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Form I-131 Advance Parole in 2026: A Travel Document Guide for Pending Green Cards, DACA, TPS, and Asylum

Why This Form Matters in 2026

If you have a pending green card application, hold DACA, hold TPS, or have been granted asylum, the question of whether you can travel internationally is rarely simple. Travel on the wrong document, at the wrong time, or from the wrong status can erase years of immigration progress in a single airport encounter. The form that controls most of these travel decisions is Form I-131, Application for Travel Documents, Parole Documents, and Arrival and Departure Records.

For Massachusetts families in Framingham, Brockton, Everett, Lowell, Marlborough, Mattapan, Milford, Randolph, Stoughton, Boston, Worcester, and across the Commonwealth, Form I-131 is one of the most common filings I prepare. It is also one of the most consequential. A mistake on the form, or a misunderstanding of which travel category applies, can lead to abandoned applications, lost status, and removal proceedings. This 2026 guide walks through who needs Form I-131, the current fees, the new HR-1 parole fee, the protection from unlawful presence bars under Matter of Arrabally and Yerrabelly, and the practical travel risks every applicant should weigh before booking a flight.

What Is Form I-131?

Form I-131 is the all-purpose travel document application used by U.S. Citizenship and Immigration Services. Despite its single-form appearance, it actually authorizes several very different travel documents, each with its own eligibility rules, fees, and consequences. The major categories are:

Knowing which box to check on Form I-131 is the first and most important decision. The form is the same, but the legal effect of each category is completely different.

Filing Fees in 2026

The USCIS fee structure was last revised by the April 1, 2024 fee rule and is published on Form G-1055, Fee Schedule. The current edition is dated May 6, 2026. For Form I-131, the principal fees are:

Payment Note: USCIS no longer accepts personal checks, business checks, money orders, or cashier's checks for most paper filings. Pay by credit or debit card using Form G-1450 or by ACH transfer. Online filers pay directly through the myUSCIS account.

The New HR-1 Parole Fee: $1,020 in Fiscal Year 2026

On July 4, 2025, the President signed the One Big Beautiful Bill Act, Public Law 119-21, into law. Section 100004 of that statute created a new mandatory immigration parole fee. The Department of Homeland Security implemented the fee in a Federal Register notice published October 16, 2025. A subsequent inflation adjustment notice published November 19, 2025 set the Fiscal Year 2026 amount.

Key points every Massachusetts applicant should know about the HR-1 parole fee:

For practical planning, the HR-1 fee is a real and growing line item in any travel calculation. It is separate from the Form I-131 filing fee. Plan for it in the family budget before you book a return flight.

Advance Parole and the Unlawful Presence Bars

One of the most important legal protections built into the advance parole framework is the Board of Immigration Appeals decision in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012). The Board held that a noncitizen who departs the United States under a grant of advance parole has not made a "departure" within the meaning of INA section 212(a)(9)(B)(i)(II). That is the statute that creates the ten-year unlawful presence bar for noncitizens who accrue more than one year of unlawful presence and then leave. USCIS has applied the same reasoning to the three-year bar at INA section 212(a)(9)(B)(i)(I) in agency adjudications.

The practical effect is enormous. Many Brazilian and Haitian clients in Massachusetts entered the country and accrued years of unlawful presence before they qualified for a green card through marriage, a U.S. citizen child who turned 21, or another path. Without Arrabally and Yerrabelly, a single trip home would trigger a ten-year bar and require a separate I-601A waiver. With advance parole properly applied for, approved, and used, the trip does not count as a "departure" for that bar.

A few important caveats:

Risks Every Advance Parole Traveler Should Weigh

Holding an approved advance parole document does not guarantee reentry. CBP retains discretion at every port of entry. Before you board a plane, weigh these risks carefully.

