Immigration 101
When applying for a marriage-based green card through Adjustment of Status (AOS), you may need to wait several months for approval. During this time, Advance Parole (Form I-131) and Employment Authorization (Form I-765) allow you to travel and work legally in the U.S.
Advance Parole and Employment Authorization help you travel and work legally while waiting for your green card. Applying for these permits early and following USCIS guidelines can make the green card waiting period much easier to manage.
Scroll down to read the Full Version.
Travel and Work Authorization 101:
Understanding Advance Parole and Employment Authorization for Marriage-Based Green Card Applicants
Estimated Reading Time:
Want a shorter version? Click the bar above for a simple version.
When applying for a marriage-based green card from within the United States through Adjustment of Status (AOS), you may have to wait several months for your application to be fully processed. During this waiting period, foreign spouses can apply for Advance Parole (Form I-131) to travel and Employment Authorization (Form I-765) to work legally in the U.S. These forms are optional but highly beneficial, allowing you to continue life as usual while waiting for your green card approval. This guide covers what Advance Parole and Employment Authorization are, why they are useful, and how to apply for them.
What is Advance Parole?
Advance Parole is a travel permit that allows foreign nationals with a pending green card application to temporarily leave the U.S. and re-enter without abandoning their application. Normally, leaving the U.S. while an AOS application is pending would mean that your application is considered abandoned. Advance Parole prevents this and grants permission to travel outside the U.S. for brief periods during the green card waiting period.
Why is Advance Parole Important?
Advance Parole is essential for marriage-based green card applicants who need to travel internationally during the processing period. It allows you to travel without jeopardizing your green card application, which is critical for personal reasons like visiting family, attending important events, or handling emergencies. Without Advance Parole, any international travel may lead to the abandonment of your application, forcing you to start the entire green card process over from scratch.
What is Employment Authorization?
Employment Authorization is a permit that allows green card applicants to work legally in the U.S. while waiting for their green card approval. This permit, often referred to as an Employment Authorization Document (EAD), gives you the flexibility to start or continue working, making the waiting period more financially manageable.
Benefits of Employment Authorization
Employment Authorization offers several key benefits:
Legal Right to Work: It allows you to work for any employer in the U.S., supporting yourself financially during the green card waiting period.
Financial Stability: Being able to work can help reduce financial stress, especially if you were relying on one income in your household.
Career Continuity: If you are already employed, having an EAD allows you to continue working without interruptions.
Who is Eligible for Advance Parole and Employment Authorization?
If you are applying for a marriage-based green card through Adjustment of Status (AOS), you are eligible to apply for both Advance Parole and Employment Authorization. You can apply for these permits simultaneously with your AOS application or at any time while your green card application is pending.
Required Forms for Advance Parole and Employment Authorization
To apply for Advance Parole and Employment Authorization, you will need to complete the following forms:
Form I-131 (Application for Travel Document): This is the form for Advance Parole, which allows you to request permission to travel abroad while your green card application is being processed.
Form I-765 (Application for Employment Authorization): This form is for Employment Authorization, granting you permission to work in the U.S. while awaiting your green card approval.
When filing an Adjustment of Status application, both Form I-131 and Form I-765 can be included at no additional cost if submitted together with Form I-485 (Adjustment of Status application). This saves money and often reduces waiting time for these additional permits.
Step-by-Step Guide to Applying for Advance Parole and Employment Authorization
Here is a simple guide to completing and submitting both Form I-131 and Form I-765 along with your AOS application:
Step 1: Gather Necessary Documents
Start by gathering the following documents for each form:
For Form I-131 (Advance Parole):
Completed Form I-131
Two recent passport-sized photos
A copy of your photo ID (passport or other valid government ID)
Evidence of your pending Adjustment of Status application, such as your Form I-485 receipt notice (if applying later)
For Form I-765 (Employment Authorization):
Completed Form I-765
Two recent passport-sized photos
A copy of your photo ID (passport or other valid government ID)
Evidence of your pending Adjustment of Status application, such as your Form I-485 receipt notice
Note: If you’re filing Forms I-131 and I-765 along with your Form I-485, you don’t need a receipt notice for Form I-485 yet, as all three forms will be submitted together.
