Quick Comparison: Advance Parole vs Re-Entry Permit
| Advance Parole (AP) | Re-Entry Permit | |
|---|---|---|
| Full name | Advance Parole | Re-Entry Permit |
| Form used | I-131 | I-131 |
| Who needs it? | Person with a pending I-485 adjustment of status (no Green Card yet) | Lawful Permanent Resident (already has a Green Card) |
| Purpose | Temporarily leave the U.S. without abandoning the pending I-485 | Travel abroad for an extended period without losing LPR status |
| Validity period | Typically 1 to 2 years | Maximum 2 years |
| How long can you stay abroad? | No fixed limit but extended absence carries risks | Up to 2 continuous years outside the U.S. |
| Consequence of leaving without it | I-485 may be deemed abandoned and cancelled | May be treated as having abandoned LPR status |
| Can it be combined with EAD? | Yes, as a Combo Card via I-765 and I-131 | Not applicable |
Foreign nationals who arrive in the United States as nonimmigrants and then file for adjustment of status may also file for advance parole in conjunction with their Form I-485, Application to Register Permanent Residence or Adjust Status with the United States Citizenship and Immigration Services (“USCIS”).
Advance Parole differs from a Re-Entry Permit because while both use the same form; Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, USCIS issues Advance Parole to those seeking to temporarily depart the United States before their lawful permanent residence is approved. A re-entry permit is for those who are already lawful permanent residents and are looking to travel outside the United States for a short period without abandoning their permanent resident status.
An example of a foreign national who would be eligible for Advance Parole is somebody who entered the U.S. on a K-1 fiancé visa. After arriving and marrying their U.S. citizen fiancé within 90 days, the new immigrant spouse should file for adjustment of status. If the new immigrant spouse needs to travel abroad (i.e. visit the foreign national’s family during the adjustment period), Advance Parole would be required in order to return to the United States. Thus, having been approved for Advance Parole would allow for the foreign national to depart and return without abandoning their ongoing adjustment of status application.
Once the adjustment of status has been approved, the new immigrant spouse will have lawful permanent residence and Advance Parole is no longer required to re-enter the United States. The new immigrant spouse would use their Form I-551 “Green Card” as a visa to reenter the United States. If the lawful permanent resident is looking to spend a prolonged period of time outside the U.S., applying for a re-entry permit with USCIS may be necessary.
Frequently Asked Questions
What is the difference between Advance Parole and a Re-Entry Permit?
Advance Parole is for people with a pending Form I-485 adjustment of status application who do not yet have a Green Card and need to temporarily leave the United States without the application being deemed abandoned. A Re-Entry Permit is for Lawful Permanent Residents who already have a Green Card and want to travel abroad for an extended period without losing their LPR status. Both are filed using Form I-131 but in different sections of the form.
I have a pending I-485. Can I travel to Vietnam to visit my family?
Yes, but only after receiving an approved Advance Parole document from USCIS. Leaving the United States before the AP is approved while an I-485 is pending will result in the I-485 being deemed abandoned and automatically cancelled. File Form I-131 requesting Advance Parole as early as possible, ideally simultaneously with the I-485, and wait for the approved AP before purchasing your ticket.
What is the Combo Card and should I apply for it?
The Combo Card is a single card that combines both an Employment Authorization Document (EAD) and Advance Parole. It is obtained by filing both Form I-765 (for EAD) and Form I-131 (for AP) simultaneously, typically at the same time as the I-485. The Combo Card is highly convenient as it allows the holder to both work and travel outside the U.S. on a single document. Most people with a pending I-485 should apply for the Combo Card.
Does a Green Card holder need a Re-Entry Permit for a 2 to 3 month trip to the Philippines?
For trips under 6 months, an LPR can generally re-enter the United States using their Green Card without a Re-Entry Permit. However it is advisable to maintain clear evidence that the United States remains the primary place of residence such as bank accounts, a lease or mortgage and tax filing history. For trips of 6 months to 1 year a Re-Entry Permit is strongly recommended. For trips exceeding 1 year it is nearly essential.
I have a pending I-485 and my family has an emergency abroad. Can I leave immediately?
This is a very difficult situation. Without an approved Advance Parole, leaving the United States will result in the I-485 being cancelled. In some genuine humanitarian emergency cases it may be possible to request emergency Advance Parole at a local USCIS office, but this is not guaranteed and depends on the specific circumstances. Contact an experienced immigration attorney immediately before purchasing any ticket as this decision has serious and irreversible legal consequences.
For more information on advance parole and re-entry permits, contact us at info@enterlinepartners.com.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline & Partners only.