CBP Discretion at the Port of Entry

CBP officers inspect every arriving noncitizen, including those holding an advance parole document. If the officer identifies a new ground of inadmissibility, evidence of fraud, or a material change in circumstances, the officer can deny parole, place the traveler in expedited removal, or refer the case for further inspection. The advance parole document is permission to seek admission. It is not admission itself.

Application Denial While Abroad

If USCIS denies your underlying I-485 adjustment application while you are outside the country, your advance parole loses its basis. Without a pending application, the document is no longer effective. This is a real risk in long international trips. The longer you are away, the more time USCIS has to issue a denial or a Request for Evidence you cannot respond to in time.

Removal Proceedings

If you are in active removal proceedings before an immigration judge, travel without permission can result in an in absentia order under INA section 240(b)(5). Even with advance parole, travel during removal proceedings is delicate. Coordination with your attorney and, in some cases, with the court is essential.

DACA Travel

USCIS continues to grant advance parole to DACA recipients for humanitarian, employment, and educational purposes. The Fifth Circuit's January 17, 2025 decision in Texas v. United States preserved the renewal pipeline while invalidating other parts of the DACA rule, and the program's long-term future remains uncertain. Many practitioners, including this office, advise DACA clients to travel only when truly necessary, to keep trips short, and to have a contingency plan if policy changes while abroad.

TPS Travel

For people with Temporary Protected Status, the proper document is now the I-512T TPS travel authorization. Departure without it can be treated as an abandonment of TPS. Departure with it preserves TPS and, depending on the country and the underlying immigration history, may create an inspected and admitted entry that supports later adjustment of status. Each TPS country and each individual case is different.

Asylum and Refugee Travel

If you have been granted asylum or admitted as a refugee, you use a Refugee Travel Document rather than advance parole. Travel to the country of feared persecution is dangerous and can trigger termination of asylum under 8 CFR 208.24. Even travel to third countries should be discussed with counsel before booking.

What to File and How

Form I-131 is filed with USCIS at the address listed in the current Direct Filing Address chart on uscis.gov. Online filing is available for most advance parole categories. A complete filing typically includes:

Standard processing for advance parole has historically run 4 to 8 months and varies by service center. Expedite requests are evaluated case by case. Emergency advance parole at a USCIS field office is available in true emergencies and usually requires an InfoPass appointment and documentary proof of the emergency.

Special Considerations for the Massachusetts Brazilian Community

The Brazilian community in MetroWest Massachusetts has unique advance parole patterns that I see in practice every week. Many clients have lived in the United States for ten or fifteen years, accrued long periods of unlawful presence, and are now eligible to adjust status through a U.S. citizen spouse or a U.S. citizen child who recently turned 21. Advance parole is often the bridge that lets a parent attend a funeral in Goias, visit an elderly relative in Minas Gerais, or attend a wedding in Sao Paulo without triggering the ten-year bar.

For Brazilian clients in particular, a few additional points matter. First, the Brazilian Consulate-General in Boston can issue or renew a passport quickly for travel emergencies. A valid passport is required to travel, even when advance parole is approved. Second, Brazilian documents required for the underlying I-485, including the birth certificate, marriage certificate, and police record, must be apostilled through a CNJ-authorized Brazilian cartorio and translated by a certified translator under 8 CFR 103.2(b)(3). Third, the State Department's narrower reading of Arrabally and Yerrabelly is most likely to surface in consular cases, which is one of the reasons many Brazilian clients choose adjustment of status with advance parole over consular processing through a U.S. consulate in Brazil.

