For an immigrant in the United States, knowing your options when you need to leave the country and return without affecting your immigration process is essential. Two of the most common options are Advance Parole and the Re-entry Permit, which serve different purposes but are often confused.
This article explains the main differences between these two documents, when you might need to apply for them, and the potential consequences for your immigration status if you leave the country without them.
What Is Advance Parole and Who Can Apply?
Advance Parole, also known as the Advance Travel Document, allows certain individuals to leave and return to the US without affecting their pending application for permanent residency.
This document is commonly requested by immigrants undergoing Adjustment of Status, meaning they are waiting for their Green Card to be approved.
Key Features of Advance Parole:
- It is a sheet of paper that includes the applicant’s photo.
- It is typically valid for one year.
- It functions similarly to a visa, enabling the applicant to return to the US and continue their immigration process.
What Is a Re-entry Permit and Who Can Apply?
A Re-entry Permit is a document available exclusively to individuals who already hold permanent residency (or conditional residency) and possess a Green Card.
This permit is required when a resident plans to remain outside the US for more than one year. Without it, authorities may assume you have abandoned your intention to reside in the US, which could lead to the loss of your residency.
Key Features of the Re-entry Permit:
- Physical document resembling a passport: The Re-entry Permit looks like a small passport-style booklet, making it easy to use when traveling abroad.
- Two-year validity: It is typically valid for up to two years, allowing you to remain outside the US during that time without jeopardizing your residency.
- Confirms intent to return to the US: Its primary function is to demonstrate that, despite an extended absence, you intend to return and maintain your status as a permanent resident.
This document is essential for protecting your immigration status if you plan to be outside the US for more than a year. Ensure you obtain it before traveling to avoid issues with the authorities upon your return.
Key Differences Between Advance Parole and Re-entry Permit
Although both documents allow you to return to the US, their uses and conditions differ. Here’s a summary of the key differences:
Advance Parole
- Who can apply: Individuals in the Adjustment of Status process.
- Appearance: A paper document with the applicant’s photo.
- Validity: Typically valid for one year.
- Purpose: Allows you to leave and return to the US without abandoning your Green Card process.
Re-entry Permit
- Who can apply: Permanent or conditional residents with a Green Card.
- Appearance: A physical document resembling a passport.
- Validity: Typically valid for two years.
- Purpose: Protects the status of permanent residents who plan to be outside the US for extended periods.
What Happens If You Leave Without These Documents?
Leaving the US without the appropriate document can have serious consequences for your immigration status:
- Without Advance Parole:
If you are waiting for your Green Card and leave the country without Advance Parole, US Citizenship and Immigration Services (USCIS) may consider that you abandoned your residency application. This could result in the cancellation or denial of your application. - Without a Re-entry Permit:
If you are a permanent resident and stay outside the US for more than one year without a Re-entry Permit, USCIS may assume that you no longer intend to reside in the country. This could result in the loss of your permanent resident status.
In both cases, it’s crucial to plan any international travel in advance and ensure you have the necessary documents before leaving the US.
Tips to Protect Your Immigration Status
If you need to travel outside the US and think you may require a permit, keep these essential tips in mind:
- Consult with an attorney: Speak to an immigration specialist who can guide you on which document you need based on your circumstances.
- Apply early: It can take several weeks to obtain Advance Parole or a Re-entry Permit, so plan ahead to avoid complications.
- Keep your documents updated: Ensure your Green Card and other important documents are valid before traveling.
Final Thoughts
Advance Parole and the Re-entry Permit are critical for protecting your immigration status. If you are in the Adjustment of Status process, Advance Parole will allow you to leave and return without jeopardizing your residency application. If you are a permanent resident, the Re-entry Permit ensures that authorities acknowledge your intent to continue living in the US, even if you need to be away for an extended period.
Planning your travel, obtaining the necessary documentation, and seeking legal advice are essential steps to avoid immigration problems and protect your status. Consult with an attorney if you have questions and make informed decisions to ensure peace of mind.