Advance Parole Applicants: How the New $1,000 Immigration Parole Fee Affects I-485 Applicants

Starting October 16, 2025 the Department of Homeland Security (DHS) has implemented a new statutory $1,000 fee for immigration parole, applicable to most individuals granted parole into the United States.   Subsequently around and after November 1, 2025 many I-131 advance parole applicants (with pending or approved advance parole applications, including some who already have green cards approved) have been receiving an Immigration Parole Fee Notice (sample PDF) advising them of the new $1,000 fee.   This alert seeks to clarify the applicability of this fee to applicants who have a pending I-485 application.

Background of The New Immigration Parole Fee

The One Big Beautiful Bill Act (HR-1, Public Law 119-21) established a new immigration parole fee, which DHS officially implemented on October 16, 2025.   The fee is set at $1,000 for Fiscal Year 2025 and will be subject to annual adjustments.  The fee applies to “any alien who is paroled into the United States.”   DHS interprets this requirement broadly—meaning it applies each time an individual is granted parole under INA §212(d)(5)(A), including initial parole, re-parole, or parole from DHS custody.

The obligation to pay the fee arises upon the actual grant and effectuation of parole at entry, not upon the filing of Form I-131 (Application for Travel Document).

The November 2025 Immigration Parole Fee Notice

Starting November 1, 2025 I-485 applicants who have applied for an I-131 advance parole are receiving  an Immigration Parole Fee Notice.   So far this notice appears to be sent electronically to the myUSCIS accounts of applicants although mailed copies may follow.   It appears that the notice is targeted broadly – we are seeing reports of this notice being sent to I-485 applicants with pending or approved I-131 advance parole applications but also to I-485 applicants who have already received their green card approvals.

This notice seems to serve as an advance warning the advance parole travel document may be subject to the new $1,000 parole fee each time when the applicant returns to the U.S.

The Critical Exception for I-485 Applicants (Exception 7)

For individuals with a pending Form I-485, HR-1 provides a key exemption under Exception (7).

You are (A) a lawful applicant for adjustment of status under INA section 245 (8 U.S.C. 1255); and (B) returning to the United States after temporary travel abroad;

This is the principal safeguard for advance parole travelers returning from temporary trips abroad.  An I-485 applicant is exempt from the $1,000 parole fee if they can establish both that they:

• Are a lawful applicant for adjustment of status under INA §245 (8 U.S.C. §1255); and
• Are returning to the United States after temporary travel abroad.

To qualify for the exception, travelers who seek to be admitted into the U.S. using advance parole must affirmatively present documentation to CBP at inspection to show that they have a pending I-485 (the I-485 receipt notice) in addition to having a valid Form I-512L Advance Parole Document confirming authorization to travel and return.

I-485 Applicants Entering in H or L Status

Importantly, the new parole fee does not apply to I-485 applicants who are returning to the U.S. under a valid H-1B, H-4, L-1, or L-2 nonimmigrant visa status.  These individuals are not being paroled but rather admitted in their existing nonimmigrant classification. Accordingly, the fee applies only to those using advance parole (Form I-512L) as their means of re-entry—not to those entering in a recognized visa status.

Conclusion

Our firm is closely monitoring DHS’s implementation of this new fee and its application to advance parole holders. If you have received an Immigration Parole Fee Notice or are planning travel under an advance parole document, please contact us.    We offer flat fee engagements and phone consultations.   Also, please subscribe to our free weekly newsletter to obtain further news and developments on this topic.