Advance Parole 101
Angelica Rice • August 3, 2023
Click here to read this article in English
O Advance Parole é um documento de viagem que permite que você saia e retorne aos Estados Unidos enquanto espera pelo status legal sem prejudicar sua aplicação de green card. O Advance Parole é relevante se você está solicitando o DACA ou ajustando o status como refugiado, asilado ou outra aplicação elegível.
Para obter um documento de viagem de Advance Parole, você deve apresentar o Formulário I-131, Solicitação de Documento de Viagem. Atualmente, as solicitações I-131 estão levando entre 6 e 12 meses para serem processadas e julgadas.
Você deve ser aprovado para o Advance Parole antes de deixar os Estados Unidos. No entanto, se, após a aprovação, seu documento de permissão não chegar pelo correio antes de sua partida, você pode pedir para alguém enviá-lo ou trazê-lo para você no país estrangeiro. Você deve ter o documento com você para retornar aos Estados Unidos.
As permissões de viagem do Advance Parole são concedidas por até um (1) ano. Elas podem ser concedidas para uma única viagem ou várias viagens. Além disso, um documento de Advance Parole pode ser renovado, desde que a solicitação de renovação seja apresentada pelo menos 120 dias antes do vencimento do Advance Parole emitido anteriormente. Não há um período definido em que alguém possa ou não permanecer fora dos Estados Unidos usando o Advance Parole, no entanto, você não pode usar o Advance Parole após o vencimento.
Os benefícios do Advance Parole são duplos:
- Permite que um estrangeiro retorne aos EUA após viajar para o exterior sem a necessidade de obter um visto para entrar nos EUA;
- Preserva a aplicação de ajuste de status pendente junto a imigração (USCIS).
Você NÃO é elegível para o Advance Parole se:
- Estiver nos Estados Unidos sem um status imigratório válido;
- For um estrangeiro de intercâmbio sujeito ao requisito de residência estrangeira;
- Possuir um documento de reentrada ou documento de viagem de refugiado previamente emitido que ainda esteja válido, a menos que tenha sido devolvido a USCIS ou seja demonstrado que foi perdido; ou
- Estiver em processo de remoção.
O Advance Parole NÃO garante a admissão aos Estados Unidos. Qualquer pessoa que possua um documento de Advance Parole ainda está sujeita ao processo de inspeção no porto de entrada.
Este blog não se destina a fornecer aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de um relacionamento advogado-cliente. Por favor, agende uma consulta com um advogado de imigração antes de agir com base em qualquer informação lida aqui.
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Angelica Rice
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Advance parole is a travel document that permits you to travel outside the United States for temporary travel and return to the United States . Applicants for advance parole need to file Form I-131, Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS) and pay the filing fee. When the application is approved, USCIS issues the applicant a Form I-512L, the advance parole document. The document must be presented to immigration officials to seek admission into the United States after traveling abroad. There are several ways a person can qualify for and obtain advance parole. Applicants for adjustment of status, DACA recipients, and individuals who need to travel for urgent humanitarian reasons are three common types of applicants that can apply for advance parole , however there are more. Applicants for adjustment of status can apply for advance parole when they file their green card application or when the green card application is pending. Adjustment of status applicants must obtain advance parole before traveling outside the United States to avoid an issue with the green card application. Obtaining advance parole through an adjustment of status application does not require an emergency or humanitarian purpose for travel. Note, when you file for advance parole through an adjustment of status application the filing fee for Form I-131 is not required. DACA recipients may also apply for advance parole to travel abroad for humanitarian reasons or for employment or educational purposes only. Humanitarian reasons include medical attention or treatment, visiting a sick relative or for a relative’s funeral services. Educational purposes include studying abroad, academic research and more. Employment purposes include work, training, meetings, interviews, and other specific work assignments. Certain individuals may also apply for advance parole due to an urgent humanitarian reason or to further a significant public benefit. To show that the travel is due to humanitarian, education, or employment reasons, the applicant must provide proof of such to USCIS. As mentioned, these are the three most common ways to obtain advance parole, but they are not the only ways. If you have questions about other ways to obtain advance parole, if you think you qualify for advance parole or have questions about your eligibility, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
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