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Overview
Before leaving the U.S. on an emergency, aliens should determine if they
require a travel document to re-enter the country. There are several types
of travel documents that aliens (including legal permanent residents) must
obtain if they wish to re-enter the country after travel outside of the
U.S. The following sections examine re-entry permits, advance parole, and
refugee travel documents. To apply for any of these benefits, use Form
I-131. A summary is provided below.
Caution
Due
to recent changes to U.S. immigration law, travel outside of the United
States may have severe consequences for aliens who are in the process of
adjusting their status, extending their nonimmigrant stay, or changing
their nonimmigrant status. Upon return, these aliens may be found
inadmissible, their applications may be denied, or both. It is important
that the alien obtain the proper documentation before
leaving the U.S.
Admission into the U.S. is not
guaranteed. In all cases, the alien is
still subject to immigration inspection at a port of entry to determine
whether the alien is admissible into the country.
Unlawful Presence
Under the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, aliens
who depart the United States after being unlawfully present in the United
States for certain periods may be barred from admission, even if they have
obtained Advance Parole. Those aliens unlawfully present in the United
States for more than 180 days but less than one year and depart
voluntarily before the start of removal proceedings are inadmissible for
three years; those who are unlawfully present for one year or more are
inadmissible for ten years.
Aliens who have concerns about admissibility should
contact an immigration attorney or an immigrant assistance organization
accredited by the Board of Immigration Appeals before making foreign
travel plans.
Re-Entry Permit
Lawful Permanent Residents (green card holders) use re-entry permits to
re-enter the U.S. after travel of one year or more. For LPR¨s returning
to the U.S., re-entry permits are generally valid for two years from the
date of issuance of the re-entry permit. The LPR should apply for this
benefit before leaving the U.S.
Conditional residents
use re-entry permits to re-enter the U.S. after travel of one year or
more. For conditional residents returning to the U.S., re-entry permits
are generally valid for two years from the date of issuance of the
re-entry permit or until the date the conditional resident must apply for
the removal of conditions, whichever comes first. The conditional resident
should apply for this benefit before leaving the U.S.
Please
note that a re-entry permit does not guarantee admission into the U.S.
Aliens with re-entry permits are still subject to the inspection process
at the port of entry. It is also important to note that travel outside of
the U.S for more than one year will under most circumstances break the
continuous residence requirement for later naturalization purposes. Travel
for over 6 months may break the continuous residence requirement.
Advance Parole
Most aliens who have pending applications for
immigration benefits or for changes in nonimmigrant status need Advance
Parole to re-enter the U.S. after traveling abroad. Aliens applying for
advance parole on the basis of a pending application for adjustment of
status must be approved for advance parole prior to leaving the United
States in order to avoid the termination of their pending application for
adjustment. Note: this does not apply to aliens who have applied to adjust
to permanent resident status and who maintain H-1B (Specialty Worker) or
L-1 (Intracompany Transferee) status, or their dependents, who have
applied to adjust to permanent resident status and who have valid H-1B or
L status and valid visas, V nonimmigrants who have a valid V nonimmigrant
visa, are in valid V nonimmigrant status and have or obtain a valid V
nonimmigrant visa before applying for readmission to the US, and K-3/4
nonimmigrants who have applied to adjust to permanent resident status and
who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant
status and have or obtain a valid K-3/4 nonimmigrant visa before applying
for readmission to the US.
Aliens in the United States should, prior to
departure, obtain Advance Parole in order to re-enter the United States
after travel abroad if they have:
，
Filed an application for
adjustment of status but have not received a decision from the CIS;
，
Hold refugee or asylee status
and intend to depart temporarily to apply for a U.S. immigrant visa in
Canada; and/or
，
An emergent personal or bona
fide reason to travel temporarily abroad. Applicants who are the
beneficiary of a Private bill and Applicants who are under deportation
proceedings must file at Parole and Humanitarian Assistance Branch, 425 I
Street, NW, ATTN: International Affairs, Washington, DC 20536
Aliens in the United States are not eligible for
Advance Parole if they are:
，
In the United States
illegally;
，
An exchange alien subject to
the foreign residence requirement;
Please note that Advance Parole does not
guarantee admission into the U.S. Aliens with Advance Parole are still
subject to the immigration inspections process at the port of entry.
Refugee Travel Document
A refugee travel document allows people who are or once were refugees or
asyless to return to the U.S. after travel abroad. The refugee or asylee
should apply for this benefit before leaving the U.S. In
some cases, immigration officials may issue travel documents to refugees
or asylees who are physically outside of the U.S.
Humanitarian Parole
The Secretary of Homeland Security may allow any alien applying for
admission to the United States temporary parole into the U.S. for urgent
humanitarian reasons or significant public benefit. This benefit is
granted sparingly, on a case-by-case basis.
How to File
The alien must file Form I-131, Application for a Travel Document,
complete with supporting documentation, photos and applicable fees.
See the application for specific filing
instructions.
How to File For a Re-Entry
Permit
If the alien is a permanent resident or conditional resident, he or she
must attach:
，
A copy of the alien
registration receipt card; or
，
If he has not yet received his
alien registration receipt card, a copy of the biographic page of his
passport and the page of his passport indicating initial admission as a
permanent resident, or other evidence that the alien is a permanent
resident; or
，
A copy of the approval notice
of a separate application for replacement of the alien registration
receipt card or temporary evidence of permanent resident status.
How to File For Advance Parole
An alien in the U.S. and applying for an Advance Parole document for him-
or herself must attach:
，
A copy of any document issued
to the alien by U.S. immigration officials showing present status in the
United States;
，
An explanation or other
evidence demonstrating the circumstances that warrant issuance of Advance
Parole.
，
If the alien is basing his or
her eligibility for Advance Parole on a separate application for
adjustment of status or asylum, he must also attach a copy of the filing
receipt for that application.
，
If the alien is traveling to
Canada to apply for an immigrant visa, he or she must also attach a copy
of the consular appointment.
How to File For a Refugee
Travel Document
If the alien is a refugee or asylee applying for a refugee travel
document, he or she must attach a copy of the document issued by U.S.
immigration officials showing the alien¨s refugee or asylee status and
indicating the expiration of such status.
When
to File
The alien must apply for the travel document before
leaving the United States. Failure to do so may cause the alien to lose
permission to re-enter the country, and lead to the denial of any other
applications pending.
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