Travel on AP (Advance Parole)

Memorial Day weekend marks the unofficial start of summer, and with that comes lots of travel to see family and friends! Do you plan to travel and re-enter the US on AP?

Travel in the Covid age can always be challenging, but if you are a foreign national living and/or working in the US, you have an added layer of complexity - making sure you have the proper documentation to re-enter the US. Here are five tips for traveling on advance parole:

  • Make sure your advance parole document is valid! Remember that if you are going to use your AP to re-enter the US, it must be valid when you re-enter. Remember that USCIS is now separating the approval of the EAD and the AP. Just because your EAD is approved doesn't mean your AP is approved.
  • Make sure you have the documents needed to apply to re-enter on Advance Parole. This generally includes a valid passport, the valid AP document (either the combo card or the AP approval) and your I-485 receipt notice. If your I-485 is based on employment, you may also want to bring updated pay stubs and/or a letter of employment from your employer. If your I-485 is based on marriage, you may also want to bring your marriage certificate and a photocopy.
  • Have a plan for receiving notices regarding your immigration case while you are away. Notify your immigration lawyer that you are traveling, and consider having a trusted family member or friend check your mail while you are gone.
  • Talk to your immigration lawyer about plan for when you return to the US. Will you work using your EAD? If so, make sure that you have a plan to keep it updated. Will you file an H-1B extension after you travel on AP? That may be possible, but talk to your immigration lawyer to come up with a plan.
  • Do you have an AP extension application pending with USCIS? Know that it's possible that USCIS will deny the AP renewal application if you travel while the renewal application is pending with USCIS.

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action. If you need help navigating the immigration process with confidence, please contact us today to get the process underway! We are immigration lawyers in Richmond, VA but we serve clients throughout the US and around the world. You can call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We look forward to hearing from you!