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 delve into the intricacies of advance parole during removal proceedings, it is essential to grasp the fundamental concept of advance parole itself. In essence, advance parole serves as a crucial travel document that permits specific individuals to re-enter the United States after they have traveled internationally. This document is primarily issued by the United States Citizenship and Immigration Services (USCIS) and is typically granted under particular circumstances, including but not limited to humanitarian reasons, employment opportunities, or educational pursuits. For instance, individuals who need to attend a family emergency or those who have secured a job offer abroad may apply for advance parole to ensure their return to the U.S. without jeopardizing their immigration status. It is important to note that advance parole does not guarantee re-entry, as the final decision rests with the Customs and Border Protection (CBP) officers at the port of entry. Understanding the nuances of advance parole can significantly impact individuals navigating the complexities of immigration law, especially in the context of ongoing removal proceedings.

What Are Removal Proceedings?

Removal proceedings, commonly referred to as deportation proceedings, are formal legal processes initiated by the Department of Homeland Security (DHS) to assess whether an individual should be removed from the United States. These proceedings can arise for a multitude of reasons, including but not limited to overstaying a visa, committing a criminal offense, or violating specific immigration laws. The stakes in these proceedings are incredibly high, as they can lead to the individual being barred from re-entering the U.S. for several years or even permanently.

During removal proceedings, the individual facing deportation has the right to present their case before an immigration judge. This includes the opportunity to provide evidence, call witnesses, and make legal arguments in their favor. It is crucial for individuals involved in such proceedings to understand their rights and the legal options available to them, as the outcome can significantly impact their future and that of their family. Factors such as the individual’s immigration history, family ties in the U.S., and any humanitarian considerations may influence the judge’s decision.

Furthermore, removal proceedings can be complex and lengthy, often involving multiple hearings and the potential for appeals. Individuals may also seek relief from removal through various forms of immigration relief, such as asylum or cancellation of removal, which can provide a pathway to legal residency. Given the complexities of immigration law, it is highly advisable for individuals facing removal proceedings to consult with an experienced immigration attorney who can navigate the legal landscape and advocate on their behalf.

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. Advance parole allows individuals to re-enter the United States after traveling abroad without jeopardizing their pending immigration status. However, it is crucial to understand that the decision to grant advance parole lies solely at the discretion of the U.S. Citizenship and Immigration Services (USCIS). This means that even if you meet the eligibility criteria for advance parole, USCIS retains the authority to deny your application based on various factors.

When considering an application for advance parole during removal proceedings, several important factors come into play. First, the nature of your removal proceedings and the specific grounds for your removal can significantly impact your chances of approval. For instance, if you are facing removal due to criminal convictions or immigration violations, USCIS may view your application with heightened scrutiny.

Additionally, it is essential to provide compelling reasons for your travel outside the United States. Common justifications for requesting advance parole include attending family emergencies, participating in important business meetings, or receiving critical medical treatment. The more substantial and well-documented your reasons, the better your chances of obtaining advance parole.

Moreover, it is advisable to consult with an experienced immigration attorney before submitting your application. An attorney can help you navigate the complexities of immigration law, assess your eligibility, and prepare a robust application that addresses potential concerns USCIS may have. Remember, while applying for advance parole is possible during removal proceedings, the outcome is uncertain, and professional guidance can significantly enhance your prospects.

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”