Form I-512, Advance Parole

What is Form I-512?

Form I512 is also known as advance parole which is issued by the USCIS. Advance parole permits a non-citizen of the United States who does not have an immigrant visa to come back to the United States after leaving the country. Before a non-immigrant individual leaves the United States, they must get approval for the advance parole otherwise they will be denied entry.

Who should apply for Form I-512?

If you are a non-immigrant, you should apply for advance parole if:

    • You have been granted benefits under the Family Unity Program
    • You have an asylum application in process or were granted asylum
    • Have been admitted as a refugee
    • Have been granted Temporary Protected Status
    • Have an emergency reason to travel abroad temporarily
  • Have an application for adjustment with a pending status

You will not be granted advance parole if:

    • You are the beneficiary of a private bill
    • Are under removal proceedings
    • Are an exchange alien who needs a foreign residence
  • Are in the United States without a valid immigrant status

How do I apply for Form I-512?

You must file Form I-131, Application for Travel Document in order to receive advance parole, Form I-512. The actual document will say “Authorization for Parole”. Please note that having Form I-512 does not guarantee entry into the United States once you try to re-enter. Non-immigrants with advance parole must still go through customs screening where they will be deemed fit or unfit to re-enter the country. However, advance parole protects non-immigrants who would be automatically rejected from re-entry if they were to not have advance parole.

What is a non-immigrant individual?

A non-immigrant individual is anyone with a permanent residence in any country other than the United States. A citizen of the U.S. Would not be considered a non-immigrant individual. Visas may be issued to non-immigrant individuals and they are generally issued on a temporary basis and primarily, but not exclusively for tourists. Other categories of people who may qualify as non-immigrants are persons traveling to the United States for the purpose of obtaining medical treatment or persons traveling here on business. Normally they would have first obtained their non-immigrant visa from their own countries U.S. Embassy prior to travel. Non-immigrant visas may also be issued to visitors for temporary work and also for study.

Applying for form I-512 is a two-stage process. The first step is to complete form I-313, available from the U.S. Citizen and Immigration Services (USCIS).

Once you have completed form I-131 it is important to read it over and check that you have answered all questions fully and that all the information that you have given is correct.

Once you have submitted your I-131 it will be reviewed and if successful you will receive your I-512. Many people expect that the I-512 is a card and are surprised to find that it is a simple A4 document. Look for the “Authorisation for Parole” heading on the top of the page.

What if my application is denied?

Any decision to deny an Advanced Parole application will be notified to you in writing. Details of how to lodge your appeal will be included. If you wish to appeal an advanced parole decision you will need to submit your application within thirty-three days. Appeals are only accepted on form I-290B. The appeal should be sent to the office where you made your original application. You will also need to include the required administration fee.

Your appeal will then be processed and at that stage, it will be forwarded to the Administrative Appeals Unit (AAU) in Washington DC. You are strongly advised not to send your appeal directly to the AAU as this is likely to result in further delays. Your appeal will either be successful or not. If your appeal has not been successful there is no option to appeal it to a higher office. However, you can and should make a motion to the office to re-examine your application. Please note that you will have to provide new information in order for this motion to be successful. This may also involve submitting sworn affidavits and you will probably be required to submit need documentation to back up your case. Primarily the office will want to see new facts or the verification of claims you have previously made before they will re-examine your application.

It may appear at the outset that the whole process is overly complex, and some people may find this off-putting at first. However, I cannot overstate the importance of obtaining the correct documentation prior to you leaving the United States. This is especially important in cases where the person traveling may be leaving family or loved ones behind in the U.S. It is important to remember that without the correct documentation you chances of reentering the U.S. are greatly reduced. No one wants to arrive at the airport only to find out at that point that they cannot travel simply because they didn’t submit the correct paperwork in time. A little time and preparation in advance could save an awful lot of trouble a little further down the road.