Advance Parole Consult an Attorney

It is advisable to consult with an immigration attorney to evaluate the individual’s specific circumstances, especially to explore whether Advance Parole or other legal avenues might be pursued successfully.

Advance Parole is one of the most common and viable options for individuals without lawful status, particularly those who are adjusting their status through a family or employment-based petition or another qualifying pathway.

Eligibility:

• Those currently in the process of obtaining legal status (for example, individuals with an active application for adjustment of status) are eligible to apply for Advance Parole.
• DACA (Deferred Action for Childhood Arrivals) recipients may also apply for Advance Parole in certain circumstances, such as for humanitarian reasons (e.g., attending a family funeral), educational purposes, or employment-related reasons.

Steps to Apply:

• File Form I-131, Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS).
• Provide evidence of the humanitarian need, such as proof of the family member’s death and the funeral arrangements.
• Pay the required fee (unless a waiver applies).

Considerations:

• Approval is not guaranteed, and the process can take several weeks to months, depending on the urgency of the situation.
• Once approved, Advance Parole allows re-entry into the U.S. without abandoning the pending adjustment of status application.
• If denied, traveling without this document will likely result in the individual being barred from re-entry under U.S. immigration law due to their prior unlawful presence.

Risks:

• Individuals with significant immigration violations (e.g., prior deportations, criminal records) may face scrutiny or denial at the port of entry, even with Advance Parole.
• The individual may still face the possibility of being refused re-entry at the U.S. border, as Advance Parole does not guarantee automatic re-entry. U.S. Customs and Border Protection (CBP) officers have discretion at the port of entry.

2. Temporary Protected Status (TPS) Travel Authorization

Individuals who have Temporary Protected Status (TPS) may also apply for travel authorization to attend a funeral abroad.

Eligibility:

• Only individuals who currently hold TPS are eligible for this method.
• TPS holders can apply for a TPS Travel Document, allowing them to return to the U.S. after traveling abroad.

Steps to Apply:

• File Form I-131 for TPS travel authorization, similar to the process for Advance Parole.
• Provide documentation demonstrating the urgent need to travel, such as a death certificate or funeral details.

Considerations:

• TPS holders must obtain this document before leaving the U.S.; otherwise, they may lose their TPS status upon departure.
• Approval of the travel document is usually faster than the adjustment-based Advance Parole, but processing times can still vary.

3. Risky Option: Traveling Without Legal Re-entry Documents

For individuals who do not qualify for Advance Parole, TPS, or other legal options, traveling outside the U.S. without prior authorization is highly risky.

Consequences of Leaving Without Authorization:

• Three- and Ten-year bars: If an individual has accrued more than 180 days of unlawful presence in the U.S., leaving the country triggers a 3-year bar (for unlawful presence between 180 days and one year) or a 10-year bar (for unlawful presence of more than one year) from re-entry.
• Inadmissibility: Individuals may be deemed inadmissible upon attempting to re-enter the U.S., which could lead to long-term separation from their family and life in the U.S.
• No Guarantee of Re-entry: Without formal re-entry documents, there is no way to ensure they will be allowed back into the country.

4. Humanitarian Parole

Humanitarian Parole may be an option for undocumented individuals who cannot apply for Advance Parole due to their current immigration status.

Eligibility:

• This is generally for individuals outside the U.S. seeking entry for urgent humanitarian reasons, but it can sometimes be applied for people already within the U.S. who need to temporarily leave and return.
• This option may be difficult to secure for undocumented individuals, as it is typically granted in exceptional cases.

Steps to Apply:

• File Form I-131 with USCIS, citing humanitarian grounds for the request.
• Provide detailed documentation supporting the claim, such as proof of death and the funeral schedule.

Considerations:

• Like Advance Parole, Humanitarian Parole does not guarantee re-entry, and USCIS may take a strict view of applications from individuals with immigration violations.
• Processing times can vary, and approval is rare without a clear, compelling humanitarian need.

5. Deferred Action Requests

Individuals without access to the above legal channels may consider filing a deferred action request. This is an informal administrative relief where immigration authorities agree to defer action on an individual’s case, allowing them to apply for Advance Parole in limited cases. However, this option is more complex and uncertain, as it is discretionary.

Conclusion

For undocumented individuals in the U.S. wishing to attend a funeral abroad, Advance Parole presents the most feasible legal method of securing re-entry into the U.S., especially for those with pending immigration applications or DACA recipients. TPS holders can similarly apply for travel documents, but for others, the risks of traveling without legal re-entry documents are high, potentially leading to long-term bars from the U.S. The urgency of the travel situation, the individual’s immigration history, and current legal status will all play significant roles in determining the best course of action.

It is advisable to consult with an immigration attorney to evaluate the individual’s specific circumstances, especially to explore whether Advance Parole or other legal avenues might be pursued successfully.