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Overview 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, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S. Admission into the U.S. is not guaranteed . 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 PresenceUnder the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods may be barred from admission, even if they have obtained Advance Parole. Those aliens unlawfully present in the United States for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings are inadmissible for three years; those who are unlawfully present for one year or more are inadmissible for ten years. 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) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR’s returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S. Conditional residents use re-entry permits to re-enter the U.S. after travel of one year or more. For conditional residents returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit 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 U.S.The Bureau does not extend re-entry permits. See Section 223 of the Immigration and Nationality Act. Please note that a re-entry permit does not guarantee admission into the U.S. Aliens with re-entry permits are still subject to the inspection process at the port of entry. It is also important to note that travel outside of the U.S for more than one year will under most circumstances break the continuous residence requirement for later naturalization purposes. Travel for over 6 months may break the continuous residence requirement. See Section 316 (b) of the Immigration and Nationality Act. Advance ParoleMost aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:
Aliens in the United States are not eligible for Advance Parole if they are:
Please note that Advance Parole does not guarantee admission into the U.S. Aliens with Advance Parole are still subject to the immigration inspections process at the port of entry. For more information on Advance Parole, please read our Travel Advisory. Refugee Travel DocumentA refugee travel document allows people who are or once were refugees or asylees to return to the U.S. after travel abroad. The refugee or asylee should apply for this benefit before leaving the U.S. In some cases, immigration officials may issue travel documents to refugees or asylees who are physically outside of the U.S. See 8CFR 223.2(b)(ii) Humanitarian Parole The Secretary of Homeland Security may allow any alien applying for admission to the United States temporary parole into the U.S. 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. How to FileThe 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 Re-Entry PermitIf the alien is a permanent resident or conditional resident, he or she must attach:
An alien in the U.S. and applying for an Advance Parole document for him- or herself must attach:
If the alien is a refugee or asylee applying for a refugee travel document, he or she must attach:
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 pending. More information can be found at How Do I Get a Travel Document and your local immigration office. |
Last Modified 11/24/2003
