By: Vianey Hurtado

Immigration Lawyer

Licensed in Arizona since: 2014

I-131 Advance Parole Attorney In Phoenix, AZ

Advance Parole is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows someone with a pending immigration application to travel outside the United States and return without abandoning their application. It essentially protects your green card application or other pending status while you're abroad.

If you need help with your I-131 Advance Parole in Phoenix, AZ, please get in touch with immigration attorney Vianey K. Hurtado. When you work with our law firm, you can confidently go through the process, having Vianey by your side. Vianey focuses primarily on Immigration law and has a personal understanding of the immigration experience as a proud daughter of an immigrant. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

Itzel L.

VIANEY HURTADO is an incredible lawyer. Since the beginning of my services her and her team made sure I felt well take care of. Her and her team was patient, efficient and compassionate with me.

Betty G.

Attorney Vianey K. Hurtado is a very honest, professional and patient immigration attorney who gives you confidence in the course of your case. She helped me a lot and very quickly for my residency.

Juan E.

If my family and I could give 100 stars I would. Vianey and all her staff were helpful from day one. Always treated us with great professionalism. Always honest and hard working. Will definitely be recommending her!!!

Lizbeth S.

My father had a very rough immigration case, Vianey did an amazing job. Thank you so much, very grateful for everything you did. My father is now a permanent resident thanks to you.

Who Can Apply For An I-131 Parole?

1. Individuals with pending immigration applications:

Green card applicants: If you have a pending Form I-485 application for adjustment of status to permanent resident, you can apply for advance parole to allow you to travel outside of the United States temporarily. This means you can travel abroad without jeopardizing your current pending adjustment of status application.

Green Card holders: When you are a lawful permanent resident and need to travel outside of the United States for an extended period, typically exceeding on year, you can apply for an I-131 to allow you to re-enter the U.S. upon your return.

Asylum applicants: Individuals with pending asylum applications can apply for advance parole to travel for compelling reasons. It is not recommended to use the I-131 parole document to travel back to the country that you fear.

DACA recipients: If you are in valid DACA status, you may be eligible to apply for advanced parole for a compelling reason for traveling, such aw for humanitarian, educational, or employment purposes. This includes:
- Visiting a critically ill family member abroad.
- Attending a close relative's funeral.
- Receiving urgent medical treatment unavailable in the U.S.
- Traveling for essential business or educational purposes.

You may be able to request emergency advanced parole, in person at a local USCIS field office by providing relevant information and documentation about your need for travel on an emergency basis.

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2. Individuals already paroled into the U.S.:

If you were previously granted parole into the U.S. for humanitarian reasons or compelling public interest, you may be eligible to apply for an extension of your parole stay using Form I-131.

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3. Certain individuals outside the U.S::

In exceptional cases, individuals outside the U.S. who lack a visa and cannot otherwise obtain one may apply for advance parole based on:

Urgent humanitarian reasons, such as a family member's life-threatening illness or a natural disaster.

Significant public benefit, such as providing critical medical expertise or participating in important cultural exchange programs.

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Important points to remember:

USCIS has broad discretion to grant or deny advance parole applications. Therefore, it's crucial to demonstrate a compelling need for travel and provide strong supporting evidence.

Each category has specific eligibility requirements and acceptable reasons for travel. It's important to carefully review the USCIS guidelines and consult with an immigration attorney for personalized guidance.

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What Are The Benefits of I-131 Parole?

Maintaining your immigration status: The primary benefit of Advance Parole is the ability to travel outside the U.S. without jeopardizing your pending immigration application. Leaving the country without Advance Parole typically results in abandonment of your application, requiring you to start from scratch upon your return or even being denied entry into the United States. This document acts as a bridge, allowing you to maintain your application status while enjoying temporary travel freedom.

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Avoiding visa requirements: For certain categories, Advance Parole serves as a travel document, eliminating the need for a visa in some cases. This can be particularly beneficial for individuals whose home countries experience lengthy visa processing times or require complex documentation. It simplifies the travel process and grants greater flexibility.

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Addressing urgent needs: Advance Parole allows you to address urgent humanitarian situations that may arise during your application processing. This includes:

Visiting critically ill family members abroad.
Attending a close relative's funeral.
Receiving essential medical treatment unavailable in the U.S.
Resolving personal or family emergencies in your home country.

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Promoting personal and professional growth: Depending on your eligibility, Advance Parole can support personal and professional goals. This includes:

Attending important life events like graduations or weddings.
Continuing your education by participating in academic programs abroad.
Traveling for essential business purposes that benefit the U.S. economy.
Connecting with family and friends living in other countries.

