Emergency Travel

Overview

Before leaving the United States on an emergency, aliens should find out if they require a travel document to reenter the country or whether their departure will in any way impact their current benefits application.

As a general rule, any person who is not a U.S. citizen or a non-citizen U.S. national is subject to immigration inspection each time the person travels to the United States from any place outside the United States. Even an alien who has already been admitted as a lawful permanent resident (LPR) is subject to immigration inspection, if the alien has been absent from the United States for more than 180 days, or if the alien has engaged in certain conduct that makes the alien inadmissible, such as the commission of certain crimes, attempting to return without inspection, or other reasons. If an alien who is subject to immigration inspection is determined to be inadmissible, the alien may be denied admission and, if necessary, may be ordered removed from the United States. 

An alien who is seeking admission or parole at a port of entry generally must have in his or her possession, and must present to the inspector at the port of entry, a valid and unexpired travel document. Depending on the person’s immigration status or if the person has an application for an immigration benefit pending, several types of travel documents are required if aliens (including legal permanent residents) wish to return to the United States lawfully after travel abroad.

The following sections discuss reentry permits, advance parole documents, and refugee travel documents. To apply for any of these travel documents, use Form I-131. For further information on the purpose of these documents and eligibility requirements, please refer to 8 CFR.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. In general, individuals who seek immigrant status or who are already legal permanent residents, and who depart the United States without the appropriate documentation, may be inadmissible to the United States. In addition, their applications may be denied if they do not have the proper travel documents or if they are otherwise inadmissible.

An individual who has been admitted as a nonimmigrant and has applied to extend the period of authorized nonimmigrant stay, or to change to a different nonimmigrant status, abandons the application if the individual leaves the United States before USCIS makes a decision on the application. Receipt of an advance parole document does NOT prevent abandonment of the change of status or extension of stay application. Upon returning to the United States, these aliens are likely to be denied admission unless they have a new nonimmigrant visa from the U.S. Department of State that supports admitting them in the appropriate nonimmigrant category. 

Again, it is important that the alien obtain the proper documentation before leaving the United States., Also, an alien should keep in mind that admission into the United States is not guaranteed even if the appropriate documents are obtained. 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 accruing certain periods of unlawful presence in the United States for certain periods may be barred from admission. Any “departure” from the United States may trigger inadmissibility, even if the person has obtained an advance parole document.

Those aliens who have accrued more than 180 days, but less than 1 year, of unlawful presence and who depart voluntarily before the start of removal proceedings are inadmissible if they seek admission within 3 years of the date of their departure. Those aliens who have accrued 1 year or more of unlawful presence and who depart the United States, whether or not removal proceedings have started, are inadmissible if they seek admission within 10 years of the date of departure.

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, including conditional residents) should always take their I-551 forms with them when they travel abroad. Having the Form I-551 can help them when they return to a port of entry by providing verification that they actually have been granted LPR status.

A Form I-551, however, is generally valid only if the person has not been absent for more than 1 year. LPRs may use reentry permits to seek to reenter the United States if they have been absent for 1 year or more. A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from the U.S. Embassy or consulate.

For LPRs returning to the United States, reentry permits are generally valid for 2 years from the date the reentry permit was issued. The LPR should apply for this benefit before leaving the United States.

A reentry permit can also be issued to a lawful permanent resident who, prior to departing a country abroad, applied to a Department of Homeland Security (DHS) office abroad for a duplicate Form I-551 or for a visa waiver under section 211(b) of the Immigration and Nationality Act (the Act), but who, because of emergent conditions, must depart before action can be completed on their application.

Conditional residents may also use reentry permits to reenter the United States after travel of 1 year or more. For conditional residents returning to the United States, reentry permits are generally valid for 2 years from the date the reentry permit was issued 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 United States.
USCIS does not extend the validity period for reentry permits. If a reentry permit is due to expire, the person should file an application for a new reentry permit. See Section 223 of the Act.
Please note that a reentry permit does not guarantee admission into the United States. Aliens with reentry permits are still subject to inspection at the port of entry and may be denied admission if they are inadmissible. It is also important to note that travel outside of the United States for more than 1 year under most circumstances will break the continuous residence requirement for later naturalization purposes. Travel for more than 6 months also may break the continuous residence requirement. See Section 316 (b) of the Act.

Advance Parole
Most aliens who have pending applications for adjustment of status need to obtain an advance parole document in order to leave the United States without abandoning the pending application and to return to the United States after traveling abroad. An advance parole document is issued solely to authorize the person who  travels to a U.S. port of entry to seek parole into the United States to await the adjudication of the pending application. 

An advance parole document does not permit a nonimmigrant who has a pending application for a change of nonimmigrant status or for extension of nonimmigrant stay to travel abroad without abandoning the application. If a nonimmigrant leaves while a change of status or extension of stay application is pending, the application is abandoned.

