| 13. | How can I appeal a denial of Advance Parole? |
| | | | | If your application for Advance Parole is denied, you will receive a letter that will tell you
why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. | | |
| | | | • | A motion to reopen must state the new
facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. |  | | • |
A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made |
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| 14. | Can travel abroad still have severe consequences, even if I have obtained Advance Parole? | | | |
| | Yes, if you depart the U.S. after being unlawfully present in the U.S. for a certain period, you may be barred from admission, even if you have obtained Advance Parole. | | |
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If you were unlawfully present in the U.S. for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings, you may be inadmissible for three years | |
| • | If you were unlawfully present in the U.S. for one year or more, you may be inadmissible for ten years |
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| 15. | What is the difference between Advance Parole and Re-entry Permit? |
| | | | | The differences between Advance Parole and Re-entry
Permit are: | | | | | |
| • | Advance Parole is issued to a foreign national who does not have permanent resident status. A Re-entry Permit is issued to a permanent resident of the U.S. | |
| • | On the appearance, an Advance Parole document is a piece of paper with the foreign national's photograph whereas a Re-entry Permit looks like a passport |
| | • | Advance Parole is like a visa to the U.S. while a Re-entry Permit is like a passport |
| | • | Advance Parole is valid for one year whereas a Re-entry Permit is valid for two years |
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