Practical Steps Before You Travel

Before any international travel on advance parole, walk through this checklist with your attorney:

Frequently Asked Questions

What is the filing fee for Form I-131 in 2026?
The standard USCIS filing fee for Form I-131 is $630 by paper and $580 online for most advance parole categories. If you are filing Form I-131 together with a Form I-485 Adjustment of Status that already includes the advance parole filing fee, no separate I-131 fee is required for the initial filing. Reentry permits, refugee travel documents, and TPS travel authorization have their own fee rules. Always confirm current fees on the USCIS G-1055 Fee Schedule.
What is the new $1,000 HR-1 parole fee and does it apply to me?
Section 100004 of the One Big Beautiful Bill Act, Public Law 119-21, signed July 4, 2025, created a new statutory parole fee. DHS implemented the fee on October 16, 2025. For Fiscal Year 2026 the inflation-adjusted amount is $1,020. The fee is triggered when parole is actually granted at the port of entry, not when an application is filed. The statute exempts adjustment-of-status applicants who travel on advance parole and return after temporary travel abroad, as well as several humanitarian categories including aliens entering for urgent medical treatment, to attend a family member's funeral, or as adoptees on a final approved petition. Most other paroles are subject to the fee.
Does travel on advance parole trigger the 3 or 10 year unlawful presence bar?
Under the Board of Immigration Appeals decision in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), a departure under a grant of advance parole does not count as a departure for purposes of the 3-year or 10-year unlawful presence inadmissibility bars at INA 212(a)(9)(B)(i)(I) and (II). USCIS has accepted that holding in agency adjudications. The State Department, however, takes a different view in visa adjudications abroad, so people in consular processing must be cautious. Travel on advance parole still does not cure prior misrepresentations, criminal grounds of inadmissibility, or a removal order.
Can I travel on advance parole if I am in removal proceedings?
It depends. Under 8 CFR 1003.2(d) and related regulations, a respondent in removal proceedings who departs the United States generally withdraws or abandons certain pending applications. However, a grant of advance parole authorizes a return and is not treated as an abandonment for the limited purpose of the underlying adjustment application. The risk is high and the rules are technical. Anyone in removal proceedings should consult an attorney before applying for advance parole or traveling. Travel during pending removal proceedings without permission can result in an order of removal in absentia under INA 240(b)(5).
Is travel safe for DACA recipients in 2026?
USCIS continues to accept and adjudicate Form I-131 advance parole requests for DACA recipients, but the legal and political environment is unsettled. The Fifth Circuit's January 17, 2025 decision in Texas v. United States kept the door open for current DACA renewals while invalidating other parts of the rule. Travel still requires advance parole, must be for humanitarian, employment, or educational purposes, and Customs and Border Protection retains discretion at the port of entry. Many practitioners advise extreme caution and limit travel to true emergencies until the legal landscape stabilizes.
What happens at the airport when I return on advance parole?
You will be inspected by U.S. Customs and Border Protection like any other arriving noncitizen. CBP retains discretion to deny parole if it finds new grounds of inadmissibility or evidence of fraud. If parole is granted, CBP will create an I-94 record showing the parole admission, which is what you will use later to prove your physical presence and inspection for adjustment of status. Bring the original advance parole document, a valid passport, your USCIS receipt notices, and proof of any pending application. Keep the I-94 record from CBP after entry.

The Bottom Line

Form I-131 is a deceptively simple form that controls some of the most consequential travel decisions in immigration law. The right filing in the right category can let a parent see a dying grandmother in Brazil, let a DACA recipient attend a wedding in Haiti, or let an asylee study abroad. The wrong filing, or no filing at all, can erase years of pending immigration progress in a single airport encounter.

Before you book any international travel, ask three questions. What is my current immigration status. What does the law say about my ability to travel and return. And what will I show CBP at the port of entry. If the answer to any of those questions is unclear, do not travel until you have spoken with an immigration attorney. The cost of a one-hour consultation is far smaller than the cost of an abandoned green card application or an in absentia removal order.

Disclaimer: This article is for general informational purposes only and is not legal advice. Immigration law changes frequently, and every case is different. Reading this article does not create an attorney-client relationship. Before you apply for advance parole or travel internationally on any USCIS travel document, consult a licensed immigration attorney about your specific circumstances. The author makes no representations about the outcome of any individual case.

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