The Ins and Outs of Advance Parole While in Removal Proceedings

As a content writer, it is important to be proficient in SEO writing, which means creating content that is optimized for search engines while also being engaging and informative for readers. In this article, we will delve into the topic of advance parole while in removal proceedings, providing a step-by-step guide on what it is, how it works, and what you need to know if you find yourself in this situation.

Understanding Advance Parole

Before we dive into the specifics of advance parole while in removal proceedings, it is important to have a clear understanding of what advance parole is. In simple terms, advance parole is a travel document that allows certain individuals to re-enter the United States after traveling abroad. This document is typically issued by the United States Citizenship and Immigration Services (USCIS) and is granted for specific reasons, such as humanitarian purposes or for employment or educational opportunities.

What Are Removal Proceedings?

Removal proceedings, also known as deportation proceedings, are legal proceedings initiated by the Department of Homeland Security (DHS) to determine whether an individual should be removed from the United States. These proceedings can be initiated for various reasons, such as overstaying a visa, committing a crime, or violating immigration laws.

Can You Apply for Advance Parole While in Removal Proceedings?

The short answer is yes, you can apply for advance parole while in removal proceedings. However, it is important to note that the decision to grant advance parole is at the discretion of USCIS. This means that even if you are eligible for advance parole, USCIS may still deny your application.

Steps to Apply for Advance Parole While in Removal Proceedings

If you find yourself in removal proceedings and wish to apply for advance parole, here are the steps you need to follow:

Step 1: Determine Your Eligibility

Before applying for advance parole, it is crucial to determine if you are eligible for it. Generally, individuals who are in removal proceedings are not eligible for advance parole. However, there are some exceptions to this rule, such as:

• If you are a DACA recipient and have a pending application for advance parole
• If you have a pending application for adjustment of status
• If you are a TPS beneficiary
• If you are a U visa or VAWA applicant

It is important to consult with an immigration lawyer to determine your eligibility for advance parole while in removal proceedings.

Step 2: File Form I-131

To apply for advance parole, you will need to file Form I-131, Application for Travel Document. This form can be filed online or by mail, and you will need to pay the required filing fee. Along with the form, you will also need to submit supporting documents, such as a copy of your removal proceedings notice and evidence of your eligibility for advance parole.

Step 3: Attend Your Biometrics Appointment

After filing your Form I-131, you will receive a notice for a biometrics appointment. This appointment is to collect your fingerprints, photograph, and signature for background checks. It is important to attend this appointment as failure to do so may result in your application being denied.

Step 4: Wait for a Decision

After attending your biometrics appointment, you will need to wait for a decision from USCIS. The processing time for advance parole applications can vary, so it is important to be patient. If your application is approved, you will receive an advance parole document that will allow you to travel outside of the United States and re-enter upon your return.

Things to Keep in Mind

While it is possible to apply for advance parole while in removal proceedings, there are some important things to keep in mind:

• USCIS has the discretion to deny your application, even if you are eligible for advance parole.
• If you leave the United States without an approved advance parole document, you may be deemed to have abandoned your removal proceedings and could be subject to a removal order.
• If your removal proceedings are terminated, you may no longer be eligible for advance parole.

It is important to consult with an immigration lawyer before applying for advance parole while in removal proceedings to understand the potential risks and consequences.

Conclusion

In conclusion, advance parole while in removal proceedings is a complex and delicate matter. It is important to understand the process and consult with an immigration lawyer to determine your eligibility and the potential risks involved. While it is possible to apply for advance parole while in removal proceedings, it is not a guaranteed outcome.

FAQs

Q: Can I apply for advance parole if I am in removal proceedings for overstaying my visa? A: Generally, individuals in removal proceedings for overstaying their visa are not eligible for advance parole. However, there may be exceptions based on individual circumstances. Q: How long does it take to get a decision on an advance parole application? A: The processing time for advance parole applications can vary, but it typically takes several months. Q: Can I travel outside of the United States while in removal proceedings without advance parole? A: It is not recommended to travel outside of the United States while in removal proceedings without an approved advance parole document. Doing so may result in a deemed abandonment of your proceedings and a possible removal order.

You might also be interested in reading this article: “Family Reunification: Parole Process for Non-Citizen Spouses and Stepchildren”