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Advance Parole / Reentry Permit/ Refugee Travel Document

Advance Parole

Advance Parole / Reentry Permit/ Refugee Travel Document

Advance Parole can be granted for a lawful permanent resident (“LPR”) who has applied for duplicate I-551 but who must depart for emergent reasons prior to approval of the application, a person who is authorized for emergent or humanitarian reasons, or a person whose parole prior to departure has been authorized.

If an applicant for lawful permanent residence departs the U.S. without advanced permission to leave, the application will be deemed as “abandoned.” Advance Parole cannot be granted to a person outside of the U.S. Similarly an application to change or extend status (Form I-539) will be denied as “abandoned” if the individual departs the U.S. while the case is still pending.

A Re-entry Permit is generally applied for if the LPR or CR is going to outside of the U.S. for more than one year. Re-entry Permits may be issued to LPRs or Conditional Residents (“CRs”), but they will need to apply for them in the U.S. before departure, and remain in the U.S. until biometrics are taken (otherwise the application will be denied for abandonment). Departure before the decision but after biometrics does not affect the validity and the Re-entry Permit can be picked up at the consulate or overseas Department of Homeland Security office. Re-entry Permits are valid for two years and are not renewable; the LPR or CR must return to the U.S. to obtain a new one. If the LPR is going to remain outside of the U.S. longer than the period of the reentry period, then the LPR may need a Special Immigrant (“Returning Resident”) visa.

A Refugee Travel Document can be given to a person granted refugee status or asylum. A Refugee Travel Document is valid for one year and must be filed while the applicant is in the U.S. The applicant must not depart the U.S. until his or her biometrics are taken. Certain overseas USCIS offices may, in their discretion, accept and adjudicate applications filed for a refugee travel document. An asylees who attempts to re-enter the U.S. using an expired refugee travel document is inadmissible and may not resume his or her status unless he or she applies for entry, is granted parole, or granted refugee status upon a new application at the border.

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