(U.S.)
Recent updates and ongoing questions about Advance Parole and Emergency Advance Parole have left many immigrants and their families wondering how these travel permissions interact—especially when someone has a pending regular Advance Parole application but needs to travel urgently using Emergency Advance Parole. This update explains the current situation, practical implications, and what applicants should do to protect their immigration status and travel rights. The information here is based on the latest available guidance as of August 5, 2025, and reflects the most up-to-date understanding of U.S. Citizenship and Immigration Services (USCIS) procedures.
Summary of the Changes
As of August 5, 2025, there is still no official USCIS or Department of Homeland Security (DHS) policy that directly addresses what happens to a pending regular Advance Parole application if the applicant travels abroad using Emergency Advance Parole. However, based on current USCIS practices and immigration law, several important points have become clear:
- Traveling on Emergency Advance Parole does not automatically cancel a pending regular Advance Parole application.
- USCIS may consider the regular application abandoned if the applicant is not present for required steps like biometrics or fails to respond to requests for evidence.
- Applicants should notify USCIS of their travel and consult an immigration attorney to avoid problems.
- No new rules or policy changes have been announced in 2025 that change this situation.
Let’s break down what this means for applicants, how the two types of Advance Parole differ, and what steps you should take if you find yourself in this situation.
Understanding Advance Parole and Emergency Advance Parole
Advance Parole and Emergency Advance Parole are both travel documents that allow certain noncitizens in the United States 🇺🇸 to leave the country and return without losing their immigration status or pending benefits. Both use the same application form, Form I-131. However, they serve different purposes and have different requirements.
Regular Advance Parole
- Who can apply: Noncitizens physically present in the United States 🇺🇸 who are waiting for certain immigration benefits, such as adjustment of status (green card applicants), DACA recipients, or those with other pending applications.
- Purpose: Allows travel abroad and re-entry to the United States 🇺🇸 without losing eligibility for the underlying immigration benefit.
- How to apply: File Form I-131 with USCIS, provide supporting documents, and wait for approval.
- Processing time: In 2025, the average processing time is about 6.1 to 6.4 months, depending on the service center.
- Key point: Leaving the United States 🇺🇸 without an approved Advance Parole document can result in the abandonment of certain immigration applications, such as adjustment of status.
Emergency Advance Parole
- Who can apply: Noncitizens physically present in the United States 🇺🇸 who have an urgent need to travel due to a serious emergency, such as a family member’s illness or death, urgent business, or other humanitarian reasons.
- Purpose: Provides expedited travel authorization for urgent situations.
- How to apply: File Form I-131 and request an emergency appointment at a local USCIS office, providing evidence of the emergency.
- Processing time: Can be approved within days or weeks, depending on the urgency and documentation provided.
- Key point: Emergency Advance Parole is not for routine travel; it is only for serious, time-sensitive needs.
Who Cannot Apply
- People outside the United States 🇺🇸 cannot apply for Advance Parole or Emergency Advance Parole.
- People in removal (deportation) proceedings generally cannot apply.
What Happens If You Travel on Emergency Advance Parole While Regular Advance Parole Is Pending?
This is the main question for many applicants. The answer is not always simple, but here’s what is known based on current USCIS procedures and immigration law:
Separate Applications, Same Form
- Both regular and Emergency Advance Parole use Form I-131.
- They are considered separate requests, even if filed close together or for similar reasons.
No Automatic Cancellation
- Traveling abroad on Emergency Advance Parole does not automatically cancel or deny your pending regular Advance Parole application.
- The two applications are processed separately by USCIS.
Possible Abandonment of Regular Application
- If you leave the United States 🇺🇸 while your regular Advance Parole application is pending, USCIS may consider that application abandoned if:
- Your physical presence is needed for a required step (such as a biometrics appointment or interview), and you miss it.
- You fail to respond to a Request for Evidence (RFE) related to your regular Advance Parole application.
- This is consistent with USCIS’s general rule that some applications may be considered abandoned if the applicant leaves the country without prior approval or does not complete required steps.
USCIS Discretion and Case-by-Case Decisions
- In practice, USCIS sometimes treats departure on Emergency Advance Parole as a sign that the applicant no longer needs the regular Advance Parole document.
- However, this is not an automatic rule. Each case may be handled differently, depending on the facts and the actions of the applicant.
What Should Applicants Do?
- Notify USCIS: If you travel on Emergency Advance Parole while your regular Advance Parole application is pending, let USCIS know about your travel and your current status. This helps avoid confusion and possible abandonment of your application.
- Consult an Immigration Attorney: Before traveling, especially if your regular Advance Parole is still pending, talk to a qualified immigration lawyer. They can help you understand the risks and make sure you follow all USCIS requirements.
- Respond to All USCIS Requests: If you receive a notice for biometrics, an interview, or a Request for Evidence while you are abroad, respond as soon as possible. If you cannot attend a required appointment, contact USCIS to explain your situation and ask for rescheduling.
