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Can a undocumented immigrant apply for advance parole?

I saw somewhere that a undocumented person can apply for advance parole to get a legal reentry to adjust status to permanent residence. #advice #immigration #government


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Hassan’s Answer

This question is best answered by a lawyer based on specifics of an individual.

My understanding is that one has to be eligible to be legally in the US to get Advance Parole to travel but https://www.cbp.gov/travel/us-citizens/advance-parole reads to me that it would be a BAD idea to travel even if eligible.

https://www.visapro.com/other-visas/advance-parole/ says Advance Parole Eligibility – It Is Suitable For:
Foreign nationals with a pending adjustment of status applications to be able to return to the U.S. after traveling abroad for business or personal reasons
Foreign nationals who have been granted immigration benefits under the Family Unity Program, to be able to return to the U.S. after traveling abroad
Foreign nationals who have applied for Asylum status to be able to return to the U.S. after traveling abroad
Note: It is recommend that asylum applicants do not travel to the country from which they are seeking asylum
Foreign nationals with Temporary Protected Status to be able to return to the U.S. after traveling abroad


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Allyson’s Answer

Hi Oscar - I agree with Hassan in that it is important to get professional legal advice since departing the United States and re-entering can have unintended consequences on your status/ability to be in the United States.

In order to be eligible for Advance Parole, typically a foreign national must be eligible for the Adjustment of Status application for the green card, at which time the Advance Parole is filed to enable international travel.

Again, reiterating Hassan's answer - you should never travel internationally until you have the advice of an attorney.

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