If you plan to travel and leave the country temporarily, whether for family or work reasons, you should consider requesting the appropriate U.S. exit permit to safeguard your immigration status.
As an immigrant to the U.S., it is crucial to understand the importance of the Form I-131 before planning any travel out of the country, as any error in the process can result in serious problems, such as the inability to re-enter the United States. At Jaskot Law we tell you everything you need to know about the travel permit to leave the United States.
What does the Application for Travel Document to leave the United States consist of?
Application for Travel Document to leave the U.SS is a mechanism of the immigration system by which a Green Card applicant can obtain permission to leave the country without interrupting his or her Adjustment of Status application and safely re-enter the country later on.
Form I-131, officially known as the Application for Travel Document, and issued by the U.S. Citizenship and Immigration Services (USCIS) is essential for obtaining an Advance Permit, Reentry Permit, Refugee Travel Document, or TPS authorization.
If you are already a beneficiary of a U.S. visa, you can check what are the requirements to travel with the VAWA Visa or Sijs Visa, so you can plan your travel outside the U.S.
Why is it necessary to obtain a permit to leave the United States?
In the United States, one of the requirements to obtain a Green Card is to stay in the country.Therefore, if your Adjustment of Status is still pending, and you have to travel outside the country, it is important that you apply for a special permit in order to be able to mobilize without affecting your application..
The U.S. Citizenship and Immigration Services issues several types of travel documents, among them are the Advance permission, Re-Entry Permita Refugee Travel Documentor a TPS authorization.It is important to apply for the appropriate one so as not to be subject to the possibility of inadmissibility after leaving the United States.
What is important to consider when applying for travel authorization through Form I-131?
In the world of immigration, knowing the correct procedures is crucial to avoid application complications and to continue betting on a future in the United States. Therefore, it is important to take into account several factors in order to obtain a travel permit.
This is a vital process for immigrants in the United States that allows a holder to travel internationally and return to the country without a visa. However, in addition to the relevant documents, it is necessary to know that not all immigrants are eligible to apply for this permit.
Who can apply for permission to leave the country with Form I-131?
The Form I-131 is crucial for leaving U.S. soil when your adjustment of status application is pending. This form and each individual case is evaluated by the U.S. Citizenship and Immigration Services before a determination is made. Some of those who may apply for this permit are:
- Applicants for Adjustment of Status.
- Applicants for Temporary Protected Status (TPS).
- Asylum seekers.
- Beneficiaries of T or U non-immigrant Temporary Protected Status (TPS).
- Beneficiaries of the Family Unity Program.
- Be a DACA beneficiary.
- If you have a pending application for temporary residence under section 245(A) of the U.S. Immigration and Nationality Act.
Who may not apply for permission to leave the United States?
In the U.S. immigration legal landscape, there are certain individuals who may face restrictions to apply for a Travel Document to leave the country, among them, we can mention the following cases:
- Those residing illegally in the United States.
- Those who have a deportation order.
- Those who have a valid re-entry document.
- Those who have a refugee document.
- Those who hold a visa with a foreign residence permit or a J visa.
These restrictions are part of U.S. immigration policies and are crucial to maintaining order and security. It is necessary to keep these guidelines in mind to avoid any complications or denials of entry to the country in the future.
How much does it cost to apply for a travel permit to leave the United States?
Currently, the filing fee for the Application for Travel Authorization Document (Form I-131) is $575. However, this amount may differ if other forms are attached, or if biometric data collection is requested.
To avoid confusion and to stay informed about processing and filing fees, you can check the official fees on the U.S. Citizenship and Immigration Services website.
How long does it take to obtain the Travel Document?
When you or a loved one is in the middle of immigration proceedings in the United States, applying for permission to travel is necessary, but how long does it take to apply for permission to leave the United States? This is an important issue, as it may affect your plans and the length of your stay outside the country.
The answer to this question depends on several factors, including the status of your immigration case and the time it takes USCIS to process your application. The approximate timeframe is 4 to 6 months, however, you should check with the office processing your application to be sure and make any changes to your plans.
Steps to follow to make an Application for a Travel Document
For those who are in the process of adjusting status or are applying for legal status in the United States, it is vital to apply for permission to leave the country so that the application is not considered abandoned. The petitioner must complete this document with truthful information, pay the appropriate fees and file it with USCIS along with any additional documents that may be required.
It is of utmost importance that the permit applicant does not leave U.S. soil before the permit has been issued, otherwise the permit application will be considered abandoned. The following are the steps to follow to apply for a Travel Document.