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Enhanced peace of mind: Knowing you can address specific needs or opportunities abroad while maintaining your U.S. immigration status can provide valuable peace of mind. This reduces stress and allows you to focus on other aspects of your life during the application process.

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Remember:

Eligibility for specific benefits varies depending on your immigration category and reason for travel.
Strong supporting evidence and a compelling justification are crucial for securing approval.
Consulting with an immigration attorney can help you maximize your chances of obtaining Advance Parole and optimize your travel plans.

What Are The Limitations?

Advance Parole offers considerable benefits, but it's crucial to understand its limitations to assess whether it's the right option for you. Here's a closer look:

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1. Not guaranteed: Remember, USCIS retains full discretion to grant or deny Advance Parole applications. Even with compelling reasons and thorough documentation, a strong application doesn't guarantee approval. USCIS considers various factors, including your immigration history, the urgency of your travel, and potential national security concerns.

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2. Specific purposes only: Advance Parole isn't a blank check for leisure travel. You must have a valid and authorized reason for travel as outlined by USCIS. Vacation, sightseeing, or recreational trips are not acceptable purposes. Examples of allowed reasons include:

Urgent humanitarian reasons: Visiting a critically ill family member, attending a close relative's funeral, receiving essential medical treatment unavailable in the U.S.

Significant public benefit: Providing critical medical expertise abroad, participating in cultural exchange programs, attending essential business meetings benefiting the U.S. economy.

Employment authorization: In specific cases, individuals granted parole under certain programs like Operation Allies Welcome may also be eligible for employment authorization with Advance Parole.

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3. Validity period: Advance Parole documents have a specific expiration date, limiting your travel and re-entry window. You cannot stay outside the U.S. beyond this date and expect automatic re-entry. Returning after the document expires could jeopardize your pending immigration application.

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4. Potential delays and processing times: Processing times for Advance Parole applications can vary significantly, sometimes exceeding six months. This can impact your travel plans and require careful planning. Consult USCIS resources for current estimates and consider potential delays when determining your travel window.

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5. Potential impact on your immigration case: While Advance Parole allows travel without abandoning your application, frequent or extended travel abroad might raise questions about your intent to reside in the U.S. This could potentially impact your final application outcome. Be prepared to explain your travel reasons clearly and demonstrate strong ties to the U.S.

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6. Financial considerations: The application process involves filing fees and potentially additional expenses for supporting documents and consultations. Carefully consider the financial implications before applying.

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7. Advance Parole does not guarantee re-entry: An Advance Parole document does not guarantee entry into the United States, meaning that even if you have an approved I-131 Advance Parole, a Customs and Border Protection (CBP) officer at the port of entry can still deny your re-entry based on their discretion and assessment of your case. This is particularly seen when applicants who travel have a criminal conviction that triggers an inadmissibility ground.

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Remember:

Consulting with an immigration attorney can help you navigate the limitations and maximize your chances of a successful application.
Assess your travel needs and eligibility carefully before deciding to apply.
Be prepared to provide strong evidence and justifications for your travel during the application process.

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Important notes:

Form I-131: You need to file this form for advance parole with supporting documents and fees. Online filing is available for certain categories.
Processing times: Processing times can vary significantly, so plan accordingly. Check USCIS resources for current estimates.
Seek legal advice: Consulting an immigration attorney can be beneficial for complex cases or to ensure a strong application.

Why Clients Choose Vianey Hurtado

Experienced

Knowledgeable

Patient

Sympathetic

Affordable

Professional

Schedule A Thorough Case Evaluation With Our Team!

While I-131 Advance Parole offers invaluable benefits for maintaining your U.S. immigration status during pending applications and addressing urgent needs abroad, it's crucial to approach it with realistic expectations. The discretionary nature of approval, specific travel restrictions, limited validity periods, and potential application complexities require careful consideration. Weighing the benefits against the limitations and consulting with an immigration professional will empower you to make an informed decision and ensure your travel plans align with your overall immigration goals.

We recommend that you consult with an attorney before completing any application or form on your own. Attorney Vianey K. Hurtado offers support for those navigating the challenges of immigration. Her personal connection to immigration adds depth to her professional expertise, making her an ideal choice for those seeking guidance and representation in their immigration journey. Contact us today for a detailed case evaluation. Our firm serves the areas of Phoenix and Yuma.