Immigration applications are the documents and paperwork which are necessary during the immigration process. An immigration application typically refers to an application for permanent residency, or a green card application.
The term, however, may refer to many other types of immigration matters as well, including non-immigrant visas and other categories. For many individuals, the prospect of relocating to the United States starts with an immigration application so it is important that these documents be completed properly and correctly.
What are Some Requirements for an Immigration Application?
The requirements for immigration applications may vary depending upon the type of visa or document which an individual is applying for. The majority of immigration applications, however, require forms of proof of purchase, including:
- Birth certificates;
- Medical records;
- Photo ID;
- Evidence of a clean criminal record;
- Record of previous residences;
- Bank account statements and job records; and
- Various other documents as required.
Therefore, an individual will be required to supply these documents as well as any other which are requested for the immigration application. A failure to produce the documents may negatively affect an individual’s changes at obtaining a visa document.
What is Advance Parole?
In general, if an individual is a non-U.S. citizen and is in the process of applying for a change of status or different immigration benefits, they will require advance parole to re-enter the United States after traveling outside the country.
If an individual requires advance parole for their return, they must be approved before leaving the U.S.
What is a Change of Status?
Pursuant to immigration laws, a change of status allows a non-citizen alien to reside permanently in the United States. The individual will have their temporary residence status changed to lawful permanent resident status.
This change will grant the individual other civil rights as well. This process is referred to as an adjustment of status.
There are various requirements for an adjustment of status and not every individual will be eligible for the process. In addition, there may be a limited number of permanent visa slots which are granted each year.
It is important to note that a change of status may also refer to the process of changing from one type of visa to another type of visa.
How Can I Obtain a Change of Status?
In order for an individual to obtain a change of status or an adjustment of status, the applicant is required to specifically file a request with the United States immigration authorities. In other words, the adjustment of status process is not typically granted in an automatic manner.
The applicant is also required to meet various requirements, which may include:
- A permanent visa slot must be available for the applicant that year;
- Certain immigration forms, including Form I-485, are required to be completed;
- The applicant must not be in the country illegally; and
- The applicant must not have worked illegally in the U.S.
In addition, the applicant may not be available for a change of status if they entered the country using a visa waiver or under similar special circumstances. A change of status is usually granted to individuals who have traveled to the United States on a temporary visa, such as a marriage visa or certain types of work visas and are looking to relocate permanently in the country.
Do I Need Advance Parole?
If an individual has to leave the United States due to an emergency, they may need to obtain travel documents to re-enter the country. There are numerous travel documents which an individual is required to obtain if they wish to re-enter the country after they travel outside of the U.S.
One of the required documents includes advanced parole. Advance parole allows a foreign national who is traveling abroad to re-enter the United States if they do not have a valid immigrant visa.
In general, an alien who has pending applications for immigration benefits or who desires to change their non-immigrant status will need advance parole to re-enter the United States after going overseas.
Am I Eligible for Advance Parole?
In certain cases, an individual may not be able to obtain advance parole. For example, the United States Citizenship and Immigration Services (USCIS) will not grant an individual advance parole if they are residing in the United States illegally or if they are subject to the foreign residence requirement due to being an exchange alien.
When Should I Apply for Advance Parole?
If an individual is applying for advance parole because they have a pending application for adjustment of their residency status, they must be approved for advance parole before they leave the United States. This is required to avoid the termination of the individual’s pending application for adjustment of status.
An individual should also apply for advance parole if they have a:
- H-1B visa and their dependents;
- L-1 visa and their dependents;
- V visa; or
- K visa.
Do I Need an Advance Parole Document?
There are certain situations which may not require an individual to have advance parole. For example, if an individual has an H-1B visa and they have applied for permanent residence, the individual and their dependents may travel without advance parole.
If an individual is unsure of whether they should apply, consulting with an immigration attorney can help to clarify their concerns. In the majority of cases, an individual is required to obtain advance parole to re-enter the United States if they:
- Have filed an application for adjustment of their citizenship status but they have not received a decision from the USCIS;
- Hold refugee or asylee status and have plans to travel to Canada temporarily to apply for a
- United States immigration visa; or
- Have a personal or bona fide reason to temporarily travel outside of the U.S., such as for an important event, for example, a business deal or a visit to immediate family.
How Do I File the Advance Parole Form?
Similar to other USCIS forms, an incomplete application will result in delays and, in some cases, denial. Therefore, an individual is required to include all of the requested materials with their application.
Documents which may be required for advance parole approval include:
- A copy of any USCIS document demonstrating that the individual currently resides in the United States;
- An explanation or other evidence showing the reason for the advance parole request;
- A copy of the filing receipt from the application for adjustment of status or asylum, if status change is the basis of the individual’s advance parole eligibility; and
- A copy of your consular appointment, if the individual is traveling to Canada for an immigrant visa.
What if My Application is Denied?
If an individual receives a denial letter, it will contain instructions regarding how to appeal. The applicant is required to send their appeal to the same office which made the original decision.
Although the appeal will eventually be sent to the Administrative Appeals Unit in Washington, D.C. for review, sending the appeal and fee directly to this office will result in delays. In the majority of cases, an individual has 33 days from the time they receive the denial to appeal by filing a USCIS Form I-290B.
Do I Need A Lawyer?
Because of increased security threats as well as changes to immigration laws in the United States, travel outside of the U.S. may have severe consequences if you are adjusting your status or extending your non-immigrant stay. Since you may not be permitted to re-enter the country if you do not have the proper documents, an experienced immigration attorney can ensure that you have the proper documents that you need prior to leaving.
Your attorney can also assist with your advance parole application, appeal, or renewal, if necessary. In addition, your attorney can answer any questions you have about advance parole as well as other immigration proceedings.
