How to File i131 Advance Parole While i485 is Pending

You can easily fill out your EAD and AP renewal yourself and apply directly with USCIS. These days, USCIS is issuing the GC EAD with AP for 2 years.

The good thing about i485 EAD is that you get an automatic 180-day extension if you file your renewals before the current card expires.

The EAD application is filed using USCIS form i765 and advance parole requires filing a separate form i131. The USCIS may issue both in the form of a combo card if you applied them together and got approved too.

The form i765 is a common form for various types of EADs like H4, and L2, in addition to i485, and hence makes it a little difficult for a non-lawyer to fill up correctly. The i765 form is a little less complex than the i131.

If you miss any relevant field on the form for your case-specific situation, USCIS may simply reject the application and send it back to you. Note that there is a difference between rejection and RFE.

How to Fill the i131 Advance Parole Form?

Log in to apps.am22tech.com and start filling in your details. The app is smart enough to detect the fields you need to fill in based on your selections at each step.

It will also validate the correct USCIS form to avoid straight rejections.

The app has a lot of built-in checks and validations to make sure you fill the right fields with the correct data. USCIS rejects the applications even when you make an innocent mistake or leave a required field blank.

The app will make sure you do not leave anything.

Once all the required fields have been set, you can generate the form. At this point, the app will automatically get the correct i131 USCIS form and fill in the details.

You will get this form by email and the instructions about what to do next.

Documents For AP (i131)

The document list may vary based on the purpose of your travel and then the type of underlying application with USCIS.

We will take the example of pending i485 and share the list of documents. We recommend sending color copies of all proofs but blank & white are also acceptable.

1. Pending i485 Receipt
2. Travel Reason Cover Letter – USCIS requires you to write an explanation letter as to why you need to travel.
3. Passport Copy (first page with your biometric information like photo etc. and last page with your address)
4. Two (2) identical passport-style photographs of yourself taken within 30 days of the filing of this application
5. Current i94 Copy
6. Approved/Pending i485 EAD card copy (if any)
7. US Driving License (if any)
8. Current EAD + AP combo card copy (if applying for AP renewal).
9. A copy of the U.S. consular appointment letter, if you are traveling to Canada to apply for an immigrant visa (Green card at the US embassy in Canada).

Advance Parole Processing Time

The current AP processing time can be found on the USCIS website or using one of the crowd-sourced case trackers.

• USCIS website – Select form i131 and then the service center based on your receipt number.

The normal time varies from 7 to 12 months. In most cases, the advance parole is approved or denied at the same time as their pending EAD application.

If your EAD has been approved, you can expect your i131 application to reach a result within the next 1-10 days as the USCIS aims to produce the combo card rather than a separate card for each.

Advance Parole Card

EAD with Advance Parole (AP)

The EAD card category will be listed as C09P if the card also works as a travel document. This is a combo card that acts as:

• EAD work Permit
• Advance Parole for Travel (I-512)

EAD without Advance Parole (AP)

For people who do not have advance parole but only an EAD approval, the card will look like this.

The EAD card will have the category listed as C09 instead of C09P and also have the annotation “NOT VALID FOR REENTRY TO U.S.” at the bottom of the card.

This can happen if:

• Your i131 was denied
• You applied only i765 EAD and did not file any i131 travel application

i131 is Denied

USCIS is supposed to deny your i131 advance parole application if you travel while it is pending. The only problem with travel apart from the i131 denial is the reentry to the US. You will need some other visa type to return to the US if you do not have an AP approval.

This is fine with people who have a visa like H1B, L1, F1, etc to return without an issue. We have discussed the status issues and how you can use AP to avoid H1B visa stamping issues here.

This can happen even if you just traveled on a cruise to Mexico or visited any US border for an i94 extension, or used an AVR to return from Canada. There are some cases in which USCIS may still approve your i131 but most attorneys suggest refiling the i131 to be on the safe side.

i131 Fee

USCIS added an advance parole application fee starting 1 Apr 2024 for people who will be filing new i485.

Anyone who filed i485 before 1 Apr, 2024 will still be eligible for free filing.

• If you filed your i485 on or after 1 Apr 2024, then, your i485 EAD application fee is $630.
• If you filed i485 before 1 Apr 2024, then there is no fee for i485 EAD renewal. It is FREE.

You can calculate the current fee using the USCIS fee calculator here. It is important to send the correct fee check if any, to avoid rejections. It can be a personal check.

FAQ