Many applicants with approved Advance Parole (Form I-131) are receiving DHS notices about a new $1,000 Immigration Parole Fee, established under the One Big Beautiful Bill Act (Pub. L. 119-21). This fee applies to certain individuals who are paroled into the U.S. under INA §212(d)(5)(A). However, it does not apply to those with pending Adjustment of Status (AOS) applications — whether employment-based or family-based.

Legal Background

The new fee was introduced under 8 U.S.C. §1804, allowing DHS to collect an “Immigration Parole Fee” from individuals paroled into the U.S. for humanitarian, public benefit, or similar discretionary reasons. DHS explained the implementation in the Federal Register (90 FR 48317, Oct 16 2025), stating that the fee is collected only when DHS grants parole as a matter of discretion and determines the applicant is subject to it. The law also lists specific exceptions.

Key Exception: AOS Applicants

Exception (7) under §1804(b) provides:

“A lawful applicant for adjustment of status under INA section 245 (8 U.S.C. 1255) returning to the United States after temporary travel abroad.”

This means:

• Individuals with a pending I-485 (AOS) application are considered lawful applicants under INA §245.
  
• Their Advance Parole (Form I-512L) is not a discretionary humanitarian parole but a travel authorization tied to their AOS case.
  
• Therefore, they are exempt from the $1,000 fee, even if they receive the DHS notice.

   

What to Do

If you have a pending I-485 and receive this notice:

• Do not pay the fee.
  
• Keep the notice, I-485 receipt, and Advance Parole approval when traveling.
  
• At re-entry, if questioned, cite Exception (7) under 8 U.S.C. §1804(b). And give them t his link: https://www.uscis.gov/g-1055.

   

By: Rahul Reddy

Rahul Reddy is the founding partner of Reddy Neumann Brown PC. He founded our firm in 1997 and has over 28 years of experience practicing employment-based immigration. Rahul‘s vast knowledge of the complex immigration system makes him an invaluable resource and an expert in the field. His personal experience with the immigration system has made him empathetic to each of his clients’ cases and empowered him to help others achieve the American Dream.

Rahul‘s dedication to serving the immigrant community is evident, from his daily free conference calls to his weekly immigration Q&As on Facebook and YouTube Live. He is an active member of the immigrant community and one of the founders of ITServe Alliance. He has been a member of American Immigration Lawyers Association since 1995.