Q: My husband is in US waiting for green card. He wants to visit family - can we apply for advance parole for this reason?
On USCIS it sounds like you can only apply if you have some sort of personal or medical emergency (I.e. death, terminal illness). Will his application get denied if he only applies to see family and does not provide evidence of a medical or personal emergency (I.e. doctor’s note, death certificate)
A: If he already has a pending I-485, he is entitled to file an I-131 without having to pay an additional fee and he would not need to establish a reason for needing to travel. However, processing times for I-131s are around 11.5 months. If he is trying to get an emergency advanced parole document, then yes, he would need to establish an emergency reason that he requires the permit to travel right now.
A:
While the USCIS typically grants advance parole for urgent humanitarian reasons, such as medical emergencies or family emergencies, visiting family alone may not be considered an urgent humanitarian reason. However, it is still possible to apply for advance parole for this reason.
When applying for advance parole, it is important to provide a clear and detailed explanation of the reason for travel and any supporting documentation that demonstrates the urgency of the situation, such as an invitation letter from family members or proof of a special event or occasion. The USCIS will review the application and make a determination based on the individual circumstances presented.
It is recommended that you consult with an experienced immigration attorney to discuss the specific details of your situation and to determine the best course of action. They can provide guidance on the application process, the required documentation, and the likelihood of success.
If you need legal assistance, contact my office. We offer a free consultation option for potential clients.
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