By J. Lavetsky, Esq.
Beacon Immigration PLLC

July 15, 2023

When applying for adjustment of status (a green card) in the U.S., an applicant may choose to apply for a travel permit at the same time, a process called advance parole. Advance parole is used when green card applicants need to travel abroad while they are waiting the year or more that it can take for USCIS to adjudicate their application.

Recently, with USCIS waiving many marriage green card interviews, some adjustment of status applicants have received notification of their green card approval while they are traveling abroad. The question then arises: since the traveler doesn’t yet have the green card in their possession, how can they return safely to the U.S. in this situation?

Should they simply present their advance parole document to Customs and Border Protection (CBP) when they return to the U.S., even though they are now a green card holder?

Should they try to have their green card mailed to them abroad, and return on the green card?

Or should they simply present notice of their green card approval upon returning to the U.S., such as an email from USCIS?

Let’s discuss each of these possibilities in detail.

Option 1: Presenting Advance Parole Documents to CBP

While it may be tempting to return to the U.S. using the advance parole document, this option raises concerns, especially if the traveler is already approved for a green card. Green card holders are not supposed to use advance parole documents for re-entry into the U.S. Attempting to re-enter the U.S. with advance parole could potentially complicate a traveler’s immigration status. At the very least, it could cause delays at the airport, and the travel may have to spend time undergoing CBP’s “secondary inspection” process.

Option 2: Mailing the Green Card Abroad

Another option is having a friend or family member mail the green card to the traveler’s international address. However, this is risky. Mailing important documents internationally always carries the possibility of loss, theft, or significant delays. Losing the green card in transit could lead to complications, including the need to file a replacement application, for which USCIS charges $540.

Option 3: Presenting Notice of the Green Card Approval

Finally, the traveler may present evidence of the green card approval to CBP in the U.S. Such evidence can include an email or text message from USCIS (available by filing form G-1145, e-Notification of Application/Petition Acceptance), or a printout from the traveler’s My USCIS account. The traveler may also try to have a friend or family member mail their I-485 approval notice to them abroad, which is less risky than mailing the green card. This notice serves as official confirmation of the green card approval and can be presented to the CBP officer upon arrival in the U.S.

Overall, option 3 is the best. It’s more substantive than simply trying to return to the U.S. with advance parole documents, and less risky than having the green card mailed abroad. Usually, CBP will allow the traveler to be re-admitted into the U.S, this time as a green card holder.

If you have questions about traveling with advance parole, please get in touch today: +1 845-288-2435 / beaconimmigrationlawyer@gmail.com.

Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).