New $1,000 Parole Fee Does Not Apply to Travel on Advance Parole with Pending I-485 Adjustment of Status
On October 16, 2025, the US Department of Homeland Security (DHS) published a Notice of Immigration Fee outlining how it will collect the $1,000 parole fee required by HR-1. (HR-1 is a legislative package commonly referred to as the One Big Beautiful Bill Act.) A part of this legislation adds new immigration fees, including a $1,000 fee for certain foreign nationals seeking to enter the US in parole status. This new fee applies at the time of entry to the United States, unless there is an exception.
In the US immigration context, “parole” refers to a method of entry into the US where the foreign national does not otherwise have documents for lawful entry, such as a visa stamp or permanent residence card. Parole allows US Customs & Border Protection (CBP) discretion to admit a foreign national for a variety of purposes, including for humanitarian reasons or for other significant public benefit.
Applicants for US permanent residence usually apply while physically present in the US through the I-485 Adjustment of Status process. The filing of this I-485 also allows the applicant to apply for “advance parole” — a preapproved procedure for international travel allowing return to the US as a “parolee.” The Notice of Immigration Fee outlines 10 specific exceptions to this $1,000 fee requirement. Exception #7 confirms that the fee does not apply if “[t]he alien is a lawful applicant for adjustment of status under section 245 of the Immigration and Nationality Act (INA) (8 U.S.C. 1255); and is returning to the United States after temporary travel abroad.”
The $1,000 fee is to be collected when the foreign national is seeking entry into the US, unless an exception applies. For the exception based on a pending I-485 Adjustment of Status, foreign nationals must show proof that they meet the exception by presenting the I-485 Receipt Notice confirming they have a pending I-485 Adjustment of Status application.
Entry into the US using advance parole has typically required secondary inspection at ports of entry — usually this secondary inspection is for the inspecting officer to confirm the I-485 Adjustment of Status is pending, thus allowing entry on the advance parole. With this new rule, foreign nationals will need to provide proof that they meet this exception. We recommend traveling with both the advance parole document and the I-485 Receipt Notice, both of which can be presented to the CBP inspector.
Please contact a member of the Mintz Immigration Team for more information: https://www.mintz.com/industries-practices/immigration
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