Advance Parole grants certain immigrants the option to return to the U.S. after traveling abroad without needing a visa. It’s essential for Adjustment of Status (AOS) applicants because departing the U.S. without Advance Parole before the AOS application is approved may result in the abandonment of the AOS Green Card application. An applicant becomes eligible for this benefit once their AOS application is received and accepted by the U.S. Citizenship and Immigration Services (USCIS). This interim benefit is supposed to give AOS applicants quasi or would-be green cards status. If these benefits take as much time to be approved as a green card, they lose their utility.

The processing time for advance parole (AP) applications has been increasing in recent years. USCIS’ listed processing time can be found online. Currently, the processing time for AP ranges from 8 months to 18.5 months. This means that it can take up to 18 months or longer to receive an AP document after filing an application. Admittedly, these estimates given by USCIS may not reflect reality. The USCIS timeframe provided is based on the length of time it takes to complete 80% of cases submitted over the prior six months. Therefore, the other 20% of cases may take longer than the listed processing time or may be shorter.

Several factors contribute to the processing delay of AP applications for AOS applicants. These factors include:

  • Increased demand for AP: The number of AP applications has been increasing in recent years, which may strain USCIS’s resources.
  • Backlogged cases: USCIS has a large backlog of cases, possibly contributing to the processing delay.
  • Staffing shortages: USCIS is facing staffing shortages, which may further delay the processing of AP applications.
  • Budgetary and Staffing Issues: USCIS has faced budgetary constraints and staffing issues, which directly influence its processing capacity.

The processing delay of AP applications can have several negative consequences for AOS applicants. These consequences include:

  • Inability to travel: Applicants who need to travel for urgent or unforeseen reasons may be unable to do so if they do not have an AP document.
  • Financial hardship: Applicants who are unable to travel for work or other reasons may experience financial hardship.
  • Family separation: Applicants who are unable to travel to see their family members in other countries may experience family separation.

Other than waiting for the AP application to be adjudicated by USCIS, there are two possible actions. First, individuals can place a service request with USCIS. A service request can be made when your case is outside of USCIS’ posted processing time on their website. On that page, USCIS asks for the receipt date to generate the inquiry date. If the application is outside of normal processing time, the option to submit a service request is shown. If the case is within the normal processing time, a date on which a service request can be submitted is shown. Submitting a service request does not mean that USCIS will take your case and automatically adjudicate it. First, remember that the processing time only gives a range, and the case may be part of that 20% that is outside of the range. Second, USCIS may look at the case and respond to the request, as we often see, admitting to the delay in processing the application and asking for continued patience until they render a decision.

Outside of placing a service request, your local congressperson may be able to help. Find your representative online. Each congressperson usually has a link on their website for agency assistance requests. Lastly, with every application, USCIS may expedite the AP application if verifiable circumstances fall under the five criteria listed below:

  • Severe financial loss to a company or person provided that the need for urgent action is not the result of the petitioners or applicants’ failure to:
    • Timely file the benefit request, or
    • Timely response to any requests for additional evidence
  • Emergencies and urgent humanitarian reasons
  • Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States
  • U.S. government interests (such as urgent cases for federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, DHS, or other public safety or national security interests); or
  • Clear USCIS error.

If the circumstance falls under the criteria noted above, contact the USCIS contact center through the 1-800 number or through the Emma system. USCIS requires documentation showing the circumstances such as a doctor’s note or letter from the employer. It is important to note that USCIS has the power to grant or reject these expedited requests.

Despite these efforts, processing delays for AP applications are likely to continue for some time. AOS applicants who need to travel should contact an immigration attorney to discuss options. Contact us at ILBSG for expert help.

With advanced parole processing delays persisting, adjustment of status applicants needing to travel requires ample preparation time. USCIS has yet to provide a clear timeline for when faster AP processing is expected. USCIS occasionally provides updates on processing times, changes in procedure, or other news. Staying updated will give you the latest information on any changes or initiatives that might affect processing times.

Lastly, while waiting for Advance Parole, it’s critical not to leave the U.S. and travel abroad without having the document in hand, unless you have another valid status or visa that allows you to re-enter without compromising your AOS application. Otherwise, there’s a risk that your AOS application will be considered abandoned.

Our attorneys at ILBSG are readily available to ensure you get the right advice. ILBSG continues to monitor ongoing changes in USCIS processing EAD, AP, and AOS applications. If you have questions about your applications or any other immigration-related issue, contact us at ILBSG.

adjustment of status Advance Parole