I-485 adjustment of status (green card application) exits the U.S. before they receive an approved Advance Parole, their green card application will be denied as abandoned. It is essential to wait until the Advance Parole is in hand before traveling abroad.

Exceptions to the rule:

This rule does not apply to approved H-1 or L-1 visa holders or their H-4 and L-2 family members, as long as they have a valid H or L visa and return to the United States to resume employment with the same employer for whom they were previously authorized to work as an H-1 or L-1 nonimmigrant. Note that if the H-1, L-1, H-4 or L-2 visa holder has worked pursuant to the Employment Authorization Document (EAD) granted with the green card application, they cannot rely on the H or L visa for such foreign travel and must wait for an approved AP before departing the United States.

This rule also does not apply to asylees or refugees who travel with a Refugee Travel Document (RTD) while their green card application is pending. They cannot apply for Advance Parole and must obtain the RTD before traveling abroad, even while the green card application is pending. Note that these individuals may trigger the 3-year and 10-year inadmissibility bars, depending on any prior periods of unlawful presence, because the RTD is treated differently than the Advance Parole. Although they will still be permitted to return to the United States pursuant to the valid RTD, the 3-year or 10-year inadmissibility bars may and may require a waiver.

If you are considering travel outside of the United States, our experienced attorneys can answer any questions you may have and provide advice on whether travel on a temporary travel document is safe for you.

Please contact our attorneys to schedule a consultation.