Form I-131 in 2025: When to Use Advance Parole vs. a Re-Entry Permit—and the Risks
This expert guide explains the legal purpose, eligibility, timelines, and risks for Advance Parole (AP) and the Re-entry Permit (REP). Both use Form I-131, but they protect different groups: AP shields applicants with pending benefits (e.g., I-485) while REP preserves the status of Lawful Permanent Residents during long trips. You’ll find comparison tables, step-by-step checklists, a processing-time chart, and practical strategies to avoid denials.
Form I-131
Advance Parole
Re-entry Permit
Updated 2025
Admission is determined by CBP. Travel documents ≠ guaranteed entry.
Advance Parole (AP)
Best for: I-485, TPS, asylum applicants, DACA Validity: typically 1 year- Travel authorization while a U.S. immigration benefit is pending; most common with Adjustment of Status.
- Allows departure and re-entry without abandoning the pending application (subject to admissibility).
- Often issued as a combo card with EAD; multiple entries are common.
- Admission is at CBP discretion; secondary inspection is possible.
Re-entry Permit (REP)
Best for: Green Card holders (LPR/CR) Validity: up to 2 years- Protects against a finding of abandonment of residence during long trips (usually 1–2 years abroad).
- Requires biometrics inside the U.S.; USCIS may deliver the document to a U.S. embassy/consulate abroad.
- Subject to CBP inspection; REP is strong evidence of intent to maintain residence.
AP vs REP — side-by-side
| Feature | Advance Parole | Re-entry Permit |
|---|---|---|
| Who uses it | I-485 applicants, TPS/DACA/asylum applicants | Green Card holders (LPRs/CRs) |
| Main purpose | Leave and re-enter without abandoning a pending case | Preserve LPR status during long absences |
| Validity | ~1 year (often multiple entries) | Up to 2 years (shorter for frequent users) |
| Biometrics required | Sometimes (category-dependent) | Yes (must be in the U.S. at filing & biometrics) |
| Risk at re-entry | CBP discretion; AP ≠ guaranteed admission | Lower, but CBP can question abandonment or inadmissibility |
| Form & fee | I-131 (often covered under I-485 fee for combo EAD/AP) | I-131 (+ biometrics fee, unless exempt) |
Tip: AP is about pending eligibility; REP is about preserving residence. Mixing them up is a common cause of denials.
When you must file I-131
- Advance Parole: before any international travel while I-485 is pending. Leaving without AP generally abandons the AOS.
- Re-entry Permit: file while physically in the U.S. and before departure; attend biometrics, then you may leave.
- Refugee Travel Document: also uses I-131 (not covered deeply here).
What not to do
- Do not depart for REP before biometrics.
- Do not rely on AP if you are inadmissible (unresolved removals/waivers, etc.).
- Do not stay abroad >1 year as an LPR without REP; >2 years likely requires SB-1 Returning Resident or a new petition.
Step-by-step processes
Advance Parole (inside U.S.)
- File I-131 (include I-485 receipt, ID, photos).
- Respond to RFEs promptly; maintain eligibility.
- Carry AP (or combo card) + passport for return.
Re-entry Permit (LPR/CR)
- File I-131 while in the U.S.; attend biometrics.
- After biometrics, you may depart; choose overseas delivery if needed.
- Keep evidence of U.S. ties: resident tax filing, home/lease, bank, job.
On return to the U.S.
- AP travelers: CBP discretion; bring proof your I-485 remains approvable.
- REP travelers: present permit + passport/GC; avoid repeated >1-year absences.
- Secondary inspection is normal; keep documents organized.
Warning: AP use after certain unlawful-presence bars, removal orders, or criminal issues can trigger inadmissibility on return. Seek counsel first.
Processing times (illustrative 2022–2025)
| Year | Advance Parole (months) | Re-entry Permit (months) |
|---|---|---|
| 2022 | 3.0 | 5.0 |
| 2023 | 3.5 | 6.0 |
| 2024 | 4.0 | 6.5 |
| 2025 (est.) | 4.5 | 7.0 |
Bar chart shows rising averages; verify current times with USCIS processing-time tool.
Major risks
- AOS abandonment: exiting without AP while I-485 is pending.
- Abandonment of residence: LPR abroad >1 year without REP; patterns of long absences even with REP.
- Inadmissibility on return: public-charge, criminal grounds, prior removals, security checks.
- Document loss: replacing AP/REP abroad can take months.
Common mistakes
- Departing before REP biometrics or before AP is approved.
- Using AP to “reset” unlawful presence (it won’t).
- Not filing U.S. resident tax returns as LPR while abroad.
- Ignoring USCIS notices/RFEs while outside the U.S.
Case studies
AP for I-485 applicant
A researcher with a pending I-485 filed I-131, received a combo EAD/AP, traveled for 10 days, re-entered with secondary inspection, and continued AOS without interruption.
Lesson: travel only with valid AP and proof your I-485 remains approvable (employment letter, marriage evidence, etc.).
REP for LPR on overseas assignment
An LPR accepted an 18-month posting in Europe. They filed I-131, completed biometrics, departed, and received the REP at a consulate. On return, they presented REP, U.S. tax transcripts, and home lease renewal—no abandonment issues.
Lesson: keep strong U.S. ties and avoid repeated multi-year absences.
Need a travel strategy with I-131?
We design risk-aware plans for AP and REP: eligibility review, timing, document list, and port-of-entry preparation.
Primary sources
USCIS & DOS
Policy & Guidance
- USCIS Policy Manual — AP, REP, admissibility.
- CBP — Inspection & admission
- USCIS Processing Times
Always verify the current edition of the form, fees, and category-specific rules.
FAQ
Can I travel with just the I-131 receipt?
Generally no. You need an approved AP/REP document to re-enter. A receipt does not authorize travel.
Does REP guarantee admission after 2 years abroad?
No. It strongly supports intent to maintain residence, but CBP can still question abandonment or grounds of inadmissibility.
Will Advance Parole cure unlawful presence?
No. AP allows travel and re-entry but does not erase prior immigration violations. Seek counsel before traveling.
Can I file AP and REP together?
They target different populations. If you become an LPR while on AP, future long trips require REP, not AP.
Can I leave the U.S. before REP biometrics?
Avoid it. You must be physically present for filing and biometrics; missing biometrics usually derails the REP.
Does AP ensure visa issuance for my pending category?
No. AP is a travel document only; it does not accelerate adjudication or guarantee approval of the underlying case.
How many times can I use a Re-entry Permit?
Multiple REP issuances are possible, but validity may shorten and repeated long absences can still raise abandonment concerns at CBP.
Main Types of U.S. Immigration & Business Visas
EB-2
For professionals, scientists, and advanced degree holders
EB-2A
For holders of master's or doctoral degrees
EB-2B
For professionals with exceptional ability
EB-3
For skilled, professional, and unskilled workers
O-1
For individuals with extraordinary ability (science, arts, sports, business)
EB-1
For outstanding individuals, professors, and executives
EB-1A
For individuals with extraordinary talent (science, arts, sports)
EB-1B
For outstanding professors and researchers
EB-1C
For multinational managers and executives
L-1
For intracompany transferees and managers
E-2
For investors and entrepreneurs
E-1
For entrepreneurs and companies engaged in trade with the U.S.
