USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

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USCIS has issued a reminder to certain foreign nationals that they need Advance Parole to travel outside the US. These applicants include people who have:

1. been granted Temporary Protected Status (TPS);

2. a pending application for adjustment of status to lawful permanent resident;

3. a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act

(NACARA 203);

4. a pending asylum application; or

5. a pending application for legalization.

People who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole. Instead, they apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, before leaving the US.

IMPORTANT: some people who entered legally and overstayed their authorized period of admission are subject to bars on re-entering the US if they leave. People who overstayed by 180 days are barred for 3 years, and an overstay of one year leads to a 10-year bar. Traveling on Advance Parole does not prevent the bars applying, so you should NOT travel, even with Advance Parole, if you think you might be subject to one of the bars.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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