Traveling on Cuban Advance Parole when Residency is Pending
For individuals from Cuba who are seeking to adjust their status to become lawful permanent residents in the United States, there is a travel document called Cuban Advance Parole that allows them to temporarily travel outside the country while their residency application is pending.
What is Cuban Advance Parole?
Cuban Advance Parole is a travel document that grants certain Cubans the authorization to depart from and return to the United States while their Adjustment of Status application is under review. It provides a temporary solution for those who need to travel internationally but do not yet have their green card.
Eligibility for Cuban Advance Parole
In order to be eligible for Cuban Advance Parole, an individual must meet specific criteria:
- The applicant must be a Cuban national.
- The applicant must be physically present in the United States at the time of filing the Advance Parole application.
- The applicant must have a pending Adjustment of Status application.
- The applicant must be admissible to the United States.
Benefits of Cuban Advance Parole
Traveling on Cuban Advance Parole has several benefits:
- Avoiding Abandonment of Adjustment of Status Application: Departing the United States without Advance Parole while the Adjustment of Status application is pending can result in the application being considered abandoned. Cuban Advance Parole prevents this from happening.
- Ability to Return to the United States: With Cuban Advance Parole, individuals can leave the United States and legally return without jeopardizing their immigration status.
- Temporary Relief: Cuban Advance Parole provides temporary relief for those who need to travel for personal or professional reasons, ensuring they can maintain their presence in the United States while their residency application is being processed.
How to Apply for Cuban Advance Parole
To apply for Cuban Advance Parole, individuals should follow these steps:
- Complete Form I-131, Application for Travel Document.
- Provide the required supporting documents, which may include evidence of your pending Adjustment of Status application, proof of Cuban nationality, and any additional requested evidence.
- Pay the filing fee.
- Submit the application to the appropriate USCIS mailbox or filing location.
Once the application is received, it will be reviewed by USCIS, and a decision will be made regarding your eligibility for Cuban Advance Parole.
Considerations and Limitations
While Cuban Advance Parole offers valuable benefits, applicants should be aware of certain considerations and limitations:
- Travel Restrictions: Cuban Advance Parole is only valid for travel to and from Cuba. It does not grant authorization for travel to any other country.
- Length of Validity: The period of validity for Cuban Advance Parole can vary. It is essential to carefully review the document to ensure compliance with the travel period instructions.
- Advance Parole Status: When traveling on Cuban Advance Parole, individuals are in a status known as “Advance Parole.” It is essential to carry the proper documentation and comply with any additional regulations associated with this status.
- Risk of Denial: Approval for Cuban Advance Parole is not guaranteed. USCIS will carefully review the application and may deny it if the eligibility criteria are not met or if there are other concerns.
Conclusion
For Cubans with pending Adjustment of Status applications, Cuban Advance Parole provides an opportunity to travel outside the United States without jeopardizing their residency application. It is crucial to meet the eligibility requirements and comply with the restrictions and regulations associated with this travel document. Applying for Cuban Advance Parole can help individuals maintain their presence in the United States while still having the ability to fulfill personal and professional obligations beyond its borders.
