Application for Travel Document: Help With USCIS Form I-131

The Form I-131 Application for Travel Document is used to apply for three specific and separate things:

a refugee travel document
a reentry permit, or
advance parole.

We'll explain what all three are here, and how to apply for them.

Using Form I-131 to Apply for a Refugee Travel Document

A refugee travel document is necessary when a refugee or asylee wishes to leave the U.S., in order to present to the border officials upon return. It also works like a passport, for foreign travel.

Before you plan your trip, be aware that if you intend to keep your asylee or refugee status long-term or apply for a U.S. green card, traveling back to the country from which you sought protection could be very risky. You must continue to meet the definition of a refugee until you become a U.S. permanent resident. By returning, you give the U.S. government grounds upon which to conclude that you did not really need protection after all. Talk to an immigration lawyer for details.

In filling out Form I-131, you will want to check box b or c of Part 2 (depending on whether you already have a U.S. green card). You can skip Parts 5 and 7, but be sure to fill out Part 6.

You should submit your I-131 before leaving the U.S., but can ask that it be sent to an overseas address or consulate. If an emergency required you to leave the U.S. without applying for your refugee travel document, you can apply to USCIS at one of its overseas offices.

Using Form I-131 to Apply for a Reentry Permit

A reentry permit is for use when a U.S. lawful permanent or conditional resident (green card holder) wishes to leave the U.S. for a period of between one and two years, but does not wish to be viewed as having abandoned his or her U.S. residence (which would require a separate application for a returning resident visa at a U.S. consulate). (For details on abandonment of residence, see "Avoiding Abandonment of Residence.")

You must be in the U.S. when you apply for a reentry permit, and you must attend your biometrics appointment before leaving. You can request to pick up the permit up at a U.S. embassy. The permit itself looks similar to a passport, and will contain your photo. It will expire after two years (unless you had already spent more than four of the last five years outside the U.S. before applying, in which case the expiration date will be in only one year).

In filling out Form I-131, you will want to check box a of Part 2. Be sure to fill out Part 5. You can skip Parts 6 and 7.

Using Form I-131 to Apply for Advance Parole

There are three situations in which someone might need to apply for advance parole, as follows:

You are in the U.S. with a status that does not include travel privileges, such as with a pending asylum application or TPS, and you need to leave the U.S. and return without having to apply for a separate visa.
You have a pending adjustment of status (green card) application with USCIS, and might travel during the (possibly long) wait for your interview or decision, but do not want USCIS to conclude from your departure that you have abandoned your application. Your reason for traveling does NOT have to be for an emergency or a business matter, despite what the USCIS instructions say.
You are outside the U.S. and cannot obtain a U.S. visa or are inadmissible, but need to enter the U.S. for emergency or humanitarian reasons.

In the first two situations described above, you must not leave the U.S. until your advance parole is approved. Once approved, your advance parole document -- which is basically a piece of paper containing your photo -- gives you the right to enter the U.S. or to travel outside the U.S. and return, good for up to one year. When you enter or reenter the U.S., you will be in "parolee" status. (That can have its own immigration law implications; consult an attorney for a full analysis.)

There is an exception made for adjustment of status applicants who hold valid H-1 or L-1 visas. So long as they and their dependents are maintaining their nonimmigrant status (in particular, their permitted stay under their visa has not expired and they have a valid visa for reentry), they do not have to file for advance parole. USCIS will keep their application active.

Note: If applying for adjustment of status, you can (and to avoid a separate fee, should) submit the I-131 at the same time as your I-485 and other adjustment of status paperwork.

Be warned: Obtaining advance parole does not guarantee that you will be allowed to return to the United States. If, for example, you have spent time in the U.S. unlawfully (perhaps after the expiration of a visa) and you leave, you risk being barred from reentry (inadmissible) for three or ten years, depending on how much time you spent illegally in the United States. For details, see "Three- and Ten-Year Time Bars (Inadmissibility) for Unlawful Presence."

In filling out Form I-131, you will want to check box d, e, or f of Part 2 (depending on whether you are currently inside or outside the U.S., or whether someone else is submitting this form on your behalf). You can skip Parts 5 and 6, but be sure to fill out Part 7.

Preparing the Form I-131 Packet

In addition to filling out the USCIS form, you will need to attach various documents, and in most cases a fee for the application. Refugee and reentry permit applicants between the ages of 14 and 79 need to add an additional fee for biometrics (fingerprinting). The documents include:

a copy of a photo identity document (such as a drivers' license, green card, or passport) showing your photo, name, and date of birth
two photos (for advance parole or refugee travel document only; reentry permit applicants need not include photos, because their photo will be taken during the biometrics appointment)
if applying for a reentry permit, a copy of both sides of your green card, or a copy of other proof of your permanent resident status (such as an I-551 stamp in your passport)
if applying for advance parole with a pending adjustment of status application, a copy of your application receipt notice from USCIS
if applying for advance parole on some other basis, copies of documents proving your current status and the reason for your request, and
if applying for a refugee travel document, a copy of your I-94 or other proof of your asylee or refugee status.

Plan ahead, particularly if you need to attend a biometrics appointment or obtain an answer from USCIS before leaving the United States. It can take several weeks to be called in for biometrics, and two to three months to get the document you need.

To what location you will submit your photos and documents depends on the category in which you are applying. Download the USCIS instructions from the I-131 Web page for details. Also see "How to Prepare and Send Immigration Applications."

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