Frequently Asked Questions
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You should consider applying for Advance Parole if you may need to travel outside the United States while an eligible immigration application or status is pending. However, applying for Advance Parole—and later using it to travel—should be evaluated separately.
Advance Parole remains available under current USCIS procedures. It may be appropriate for certain adjustment-of-status applicants, DACA recipients, TPS beneficiaries, and other qualifying noncitizens. USCIS continues to accept Form I-131 applications, including advance-parole requests from current DACA recipients who demonstrate a qualifying humanitarian, educational, or employment-related reason.
For many applicants with a pending Form I-485, leaving the United States without first obtaining Advance Parole may cause USCIS to treat the adjustment application as abandoned. Limited exceptions may apply to certain individuals maintaining valid H, L, K, or V status.
Obtaining Advance Parole does not guarantee that you will be permitted to return. U.S. Customs and Border Protection makes the final decision at the port of entry and may question the traveler, conduct additional inspection, or deny parole if an inadmissibility, enforcement, security, or other legal issue is identified.
Because the federal government is currently applying heightened immigration screening and enforcement policies, international travel may carry greater practical risk for some applicants. A person should not travel solely because USCIS approved an Advance Parole document. The traveler’s entire immigration history should first be reviewed.
Travel may be particularly risky for someone who has:
An outstanding removal or deportation order;
Prior removal, expedited removal, voluntary departure, or immigration-court proceedings;
Arrests, criminal charges, or convictions;
Prior unlawful presence or multiple entries without inspection;
Fraud, misrepresentation, or false claims to U.S. citizenship;
A pending asylum application or plans to travel to the country of claimed persecution;
A prior visa revocation, border refusal, or inadmissibility finding;
DACA or another temporary protection that could expire during the trip;
A pending request for evidence, notice of intent to deny, interview, hearing, or other case deadline;
Citizenship or travel history involving a country subject to heightened federal restrictions or security screening; or
Any uncertainty regarding whether the Advance Parole document remains valid for the intended date and purpose of travel.
An Advance Parole document should be approved before departure, and the traveler should return before the document expires. A pending Form I-131 receipt notice is not permission to travel. DACA recipients who leave without approved Advance Parole face a significant risk that they will not be permitted to return.
Bottom line: Applying for Advance Parole may be a prudent way to preserve a future travel option, particularly for an applicant with a pending Form I-485. Whether the approved document should actually be used is a separate, fact-specific legal decision. Before making travel arrangements, obtain an individualized review of your immigration history, criminal history, manner of entry, pending applications, possible inadmissibility grounds, and the government policies in effect at the time of travel.
This information is general and does not guarantee that USCIS will approve an application or that CBP will permit a traveler to reenter the United States. Immigration policies and enforcement practices can change quickly.
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Immigration cases can take longer than expected for many reasons, and a delay does not necessarily mean that the case will be denied. Processing time depends on the type of application, the government office handling it, the applicant’s immigration history, required security checks, and the number of cases pending before the agency.
Common causes of delay include:
High application volumes and agency workload;
Staffing or operational limitations at USCIS, the National Visa Center, a U.S. consulate, or the immigration courts;
Background, identity, national-security, or criminal-history checks;
Requests for Evidence or Notices of Intent to Deny;
Missing, inconsistent, or outdated information;
Delays in obtaining records from another government agency;
Interview scheduling and rescheduling;
Additional review after an interview;
Visa-number availability under the Department of State’s Visa Bulletin;
Transfer of the case between offices;
Prior immigration violations, arrests, removal proceedings, or multiple immigration filings; and
Changes in government policy, screening procedures, or adjudication priorities.
USCIS processing times are estimates, not guaranteed deadlines. They vary by form type and office and may change as USCIS updates its data. A case may therefore remain within the agency’s published processing range even when it has been pending for many months.
Consular cases may also be delayed because of appointment availability or administrative processing. The Department of State explains that interview wait times depend on the workload and staffing of the particular embassy or consulate. When additional administrative processing is required after an interview, the length of that review depends on the individual circumstances of the case.
What Can I Do About the Delay?
The appropriate response depends on how long the case has been pending and which agency controls it. Possible steps may include:
Check the official processing time. Compare the receipt date with the inquiry date listed for the applicable form and office.
Review the case status and correspondence. Confirm that the agency has the correct address and that no biometrics notice, interview notice, or evidence request was missed.
Submit an outside-normal-processing-time inquiry. USCIS generally permits a service request only after the case becomes eligible under its published inquiry-date system.
Request expedited processing when justified. USCIS may expedite a case in its discretion for circumstances such as severe financial loss, emergencies, urgent humanitarian situations, qualifying nonprofit interests, government interests, or clear USCIS error. Ordinary inconvenience, prolonged waiting, or a desire to travel is usually not enough by itself.
Seek assistance from the CIS Ombudsman. The Ombudsman may assist with certain unresolved USCIS delays, generally after the applicant has first attempted to resolve the issue through USCIS. Ombudsman assistance does not guarantee faster processing or approval.
Request congressional assistance. A congressional office may ask the agency for information about a delayed case, although it ordinarily cannot direct the agency to approve the application.
Evaluate federal court litigation. In some cases involving an unreasonably delayed agency decision, a mandamus or Administrative Procedure Act lawsuit may be considered. Litigation is not appropriate merely because a case is moving slowly, and the government may respond by deciding the case, requesting additional evidence, or taking an adverse action. The complete record should therefore be reviewed before filing suit.
Does a Long Delay Mean Something Is Wrong?
Not necessarily. Some cases remain pending because of routine workload or security screening. However, a delay may require closer review when:
The case is substantially beyond the published processing time;
Similar cases filed later have already been decided;
The applicant has received no action after responding to an evidence request;
An interview occurred long ago without a decision;
USCIS repeatedly provides only generic responses;
A work permit, lawful status, family reunification, medical need, or safety issue is being seriously affected; or
The case appears to be delayed because of incorrect information, a lost filing, or an unresolved background-check issue.
Bottom line: Immigration delays are common, but they should not simply be ignored. The first step is to determine whether the case remains within normal processing time. If it does not, an attorney can evaluate whether a service request, expedite request, Ombudsman inquiry, congressional inquiry, or federal court action is appropriate.
This information is general and does not establish that any particular delay is legally unreasonable. Processing times, government policies, and available remedies may change.