Returning to the United States after international travel requires the correct documentation, and this is especially critical for individuals with specific immigration statuses. Generally, to re-enter the U.S. lawfully, you must possess either a valid entry document or a valid and unexpired travel document. The specific type of document needed is determined by your immigration status, including whether you are a lawful permanent resident or have a pending immigration application.
It’s crucial to apply for and secure your travel documents before departing the United States. Prior to making travel arrangements, it’s advisable to check USCIS processing times to account for potential delays. For urgent travel needs, information on expedite requests and emergency travel can be found on the Expedite Request and Emergency Travel pages.
To request travel documents, including those relevant to asylees and refugees, you will need to file Form I-131, Application for Travel Document. This form covers various travel documents such as advance parole, refugee travel documents, reentry permits, and Temporary Protected Status (TPS) travel authorization.
If you are currently outside the U.S. without your necessary re-entry permit, Green Card, advance parole document, or TPS travel authorization due to loss, theft, or destruction, you should consult Form I-131A, Application for Carrier Documentation.
Important Caution: Traveling outside the United States can have significant consequences for your immigration status. Possession of travel documents does not guarantee admission back into the U.S. You will still undergo inspection at a port of entry to determine admissibility.
What is a Refugee Travel Document?
For individuals granted asylum or refugee status in the United States, the Refugee Travel Document acts as a crucial passport alternative for international travel. While it’s often referred to in broader terms, for those who have received asylum, this document essentially functions as an Asylum Travel Document, allowing them to travel and importantly, to return to the U.S. without the need for a U.S. visa.
This document is issued by USCIS to those who have been granted refugee or asylee status, as well as to lawful permanent residents who obtained their Green Card based on this status. It is compliant with international travel regulations and recognized by transportation companies.
Who Needs a Refugee Travel Document?
You are required to have a refugee travel document to re-enter the United States if you fall into either of these categories:
- You have refugee or asylee status but are not yet a lawful permanent resident (Green Card holder). Until you obtain your Green Card, this document is essential for international travel and return to the U.S.
- You are a derivative asylee or refugee. This applies to family members who derived their status from a principal asylee or refugee.
Failing to obtain a refugee travel document before leaving the U.S. can lead to serious complications. You may be denied re-entry into the United States, or you could be placed in removal proceedings before an immigration judge.
To apply for a refugee travel document, you must file Form I-131, Application for Travel Document.
Other Essential Travel Documents
While the Refugee Travel Document is vital for asylees, other travel documents cater to different immigration situations:
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Advance Parole Document: This document allows certain individuals with pending immigration applications, such as adjustment of status, to travel and return to the U.S. without abandoning their application. However, it’s important to note that having advance parole does not guarantee re-entry. It’s commonly used by those with pending Green Card applications or those who have applied to change their nonimmigrant status.
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Re-entry Permit: Lawful permanent residents (Green Card holders) who intend to stay outside the United States for a year or more should apply for a re-entry permit. This permit allows them to apply for admission to the U.S. without needing a returning resident visa.
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Temporary Protected Status (TPS) Travel Authorization: For individuals with TPS, a travel authorization document permits travel and re-entry to the U.S., provided they remain eligible for TPS. Similar to other travel documents, it does not guarantee admission upon return.
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Carrier Documentation: In situations where a lawful permanent resident’s Green Card or re-entry permit has been lost, stolen, or destroyed while traveling outside the U.S., carrier documentation may be necessary. Form I-131A, Application for Carrier Documentation, may be required in such cases to allow transportation companies to board them for return travel to the United States.
Important Considerations and Cautions
Regardless of the type of travel document you hold, keep these critical points in mind:
- No Guarantee of Admission: U.S. Customs and Border Protection (CBP) officers at ports of entry have the final authority to determine whether you will be admitted into the United States. Having a travel document simply allows you to seek entry, but admissibility is not guaranteed.
- Nonimmigrant Status and Change of Status: If you are in the U.S. on a nonimmigrant visa and have applied to change your status (Form I-539), leaving the U.S. before a decision is made on your application is likely to be considered abandonment of your application, even with advance parole.
- Pending Green Card Application: Traveling outside the U.S. without advance parole while a Green Card application is pending can be interpreted as abandoning your application. Re-entry may also be denied.
- Unlawful Presence or Removal Order: Individuals with a history of unlawful presence in the U.S. or a removal order may face inadmissibility upon attempting to re-enter, even with a travel document.
Conclusion
Navigating U.S. travel regulations with specific immigration statuses requires careful attention to documentation. For asylees and refugees, the Refugee Travel Document (asylum travel document) is indispensable for international travel and ensuring lawful re-entry to the United States. Understanding the nuances of each type of travel document and the associated cautions is crucial for a smooth and lawful return to the U.S. Always consult official USCIS resources and seek legal advice when needed for your specific circumstances.
