Immigration Law

What's the Difference Between Advance Parole and Reentry Permit?

Learn the key differences between Advance Parole and Reentry Permit for US immigrants and lawful permanent residents.

Introduction to Advance Parole and Reentry Permit

Advance Parole and Reentry Permit are two types of travel documents issued by US Citizenship and Immigration Services (USCIS) to allow certain individuals to travel abroad and return to the United States. Advance Parole is a document that allows individuals with pending immigration applications to travel abroad and return to the US without abandoning their applications.

A Reentry Permit, on the other hand, is a travel document that allows lawful permanent residents (green card holders) to travel abroad and return to the US after a temporary absence, typically for a period of two years or less. Both documents serve the same purpose of facilitating travel abroad while maintaining the individual's immigration status in the US.

Eligibility Requirements for Advance Parole and Reentry Permit

To be eligible for Advance Parole, an individual must have a pending immigration application with USCIS, such as an application for adjustment of status or asylum. The individual must also demonstrate that their travel abroad is temporary and that they intend to return to the US.

For a Reentry Permit, the individual must be a lawful permanent resident (green card holder) and demonstrate that their travel abroad is temporary. The individual must also show that they have not abandoned their US residence and that they intend to return to the US within the authorized period.

Application Process for Advance Parole and Reentry Permit

The application process for Advance Parole involves filing Form I-131, Application for Travel Document, with USCIS. The individual must submit supporting documentation, such as a copy of their pending immigration application and proof of their identity and US residence.

For a Reentry Permit, the individual must file Form I-131 with USCIS and submit supporting documentation, such as a copy of their green card and proof of their identity and US residence. The individual may also need to attend a biometrics appointment as part of the application process.

Travel Restrictions and Limitations

Both Advance Parole and Reentry Permit have travel restrictions and limitations. For example, individuals with Advance Parole may not be allowed to travel to certain countries or may be subject to additional screening or questioning by US Customs and Border Protection (CBP) upon their return to the US.

Lawful permanent residents with a Reentry Permit may also be subject to questioning by CBP upon their return to the US, particularly if they have been abroad for an extended period or have traveled to certain countries. It is essential to understand these restrictions and limitations before traveling abroad.

Conclusion and Recommendations

In conclusion, Advance Parole and Reentry Permit are two distinct travel documents that serve different purposes. It is essential to understand the eligibility requirements, application process, and travel restrictions associated with each document to avoid any complications or issues during travel.

Individuals who are unsure about their eligibility or the application process for Advance Parole or Reentry Permit should consult with an experienced immigration attorney to ensure that they receive the most up-to-date and accurate information and guidance.

Frequently Asked Questions

What is the main difference between Advance Parole and Reentry Permit?

The main difference is that Advance Parole is for individuals with pending immigration applications, while Reentry Permit is for lawful permanent residents.

Do I need to apply for Advance Parole if I have a pending green card application?

Yes, if you have a pending green card application and need to travel abroad, you should apply for Advance Parole to avoid abandoning your application.

Can I use a Reentry Permit to travel abroad for more than two years?

No, a Reentry Permit is typically valid for two years or less. If you need to travel abroad for an extended period, you may need to apply for a different type of travel document or consult with an immigration attorney.

What happens if my Advance Parole or Reentry Permit application is denied?

If your application is denied, you may need to reapply or consult with an immigration attorney to determine the best course of action.

Do I need to attend a biometrics appointment for my Reentry Permit application?

Yes, you may need to attend a biometrics appointment as part of the Reentry Permit application process.

Can I travel abroad with an expired Reentry Permit?

No, you should not travel abroad with an expired Reentry Permit. You should apply for a new Reentry Permit before traveling abroad to avoid any complications or issues during travel.