Emergency Travel-Former INS Officer

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.

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.

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 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 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 asylees 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. 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:

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.

Where to File

Where to file the Form I-131 depends upon the benefit sought. See the form instruction page for details.