What Constitutes a Travel Permit?
A travel permit is a crucial document for individuals residing in the U.S. who are awaiting their green card. It allows them to travel internationally without jeopardizing their ongoing green card application.
What is the Purpose of USCIS Form I-131?
USCIS Form I-131, also known as the Application for Travel Document, is used to request various types of travel documents. These include re-entry permits, refugee travel documents, Temporary Protected Status (TPS) travel authorization, and advance parole travel documents, which are detailed in this guide.
Can You Explain Advance Parole?
Advance Parole is a specific type of travel document that enables you to return to the U.S. without needing a new visa and without voiding your current immigration application. It is particularly useful for those with pending applications for permanent residence, adjustment of status, or asylum.
Leaving the United States without a valid travel document during the pendency of your green card application can result in its termination. Therefore, even if you don't have any urgent travel plans, it's still a good idea to apply for a travel document when you initially submit your green card application. This proactive measure guarantees that you won't have to cancel your plans because of your pending application if you suddenly need to travel for any reason, such as an urgent business meeting, family emergency, or other pressing problem.
Why Securing a Travel Document is Crucial for Your Immigration Journey
Advance Parole is a critical document for individuals residing in the United States under certain immigration applications, such as those for a green card. Unlike what might be suggested by popular legal dramas, "advance parole" in immigration terms simply means obtaining pre-approval to re-enter the United States after traveling abroad.
Leaving the U.S. without this document during the pendency of your green card application can lead to severe consequences. The U.S. Citizenship and Immigration Services (USCIS) may deem your application abandoned, resulting in its denial. This not only requires you to restart the application process, including repaying all associated fees, but it might also jeopardize your ability to re-enter the country.
To avoid such complications, it’s advisable to secure an Advance Parole document before traveling abroad. This ensures continuity in your residency status and avoids the risk of invalidating your ongoing applications. By planning ahead, you safeguard your ability to travel without disrupting your path to permanent residency.
Guide to Applying for a Travel Document
To efficiently secure a travel document, it's best to include Form I-131 ("Application for Travel Document") when you initially submit your marriage green card application package to USCIS. This should be done alongside the main forms, such as I-130 and I-485.
Ensure you attach a copy of your photo identification, like the photo page of your passport, and two passport-sized photos to your application. Notably, there is no additional fee for filing the travel document application (Form I-131) if it is submitted concurrently with your initial green card application (Form I-485, for applications filed after July 30, 2007).
If your green card application has already been filed and you need to travel, you can still apply for a travel document. When submitting Form I-131 to USCIS in this scenario, include a copy of your photo ID, two passport-sized photos, and the receipt notice from your previously submitted green card application. Please note that a fee of $630 is required to file Form I-131 if your green card application is pending.
Essential Tips for Travel Document Renewal and Travel Restrictions
It is crucial that you wait until you have actually received your travel document before leaving the United States. For those holding a marriage-based green card, there are generally no travel restrictions, provided that you return to the U.S. before your travel document expires. The expiration date is clearly printed on the document itself.
Typically, a travel document remains valid for one year from the date of issuance, and it is usually issued within 150 days of submitting your application to USCIS—though this can vary, especially with recent backlogs that have extended processing times. USCIS maintains an online database updated monthly where you can check the latest processing times for these documents.
If your green card has not yet been issued and your initial travel document is nearing expiration, it is advisable to apply for renewal about 120 days before the expiration date. This proactive approach helps ensure there are no periods during which you are unable to travel. The processing time for a renewal typically mirrors that of the initial application, which is about 150 days or more, depending on the current backlog.
To renew your travel document, you need to submit Form I-131 along with a copy of your current travel document, a copy of the receipt notice from your green card application, and two passport-sized photos. Importantly, there is no fee for renewing your travel document. This planning is essential to maintain continuous travel capability without interruption.
Obtaining an Expedited Travel Document in Emergency Situations
In urgent circumstances, such as a family emergency abroad, you can apply for an expedited travel document. USCIS provides these documents quickly for situations involving the death or severe illness of a family member outside the United States. To pursue this expedited process, schedule an appointment with your local USCIS office. When attending the appointment, ensure you bring a completed I-131 form, two passport-sized photos, and compelling evidence of the emergency. Acceptable documentation may include a death certificate, relevant medical records, or a physician’s letter detailing the family member's condition. There is no additional charge for processing an emergency travel document.
Planning Your Travel During the Green Card Application Process
The issuance of a travel document typically takes up to 150 days after your application is submitted, though it may take longer in some cases. It's important not to leave the country until you receive your approved travel document. As such, you should be prepared to remain in the United States for approximately 3–5 months post-application.
While a travel document allows you to stay outside the U.S. for up to one year, extended stays are generally impractical for green card applicants. This is because being abroad for too long might cause you to miss critical appointments for fingerprinting and your green card interview. If you're unable to attend these appointments, it's crucial to follow the rescheduling procedures outlined on your USCIS appointment notice immediately.
To manage USCIS communications effectively while you are abroad, consider arranging for someone back home, like a friend or neighbor, to monitor your mail and alert you to any important notices from USCIS. This setup ensures that you remain informed and can respond promptly to any required actions regarding your application.
Re-Entering the U.S. with a Travel Document While Awaiting Green Card Approval
Upon re-entering the United States with a travel document, remember that your status as a permanent resident has not yet been established. Instead, you'll be categorized as an "arriving alien." It is not uncommon for travelers with travel documents to undergo secondary inspection at the border. This is a routine check, often to confirm the status of your pending green card application, so there's no need for concern if you are selected for this process.
However, possessing a travel document does not absolutely guarantee re-entry into the U.S. It's important to consider the necessity of your travel against the possibility of being denied entry if there are any reasons that could make it more difficult for you to be admitted at the border, such as past instances of unauthorized presence in the country. Leaving the U.S. after having lived here without legal status can activate a re-entry ban lasting three or ten years, depending on the duration of the unlawful presence.
Traveling abroad should therefore be avoided until after your green card is obtained if your immigration background contains any such problematic circumstances. However, it is usually advantageous and offers no additional risks to apply for a travel document at the same time as your green card application. This ensures that should the need or opportunity for travel arise, you are prepared and legally equipped to leave and return to the U.S. without jeopardizing your green card application.