What is a Travel Document and Who Needs One?
If you are not a U.S. citizen, you
may need permission to return to the United States after traveling abroad. This
permission is granted through a travel document. Travel documents are also given
to people who want to travel, but cannot get a passport from their country of
nationality. See the below listed items for more information:
Where Can I Find the Law?
The legal foundation for requiring these travel documents
comes from the Immigration and Nationality Act (INA). INA
§ 211 discusses documents required
to admit aliens and control their travel. INA
§ 212 states that any immigrant
who does not have the correct travel documents will not be admitted
to the United States.
The specific eligibility requirements for travel documents are
found in Title 8 of the Code of Federal Regulations (CFR). 8
CFR § 223 describes the purpose,
processing, and validity and effect on admissibility of all three
documents.
How to File
The alien must file USCIS 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 the Service 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 the Service 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.
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 re-enter the country, and lead to the denial of any other applications
How Can I Find Out the Status of My Application?
To check the status of your application, please contact
the USCIS office that received your application. You should be prepared
to provide the USCIS staff with specific information about your
application. Please click here for complete instructions on checking
the status of your application. Please click here for more information on USCIS
field offices.
How Can I Appeal?
If your application for a reentry permit or refugee travel
document is denied, the denial letter will tell you how to appeal.
Generally, you may appeal within 33 days of receiving the denial.
Your appeal must be filed on USCIS Form I-290B. The appeal must
be filed with the office that made the original decision. After
your appeal form and a required fee are processed, the appeal
will be referred to the Administrative Appeals Unit (AAU) in Washington,
DC. (Sending the appeal and fee directly to the AAU will delay
the process.)
If your application for advance parole is denied, you will receive
a letter that will tell you why the application was denied. You
will not be allowed to appeal a negative decision to a higher
authority. However, you may submit a motion to reopen or a motion
to reconsider with the office that made the unfavorable decision.
By filing these motions, you may ask the office to reexamine or
reconsider their decision. A motion to reopen must state the new
facts that are to be provided in the reopened proceeding and
must be accompanied by affidavits or other documentary evidence.
A motion to reconsider must establish that the decision was based
on an incorrect application of law or USCIS policy, and further
establish that the decision was incorrect based on the evidence
in the file at the time the decision was made. For more information,
please see How Do I Appeal the
Denial of Petition or Application?.
Can Anyone Help Me?
If advice is needed, you may contact the USCIS District
Office near your home for a list of community-based, non-profit
organizations that may be able to assist you in applying for an
immigration benefit. Please see our USCIS
field offices home page for more
information on contacting USCIS offices.
Frequently Asked Questions [FAQs]
Click here for Frequently Asked Questions. You may also want to
read the State Department's Returning Resident Alien Leaflet and see their list of Foreign Consular Offices in the U.S.