Advance Parole Denial: Common Reasons and Legal Remedies

Are you planning a trip outside the United States while your immigration case is pending? If so, you’ve probably heard of something called “Advance Parole.” It’s a travel document that allows certain foreign nationals to leave and re-enter the country while their immigration applications are in process. But what do you do if your Advance Parole application gets denied? In this blog post, we’ll explore some common reasons for Advance Parole denial and discuss the legal remedies available to you.

Understanding Advance Parole

Before we dive into the reasons for denial, let’s take a quick look at what Advance Parole is and why it’s important.

Advance Parole is a travel document issued by the United States Citizenship and Immigration Services (USCIS) that allows certain individuals to leave the country temporarily and return without jeopardizing their pending immigration status. It’s particularly crucial for those with applications for Adjustment of Status (Form I-485) or for beneficiaries of Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS).

Common Reasons for Advance Parole Denial

  1. Incomplete or Incorrect Forms: One of the most common reasons for Advance Parole denial is submitting incomplete or incorrectly filled-out forms. The USCIS is meticulous about paperwork, so make sure you double-check all your forms and provide all the necessary supporting documents.
  2. Insufficient Evidence: USCIS may deny your Advance Parole application if they believe you haven’t provided enough evidence to support your need for travel. This can include documentation related to your immigration case or a compelling reason for the trip.
  3. Criminal Issues: If you have a criminal record or pending criminal charges, it can lead to Advance Parole denial. USCIS may consider you a security risk and deny your application.
  4. Travel Intent: USCIS may question your intent to return to the United States if they suspect that you’re trying to abandon your immigration case or immigrate through means other than the one you’ve applied for.
  5. Previous Violations: If you’ve violated the terms of a previous visa or overstayed your authorized period in the United States, it may lead to Advance Parole denial.

Legal Remedies for Advance Parole Denial

Facing an Advance Parole denial can be distressing, but there are legal remedies available to address the situation. Let’s explore some of these options:

1. Reapplying for Advance Parole:

If your application was denied due to incomplete forms or insufficient evidence, you can reapply and make sure to correct the issues that led to the denial. Ensure all forms are correctly filled out and include all necessary supporting documents this time.

2. Appealing the Denial:

If you believe your application was unjustly denied, you have the right to appeal the decision. Be sure to consult with an immigration attorney to understand the appeal process and your chances of success.

3. Requesting Expedited Processing:

In some urgent cases, such as medical emergencies or family crises, you may request expedited processing of your Advance Parole application. USCIS may grant this if they find your reasons compelling.

4. Seeking a Congressional Inquiry:

Sometimes, reaching out to your local congressional office for assistance can help resolve your Advance Parole issues. They can inquire with USCIS on your behalf and advocate for a fair review of your case.

5. Consult an Immigration Attorney:

It’s highly advisable to seek the guidance of an experienced immigration attorney if your Advance Parole application gets denied. 

Tips for a Successful Advance Parole Application

Now that we’ve discussed the common reasons for denial and potential remedies, here are some tips to increase your chances of a successful Advance Parole application:

1. Plan Ahead:

Start the Advance Parole application process well in advance of your planned travel date. USCIS processing times can vary, so it’s essential to plan ahead.

2. Gather Comprehensive Documentation:

Ensure you provide thorough and accurate documentation to support your travel request. Include copies of your pending immigration application, employment letters, medical records, or any other relevant evidence.

3. Disclose Criminal History:

If you have a criminal history, it’s crucial to be honest and transparent on your application. 

4. Be Clear about Travel Intent:

In your application and supporting documents, make it clear why you need to travel and your intent to return to the United States. Address any concerns USCIS might have about your travel intentions.

5. Seek Legal Advice:

Consulting with an immigration attorney is perhaps the most valuable tip. 

In Conclusion

Facing Advance Parole denial can be a challenging experience, but it’s essential to stay informed about your rights and options. Whether you need to reapply, appeal, request expedited processing, seek congressional assistance, or consult an attorney, there are avenues to explore.