Are you planning to request advance parole but hesitant because you have a criminal record?
In this article, we will give an overview of the advance parole system and answer the question of whether you can apply for Advance Parole even if you have a criminal record.
People request advance parole to avoid having their USCIS applications terminated or abandoned when they plan to leave the country for a short period.
What is Advance Parole?
Advance Parole is a travel document that permits you to leave the country while your application is being processed (or in some cases even approved) and to return without officially terminating your application.
Take note! It is unusual but is possible to apply for Advance Parole from outside the United States, you will have to go through your local U.S. consulate and there would be more requirements. But in these cases, you are asking to enter the US before a visa was given to you.
Who can Apply for Advance Parole?
The USCIS will provide advance parole on a case-by-case basis. You need to prove you deserve advance parole because of humanitarian, educational, work, or significant public benefit.
If you are in the United States and at least one of the following conditions apply to you, you may petition for advance parole:
- You are filing for an adjustment of status, Form I-485.
- You have Temporary Protected Status (TPS), and a U or T nonimmigrant visa.
- Parole grantee under INA section 212(d)(5)
- If you are receiving IMMACT 90 or LIFE Act Family Unity Program benefits.
- DACA recipients whose purpose of travel is either of the following:
- Educational purposes. Examples include a semester abroad programs or academic research.
- Employment purposes. Examples include overseas job assignments, interviews, conferences, training, or meetings with clients.
- Humanitarian purposes. Examples include seeking medical treatment, attending a family member’s funeral services, or visiting unwell relatives.
If you are outside the United States and at least one of the following conditions apply to you, you may petition for advance parole:
- You are unable to obtain the necessary visa as well as any applicable waiver of inadmissibility or consent to reapply for admission.
- If you are qualified for the following USCIS Family Reunification Parole policies:
- Cuban Family Reunification Parole (CFRP) Program
- Haitian Family Reunification Parole (HFRP) Program
- Filipino WWII Veterans Parole (FWVP) Program
Can I Still Apply for Advance Parole even if I have a Criminal Record?
YES!
However, it will depend on whether your criminal record makes you “inadmissible” to the United States. If you are inadmissible USCIS will revoke any previously issued advance parole. Don’t despair because there are waivers available for some of these situations.
This is really important. Don’t leave the US if you have any pending or recent criminal convictions. Speak to a qualified immigration attorney first. You don’t want to be denied entry when you try to return to the US. Don’t take a chance. Verify first. If you don’t know who to call you can book an appointment with my team at Andres Mejer Law.
Step by Step Process of Applying for an Advance Parole Document
Step 1: Get a copy of Form I-131, Application for Travel Document
The first thing you should do is download Form I-131 from the USCIS website. Once you have it, you must complete and accurately answer all of the questions on the form.
Take note! If a question does not apply to you or the answer is none, put “N/A” instead.
If you need more space to complete any item/question, attach a separate sheet with your name, Alien Registration Number (if applicable) at the top of each piece of paper, the date, and your signature. You also need to specify the questions you are answering.
Remember: The USCIS will only accept a wet signature or a copy of your signature. Nothing else will be accepted.
Step 2: Gather all necessary documents
Once you’ve completed Form l-131, it’s time to get your docs!
Remember that unless expressly told, only provide a photocopy of your documents. Don’t send original documents to USCIS. They might lose them.
In addition, all documents in a foreign language must have a full English translation. The translation must be accompanied by a certification from the translator stating that the translated text is accurate and complete and that the translator is competent to translate from that language to English.
If you are currently in the United States and requesting for advance parole, you must supply the following documents:
- Official photo identity document showing your photo, name, and date of birth
- Two copies of passport-style photographs of yourself that were taken within 30 days of filing this application.
- Any document indicating your current status in the United States.
- An explanation or evidence showing why you need advance parole, for example, for educational, employment, or humanitarian purposes.
- The receipt or approval of applications allowing you to file for advance parole.
If you are currently outside the United States and seeking advance parole, you must provide the following:
- A photo identity document for the beneficiary/petitioner/sponsor.
- The beneficiary’s passport identity page that shows your photo, name, and date of birth.
- A letter that describes the urgent humanitarian or significant public benefit reason. It must include necessary documents for expedited handling and the beneficiary’s parole duration.
- A completed Form I-134 together with the required paperwork as outlined in the form instructions.
- A statement explaining why you have been unable to get a visa to the U.S.
- Any documents showing the decision of immigrant/nonimmigrant applications or petitions, if applicable.
Step 3: Mail your Form to the Appropriate Filing Address
Once you’ve completed the form and its accompanying documentation, mail your application to the proper filing address. Visit the USCIS website to find out where to send your application.
Apply for Advance Parole with a Competent Immigrant Attorney
If you’re looking for competent legal assistance to guide and defend your case, leave a comment below or call us now at Andres Mejer Law. Together, we can thoroughly review your case and explore the best course of action for you.