Step 2: Complete Forms I-131 and I-765
Completing Form I-131 (Advance Parole):
Indicate that you are applying for Advance Parole.
Provide your reason for requesting Advance Parole. For most marriage-based green card applicants, a simple explanation like “To visit family while my Adjustment of Status application is pending” is sufficient.
Fill out your intended dates of travel if you know them. However, it’s not mandatory to specify dates unless you have specific plans.
Completing Form I-765 (Employment Authorization):
Select the appropriate eligibility category for your case. Most marriage-based AOS applicants should select category (c)(9) on Form I-765, which refers to pending Adjustment of Status applications.
Provide your current mailing address. Make sure this address is stable, as USCIS will send your EAD card to this location.
Step 3: Assemble and Review Your Application Package
If you are filing these forms alongside your Form I-485, make sure to include all necessary forms and supporting documents. Double-check your forms for accuracy and consistency. Incorrect or incomplete applications can lead to delays or even denials.
Step 4: Submit Your Application
If submitting the forms with your Form I-485, include everything in one package and mail it to the appropriate USCIS address. If you’re applying separately after submitting Form I-485, send Forms I-131 and I-765 to the USCIS address that handles follow-up applications for your case.
What to Expect After Submitting Forms I-131 and I-765
Receipt Notices: USCIS will send receipt notices for each form submitted. These notices contain case numbers, which allow you to track the status of each application.
Biometrics Appointment: USCIS may schedule a biometrics appointment where your fingerprints, photos, and signature will be collected. This appointment is typically required for the AOS process and may also apply to these forms.
Processing Times: Processing times for Advance Parole and Employment Authorization can vary, generally ranging from 2 to 5 months. These permits are usually processed faster when submitted together with Form I-485, though times can fluctuate based on USCIS workload.
Receiving Your EAD and Advance Parole: If approved, USCIS will issue a combination card that serves as both your Employment Authorization Document (EAD) and Advance Parole. This card grants you the ability to work in the U.S. and travel abroad temporarily.
Tips for Using Your Advance Parole and EAD Card
Frequently Asked Questions
Yes, you can apply for Advance Parole and EAD at any point while your AOS application is pending, but it’s usually faster and more cost-effective to submit all forms together.
Advance Parole allows for temporary travel, typically a few weeks to a few months. Extended absences might raise questions at re-entry about your intent to reside in the U.S., so avoid lengthy travel without consulting an immigration professional.
Yes, if your green card application is denied, both your EAD and Advance Parole will be void, as they rely on a pending AOS application. In such cases, consult an immigration attorney to understand your options.
Key Takeaways
Advance Parole is Essential for Travel: If you need to leave the U.S. while waiting for your green card, Advance Parole allows you to do so without jeopardizing your application.
Employment Authorization Supports Financial Stability: An EAD allows you to work legally, providing financial stability during the green card waiting period.
Timely Filing is Beneficial: Filing Forms I-131 and I-765 with your AOS application is efficient, cost-effective, and helps avoid delays in receiving your travel and work authorizations.
Conclusion
Applying for Advance Parole and Employment Authorization can make the green card waiting period smoother, allowing you to work and travel as needed. By understanding the process and following the steps carefully, you can ensure that these permits are issued without unnecessary delays. If you have questions about eligibility, completing the forms, or your specific situation, consulting an immigration attorney can help guide you through the process with confidence.
Learn essential U.S. immigration terms with our easy-to-understand guide. From green cards to asylum, master the language of immigration and make informed decisions. Perfect for those navigating the immigration process or seeking clarity on complex terms.
The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.
© 2015-2024 Occam Immigration
If you have any questions, please contact us at hello@occamimmigration.com.