Practical Examples and Scenarios
To help make these rules clearer, here are some common situations and what they might mean for applicants:
Example 1: Maria’s Medical Emergency
Maria is waiting for her green card and has a regular Advance Parole application pending. Suddenly, her mother in another country becomes very ill. Maria applies for Emergency Advance Parole, gets approval within a week, and travels abroad.
- What happens to her regular Advance Parole application?
- It is not automatically canceled. However, if Maria misses a biometrics appointment or does not respond to a USCIS request while she is away, her regular application could be considered abandoned.
- Maria should notify USCIS of her travel and try to reschedule any missed appointments.
Example 2: Ahmed’s Missed Appointment
Ahmed has a pending regular Advance Parole application. He receives Emergency Advance Parole for urgent business travel and leaves the United States 🇺🇸. While abroad, he misses a scheduled biometrics appointment.
- What happens next?
- USCIS may consider his regular Advance Parole application abandoned because he was not present for the required appointment.
- Ahmed may need to file a new Form I-131 if he still needs regular Advance Parole in the future.
Example 3: Priya’s Return and Notification
Priya has a pending regular Advance Parole application. She travels on Emergency Advance Parole due to a family emergency but returns to the United States 🇺🇸 before any scheduled appointments. She notifies USCIS of her travel and is present for all required steps.
- What is the likely outcome?
- Her regular Advance Parole application may continue to be processed, as she did not miss any required steps and kept USCIS informed.
USCIS Processing and Policy Context (2024-2025)
Processing Times
- In 2025, USCIS processing times for Form I-131 (Advance Parole) have improved slightly, now averaging 6.1 to 6.4 months.
- Emergency Advance Parole requests are still processed much faster, often within days or weeks, depending on the urgency.
No Recent Policy Changes
- There have been no new policy changes in 2025 that directly address what happens to a pending regular Advance Parole application if Emergency Advance Parole is used.
- USCIS continues to review all parole requests carefully, including security checks and vetting for both regular and emergency cases.
Resumption of Normal Processing
- In mid-2025, an administrative pause on certain parole-related immigration benefits was lifted, and normal processing resumed for parolees under special programs.
Background and Historical Development
Advance Parole: A Key Tool for Immigrants
Advance Parole has long been an important travel document for immigrants in the United States 🇺🇸 who are waiting for green cards or other benefits. Without Advance Parole, leaving the country can mean losing eligibility for adjustment of status or other immigration benefits.
Emergency Advance Parole: Meeting Urgent Needs
Emergency Advance Parole is a more recent option, created to help people who face sudden emergencies and cannot wait for regular processing. It is only granted for serious humanitarian reasons or significant public benefit.
USCIS Approach to Multiple Applications
Historically, USCIS has been careful with cases where someone has more than one travel document application pending. The agency often asks applicants to explain their travel plans and intentions, especially if they apply for both regular and Emergency Advance Parole.
Future Outlook and Recommendations
No Announced Changes
- As of mid-2025, there are no announced changes or proposed regulations that would change how USCIS treats pending regular Advance Parole applications when Emergency Advance Parole is used.
- Immigration experts recommend that applicants and attorneys monitor USCIS announcements and court decisions for any updates.
Best Practices for Applicants
- Keep USCIS Informed: Always notify USCIS of your travel plans and any changes in your situation.
- Stay Available for Appointments: Try to schedule travel so you do not miss required appointments or deadlines.
- Consult Legal Help: Immigration law can be complex. A qualified attorney can help you avoid mistakes that could harm your case.
- Be Prepared to Reapply: If your regular Advance Parole application is considered abandoned or denied, you may need to file a new Form I-131 if you need travel authorization again.
Key Takeaways and Action Steps
- Traveling on Emergency Advance Parole does not automatically cancel your pending regular Advance Parole application.
- USCIS may consider your regular application abandoned if you miss required steps while abroad.
- Notify USCIS of your travel and respond quickly to any requests or appointments.
- Consult an immigration attorney before traveling if you have a pending application.
- No new rules in 2025 have changed this situation, but stay alert for updates.
Frequently Asked Questions (FAQs)
1. Can I apply for both regular and Emergency Advance Parole at the same time?
Yes, you can apply for both, but you must have a valid reason for each. Emergency Advance Parole is only for urgent, serious needs. Both use Form I-131.
2. What if I am outside the United States 🇺🇸? Can I apply for Advance Parole or Emergency Advance Parole?
No. You must be physically present in the United States 🇺🇸 to apply for either type of Advance Parole.
3. What happens if my regular Advance Parole application is considered abandoned?
You may need to file a new Form I-131 if you still need travel authorization. Missing required steps or failing to respond to USCIS can lead to abandonment.
4. How do I notify USCIS of my travel?
You can contact the USCIS Contact Center or send a letter to the office handling your case. Include your receipt number, name, and details of your travel.
5. Where can I find more information about Advance Parole and Emergency Advance Parole?
Visit the official USCIS Humanitarian Parole page for more details.
Official Resources and Contacts
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