Advance Parole — Leaving the USA During the Green Card Process (Form I-131)

If you have submitted Form I-485 (Adjustment of Status) and your Green Card case is in progress, YOU CANNOT leave the USA without a special document. Leaving without it = "abandonment of application" — your I-485 case will be closed!

Advance Parole (AP) is a document that allows you to leave and return without losing your case. It is submitted through Form I-131.

Who Needs Advance Parole

• I-485 pending — the most common case
• DACA recipients — want to travel
• TPS holders (Temporary Protected Status)
• U-visa beneficiaries
• VAWA self-petitioners
• Asylum seekers with pending I-589 (refugee travel document, not AP, but a similar process)

Who Does NOT Need Advance Parole

• H-1B / L-1 / O-1 holders — already have a visa stamp, can travel based on that (but be careful with visa stamping renewal)
• F-1 students — have a visa stamp + I-20 with DSO signature
• Permanent Residents (Green Card) — have a Green Card as a travel document
• U.S. Citizens — U.S. passport

Form I-131 — Advance Parole Application

Costs (2026)

• With pending I-485 (concurrent): $0 — the I-485 fee ($1,440) covers I-131!
• Separately (after I-485): $630
• With biometrics (rarely required): +$0 (USCIS may reuse)

NOTE: In 2024, USCIS merged fees — if you submitted I-485 after April 2024, I-131 is FREE in the package. Check if you marked "I-131" in the I-485 application package!

Waiting Times

• Concurrent (with I-485): 3-8 months
• Separately: 4-12 months
• Emergency AP: 1-7 days (see below)

How to Submit Form I-131

Online (recommended)

1. Log in to my.uscis.gov
2. Select Form I-131
3. Fill out the sections: Part 1 (Information), Part 2 (Application type), Part 3 (Travel details), Part 4 (Signature)
4. Select "Advance Parole Document" as the type
5. Upload documents: passport, I-485 receipt, proof of identity, any evidence of travel necessity
6. Pay (or confirm $0 if concurrent with I-485)
7. Submit

Paper (if necessary)

Download the form, fill it out, send it to the USCIS address (varies depending on the filing location). Check uscis.gov/i-131.

Required Documents

1. Form I-131 — fill out accurately
2. Copy of passport — photo page + validity at least 6 months into the future
3. I-485 receipt notice (Form I-797) — proof of pending case
4. Photo 2x2 inches — typically 2 pieces, passport-style
5. Proof of travel reason (optional but helpful):
   • Death certificate of a parent (if funeral)
   • Medical letter (if illness)
   • Wedding invitation
   • Letter from work about business travel
6. Application fee — $0 or $630

Emergency Advance Parole (EAP)

Urgent situation (family illness, death, etc.)?

How to Obtain

1. Call the USCIS Contact Center: 1-800-375-5283. Say "emergency travel document"
2. Or schedule an appointment at a local field office via InfoPass
3. Come with documents:
   • Completed I-131
   • I-485 receipt
   • Passport
   • PROOF of urgency — most important (death certificate, hospital letter, etc.)
   • Flight ticket (proof of need to travel)
   • $630 (or fee waiver)
4. You will receive a stamp in your passport valid for 30 days or until the specified date

Accepted "Emergencies"

• Death/funeral in the immediate family
• Serious illness of a family member
• Business emergency requiring travel
• Court order in another country
• Emergency situations (natural disaster)

NOT Accepted

• Vacation
• Wedding of a relative (distant)
• "Missing family"
• Casual visits

Traveling with Advance Parole

What You Have

You will receive an Advance Parole card (looks like an EAD card) or a passport stamp in case of emergency.

Leaving the USA

• Show AP card + passport at airline check-in
• Show to TSA
• CBP does not check departure (only entry)

Returning to the USA — CRITICAL

• On the plane, fill out the Customs Declaration form
• In the immigration line, go to "Visitors / Returning Travelers"
• Show passport + AP card + I-485 receipt
• CBP officer will question you (briefly):
  • "Where did you travel?"
  • "Why?"
  • "How long?"
• Stamp in passport / I-94 update online
• You will be admitted

NOTE: CBP may deny entry (rare, but it happens if they see something suspicious). AP DOES NOT GUARANTEE automatic entry.

When AP is Insufficient

No Valid U.S. Visa

If you entered the USA on a visa that has since expired, AP is sufficient for return — but:

• You may have trouble with transit countries (e.g., changing planes in Frankfurt requires a Schengen visa)
• Check the transit requirements of each country you are flying through

Visa Stamp Expired

AP is NOT a substitute for a visa stamp. If you plan to return and then leave again — you may need to apply for a new visa at the Polish consulate in the USA.

3/10 Year Bar

IMPORTANT: if you have been unlawfully present in the USA before I-485 → leaving with AP may trigger a 3 or 10-year bar on re-entry! Consult with an attorney before leaving.

How Long AP is Valid

• Standard AP: 12 months (sometimes 24)
• Emergency AP: 30 days
• Multiple entries — you can leave/return multiple times during this period

When AP Expires During Travel

If you plan a long trip and AP expires abroad — DO NOT RETURN without a valid document. Apply for an extension from abroad (rare, complicated). Better: return before AP expires.

What If I Leave Without AP

Your I-485 case will be CLOSED as "abandoned":

• You lose the fee ($1,440+)
• You lose your place in line
• You must start over
• You may even have difficulty returning (your status in the USA was pending)

The only case when you do NOT need AP: if you have an active H-1B / L-1 / O-1 / E visa and are returning in that category. Then the I-485 case remains pending — you can travel on the work visa.

EAD (Work Permit) vs AP — Difference

• EAD — Employment Authorization Document. Allows you to work in the USA.
• AP — Advance Parole. Allows you to travel.
• In I-485, you can apply for both simultaneously (concurrent filing) — FREE.
• Since 2021, USCIS often issues a combo card with EAD + AP in one physical piece of plastic — "Combo Card" (form I-766 with the marker "Serves as I-512").

Common Mistakes

1. Leaving without AP — I-485 case closed!
2. Not updating address (AR-11) — AP card returns to USCIS
3. AP expires during travel — stuck abroad
4. 3/10 year bar trigger — leaving after unlawful presence
5. Submitting I-131 without I-485 and paying $630 instead of $0
6. No passport with 6-month validity upon entry
7. Unexpected CBP checks — remember that AP does not guarantee entry

Official Links

• USCIS — Form I-131
• USCIS — Advance Parole
• my.uscis.gov — Online filing
• USCIS — Office Locator (Emergency AP)
• CBP — Customs and Border Protection

Related: [[how-long-is-the-wait-for-a-work-permit-ead-in-the-usa]] · [[marriage-green-card-cr1-ir1-step-by-step]] · [[how-uscis-works-guide-for-immigrants]]