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Can You Apply for Advance Parole With a Criminal Record?
Visa GuidesImmigrationUSCIS Global Mobility
Published On : 07-09-2024
Mahaprasad Nanda
Mahaprasad Nanda
Can You Apply for Advance Parole With a Criminal Record?

Advance Parole Eligibility and Criminal Record Considerations

U.S. Citizenship and Immigration Services (USCIS) allows certain individuals to apply for Advance Parole to travel abroad and return to the United States. Here's what you need to know:

Eligibility for Advance Parole:
- Non-U.S. citizens and non-green card holders who meet specific requirements
- Individuals with pending adjustment of status applications

Who Doesn't Need to Apply:
- U.S. citizens or lawful permanent residents
- Undocumented individuals
- Exchange visa holders (e.g., J-1 visa)
- H-1 or L-1 visa holders with valid visas

Application Process:
- Complete Form I-131, Application for Travel Document
- Pay the required filing fee

Criminal Record Considerations:
- Having a criminal record doesn't automatically bar you from applying
- USCIS may deny or reject applications if the criminal record makes you inadmissible

Inadmissibility Grounds (as per Immigration and Nationality Act):
- Murder
- Aggravated felony
- Persecution
- Genocide
- Torture
- Severe violations of religious freedom

Waiver of Inadmissibility:
- You can apply for a waiver using Form I-690
- Must provide humanitarian reasons for entry
- Should demonstrate significant hardship to a family member if denied

Important Notes:
- Advance Parole is conditional on your main adjustment of status application
- Consult an immigration lawyer if you have a criminal record before applying

For more information on Advance Parole, visit: https://www.uscis.gov/i-131

To learn about grounds of inadmissibility, visit: https://www.uscis.gov/policy-manual/volume-8-part-b

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice specific to your situation.

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