An alien’s application for an advance parole document on the basis of a pending application for adjustment of status must be approved prior to leaving the United States. Whether to grant advance parole is a matter of USCIS discretion. If an alien with a pending Form I-485 requests an advance parole document, and USCIS grants it, USCIS normally issues a 1-year, multiple-use advance parole document. If the alien leaves prior to issuance of the advance parole document, his or her application for adjustment of status will be considered abandoned. There are certain exceptions to this consequence as listed below.

The following individuals, who have a pending application for adjustment of status, may depart the United States without an advance parole document and without having their adjustment-of-status application considered abandoned:

• Individuals in H-1B (Specialty Workers) and L-1 (Intracompany Tranferee) status, and their dependents (H-4 and L-2), who maintain their status and possess valid visas;
• Individuals in V-2/3 visa status who maintain valid V nonimmigrant status and possess a valid V visa or who will obtain a V visa before applying for readmission to the United States;
• Individuals in K-3/4 nonimmigrant status who have maintained their status and possess a valid nonimmigrant visa or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the United States. (Note: Upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to be eligible for that status.)
• Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for an advance parole document.

In certain circumstances applicants for other immigration benefits, such as under NACARA, HRIFA, or Temporary Protective Status, may be able to obtain an advance parole document.
Aliens in the United States should, prior to departure, obtain an advance parole document in order to return to the United States after travel abroad if they have:

• Filed an application for adjustment of status but have not received a decision from USCIS;
• Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; or
• An emergent personal or any other non-emergent bona fide reason (such as a need for business travel) to travel temporarily abroad.

Any person who is in the United States, but has accrued at least 180 days of unlawful presence, should carefully consider whether to leave the United States with an advance parole document. As discussed earlier, leaving the United States may make the person inadmissible to the United States. Even if the person is paroled into the United States upon return, the alien may no longer be eligible for adjustment of status. 

Beneficiaries outside of the United States seeking parole due to extraordinary, emergent, humanitarian circumstances should mail Form I-131 to the following address:

U.S. Citizenship and Immigration Services
Attn: Chief, International Operations Division (Humanitarian Parole)
20 Massachusetts Avenue, NW, Room 3300
Washington, DC 20259

USCIS generally will not grant an advance parole document to an alien who is in the United States if the alien is:

• In the United States illegally;
• An exchange alien subject to the foreign residence requirement; or
• In exclusion, deportation, removal, or rescission proceedings.

Please note that issuance of an advance parole document does not guarantee admission into the United States. In fact, an alien who has an advance parole document will generally be paroled into the United States, rather than admitted.  Aliens with advance parole documents are still subject to immigration inspection at the port of entry. A separate decision whether to parole the alien is made each time the person presents himself or herself for inspection at a port of entry with the advance parole document. 

If an applicant is granted an advance parole document, but is determined upon return to the United States to be inadmissible (and parole is not appropriate), he or she will be placed in removal proceedings challenging their admissibility.
For more information on Advance Parole, please read our Travel Advisory.

Refugee Travel Document

A refugee travel document allows aliens who were admitted to the United States as refugees or who were granted asylum to return to the United States after travel abroad. The refugee or asylee should apply for a refugee travel document before leaving the United States. In some cases, immigration officials may issue travel documents to refugees or asylees who are physically outside of the United Stastes. See 8 CFR 223.2(b)(ii)

A refugee travel document does not guarantee admission to the United States. An alien with a refugee travel document is still subject to inspection and may be denied admission if the alien is inadmissible. 

Humanitarian Parole

The Secretary of Homeland Security may allow any alien applying for admission to the United States temporary parole into the United States 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. See 8 CFR 212.5.

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 USCIS-issued Travel Document
The alien must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos, and applicable fees, in order to obtain a reentry permit, a refugee travel document, or an advance parole document. 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 submit with the Form I-131:

• A copy of the alien registration receipt card; or
• If the individual has not yet received an alien registration receipt card, a copy of the biographic page of his or her passport and the passport page 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.

An alien who files a Form I-131 to obtain a reentry permit must pay the filing fee of $305, plus a biometric fee of $80 (for applicants ages 14 through 79). The $305 filing fee cannot be waived, but the applicant may seek a waiver of the $80 biometrics fee. 

How to File For Advance Parole

If the alien is a permanent resident or conditional resident, he or she must submit with the Form I-131:

• A copy of the alien registration receipt card;
• If the individual has not yet received an alien registration receipt card, a copy of the biographic page of his or her passport and the passport page 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.

An alien who files a Form I-131 to obtain a reentry permit must pay the filing fee of $305, plus a biometric fee of $80 (for applicants ages 14 through 79). The $305 filing fee cannot be waived, but the applicant may seek a waiver of the $80 biometrics fee. 

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 include with the Form I-131:

• 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.

An alien who files a Form I-131 to obtain a refugee travel document must pay the filing fee of $305, plus a biometric fee of $80 (for applicants ages 14 through 79). The $305 filing fee cannot be waived, but the applicant may seek a waiver of the $80 biometrics fee. 

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

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 reenter the country and lead to the denial of any other applications pending.