STEP 1: Complete the Form I-131. This form must be completed in its entirety with truthful information and filed with USCIS. Currently, the form can be completed online or on paper, after downloading the most recent version.
STEP 2: Collection of documents and payment of fees. After completing the Form I-131, it is necessary to prepare all the documents that will be filed together. These include:
- Notice of receipt of Form I-485 from USCIS.
- Two passport style photographs.
- Document showing current immigration status issued by USCIS.
- Photocopy of ID issued by the government.
- Marriage certificate, if the application is based on the request of a spouse.
- Birth certificate of a child, if the application is based on the request of a child.
- Evidence and reasons for travel.
Please note that the documentation to be submitted to USCIS must have a certified English translation if written in a foreign language. In addition, the corresponding filing fee, which is currently $575, must be paid.
STEP 3: Filing Form I-131. USCIS offers two filing methods for this form, online or by mail. The submission must include the form and all supporting documents.
STEP 4: Wait for a resolution. Once you have submitted your application, you must wait for USCIS to process your application and make a decision.
What happens if my Form I-131 is approved?
If your Form I-131 is approved by the U.S. Citizenship and Immigration Services, you will receive your travel document in the mail, which may be a reentry permit card, a refugee travel document, or an advanced travel document. This document will be the legal evidence that you have permission to travel outside the United States and return safely.
However, at Jaskot Law we advise you to check the validity date of such document and plan your trip according to these dates to avoid any inconvenience. Plan your trip and itinerary so that there are no loose ends or random situations, and, in case you need to stay away for a longer period of time, request a renewal of your travel document.
Reasons for denial of my Form I-131
There are several reasons why a Form I-131 may be denied, one of the most common being the failure to submit relevant supporting documents, but in a global framework we can include the following:
- Incomplete application or documentation: the Travel Document application may be rejected by USCIS if any, or several, of the application fields are incomplete, or if supporting documentation is not attached to the Form I-131 filing.
- Eligibility: USCIS may reject your application if there is no proof of your immigration status, or your ties to the United States.
- Criminal record: Having a criminal record may be grounds for illegibility, especially if they are felonies.
- Immigration Violations: If violations of U.S. Immigration Law have been committed, USCIS will reject your application.
- Danger to national security: If the granting of the Travel Document presents a threat to national security, USCIS will deny the application.
What if I need to travel urgently, and what is it like to travel with the Travel Document?
If you need to leave the United States urgently, there are ways to expedite the Travel Document Application process. For this, you will need to contact USCIS, through their telephone line, or by appointment at a nearby location, and have the relevant documentation ready and prepared for submission, including evidence to support the expedited application. USCIS will then determine if you qualify for expedited processing.
You will be able to leave the United States once you receive your Travel Document, which you must present to the appropriate authorities with your passport or valid travel document. You will be able to stay out of the country for the time stipulated in your document, but you should always check the dates and keep in mind that your permit may be revoked by USCIS. If you intend to extend your stay abroad, you must apply for a renewal.
Frequently Asked Questions
Who needs a Form I-131 to leave the United States?
Form I-131, also known as the Application for Travel Document, is required for individuals who are in the process of adjusting their immigration status in the United States, including applicants for Adjustment of Status, Temporary Protected Status (TPS), Asylum, beneficiaries of T or U non-immigrant Temporary Protected Status (TPS), the Family Unity Program, DACA, and those with a pending application for temporary residency.
What happens if my Form I-131 is approved?
If your Form I-131 is approved, you will receive your travel document in the mail. This document may be a re-entry permit card, a refugee travel document or an advanced travel document. This document serves as legal proof that you have permission to travel outside the United States and return to the country as long as all requirements are met.
How long does it take to obtain the Travel Document?
The processing time for Form I-131 may vary depending on the status of your immigration case and USCIS workload. The approximate time is 4 to 6 months, although it is advisable to corroborate this information with the USCIS office processing your application.
How much does it cost to apply for a travel permit to leave the United States?
The current filing fee for the Application for Travel Authorization Document (Form I-131) is $575. However, this amount may vary if other forms are attached, or if biometric data collection is requested.
Ana Aguirre Santos is an advanced student of the National Sworn Translator’s Degree in English at the National University of Córdoba (Argentina) where she specializes in legal and commercial translation. She has worked as a translator and copywriter for several websites, creating relevant and reliable content for a variety of users.
