Emgergency Travel

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. For further information on the purpose of these documents and eligibility requirements, please refer to 8CFR.223.1.

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.

The Bureau does not extend re-entry permits. See Section 223 of the Immigration and Nationality Act.

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. See Section 316 (b) of the Immigration and Nationality Act.

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. Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Immigration and Nationality Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for advance parole.

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 USCIS;
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 to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, 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. For more information on Advance Parole, please read our Travel Advisory.How We Serve Our Clients

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.
For more information, visit our Humanitarian Parole page.

How to File

The alien must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees. This form can be downloaded from our Forms and Fees page.
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:

1. A copy of the alien registration receipt card; or
2. 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
3. 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:

1. A copy of any document issued to the alien by U.S. immigration officials showing present status in the United States;
2. 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.
3. 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.

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.

When the need to travel outside of the United States arises, our attorneys will consult with you to determine the necessity for a travel document such as Advance Parole.  We will detail the risks of pending immigrant petitions if you need to travel. We take into account such issues as your preferences, need to travel abroad, current non-immigrant status, and  employment situation.  We will thoroughly discuss with you all options and strategies to ensure that you can make an informed decision in the matter.  Our staff with also work with you to prepare all required documentation and prepare you for interviews by United States government officials.  We are also available via telephone or e-mail to answer any questions as they arise.

Introduction

An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

Eligibility

Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence.

Work Permit

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently. Please see How Do I Get a Work Permit? for more information.

Travel Outside the United States

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted to return to the United States. For more information, please see How Do I Get a Travel Document?.

Checking the Status of Your Application

Please contact the USCIS office that received your application. You should be prepared to provide USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS offices.

Appeals

The only applications for permanent residency (Form I-485) which can be appealed to USCIS are those based on a marriage which took place while the alien's application was in process or those based on Section 586 of Public Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia and Laos. These appeals must be made to the Administrative Appeals Unit (AAU).

Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal A Denial of My Application or Petition

Application Procedures

If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:

1. Form I-485 Application to Register Permanent Residence or Adjust Status;
2. Please review Supplement A to Form I-485 to see if additional fee requirements apply to you;
3. Form G-325A Biographic Data Sheet (Between the ages of 14 and 79);
4. Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa);
5. Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.);
6. Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.);
7. Form I-765 Authorization for Employment (if seeking employment while case is processed).;
8. Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record).

In addition:

1. If you have already been approved for an immigrant petition , you must submit a copy of the approval notice sent to you by the USCIS.
2. If someone else is or has filed a petition for you that, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions.
3. If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
4. If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States. You also must submit USCIS Form I-643 (Health and Human Services Statistical Data).
5. If you are a Cuban citizen or native, you must use USCIS Form I-485 (Application to Register Permanent Residence or Adjust Status) and submit evidence of your citizenship or nationality.
6. If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
7. If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.
8. If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.