I-131 Instructions Tablte of Changes

I131-TOC-INS-30Day-11272012.docx

Application for Travel Document

I-131 Instructions Tablte of Changes

OMB: 1615-0013

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TOC - INSTRUCTIONS

Form I-131, Application for Travel Document

11/27/2012


Reason for Revision

  • Clarify fee language to help customers better understand and correctly submit fees with their applications.

  • Include specific instructions for Deferred Action for Childhood Arrival recipients

  • Provide more detailed travel warning information to help applicants make informed decisions prior to submitting the application



Location


Current Text

Proposed Revised Text

Page 1,

Instructions

Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of paper and indicate the part and number of the item to which the answer refers.


[Incorporated into General Instructions section.]

Page 1,

Updated Filing Address Information

The filing addresses provided on this form reflect the most current information as of the date this form was last printed. If you are filing Form I-131 more than 30 days after the latest edition date shown in the lower right corner, visit our Web site at www.uscis.gov before you file, and check the "FORMS" page to confirm the correct filing address and version currently in use. Check the edition date located in the lower right-hand corner of the form. If the edition date on your Form I-131 matches the edition date listed for Form I-131 on the online "FORMS" page, your version is current and will be accepted by USCIS. If the edition date on the online version is later, download a copy and use the online version. If you do not have Internet access, call the National Customer Service Center at 1-800-375-5283 to verify the current filing address and edition date. Improperly filed forms will be rejected and the fee returned with instructions to resubmit the entire filing using the current form instructions.




[Incorporated into General Instructions, What is the Filing Fee, and USCIS Forms and Information sections.]

Page 1,

What Is the Purpose of This Form?

1. Reentry Permit


A reentry permit …



3. Advance Parole Document


An advance parole document is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.

Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.


NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:



A. You are in one of the following nonimmigrant categories:


1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or


2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or


3. A K-3, spouse, or K-4, child of a U.S. citizen; or


4. A V-2, spouse, or V-3, child of a lawful permanent resident; and


B. Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.


However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.


1. Re-entry Permit


A Re-entry Permit



3. Advance Parole Document


The Department of Homeland Security (DHS) may, as a matter of discretion, issue an Advance Parole Document to authorize the parole of an alien into the United States. Parole allows an inadmissible person to physically proceed into the United States for a specific purpose. A person who has been "paroled" has not been admitted to the United States, and remains an "applicant for admission" even while paroled.









NOTE: If you are in the United States and wish to travel abroad after you file Form I-485, Application to Register Permanent Residence or Adjust Status, you do not need to apply for Advance Parole if you are in one of the following nonimmigrant categories and continue to remain eligible for that status:


a. An H-1, temporary worker, or H-4, spouse or child of an H-1;


b. An L-1, intracompany transferee, or L-2, spouse or child of an L-1;


c. A K-3, spouse, or K-4, child of a U.S. citizen; or


d. A V-2, spouse, or V-3, child of a lawful permanent resident.


[Integrated into above “Note”.]





NOTE: Upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and you must continue to remain eligible for that status. If you obtained H, L, K, or V nonimmigrant status while you were in the United States, then you need to obtain a H, L, K, or V nonimmigrant visa at a U.S. Department of State (DOS) visa issuing post.



4. Humanitarian Parole, a form of Advance Parole for individuals outside the United States


Humanitarian Parole, a form of Advance Parole for individuals outside the United States, is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to urgent humanitarian reasons or for significant public benefit. Humanitarian Parole cannot be used to circumvent normal visa issuing procedures and is not a means to bypass delays in visa issuance.


Page 1-4, Who May File Form I-131?


[Page 1]


Each applicant must file a separate application for a travel document.




A. If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a reentry permit. After filing your application for a reentry permit, USCIS will inform you in writing when to go to your local Application Support Center (ASC) for your biometrics appointment. (See Biometrics Services Requirement.)



[Page 2]


You must be physically present in the United States when you file the Reentry Permit application. However, a Reentry Permit may be sent to a U.S. Embassy or consulate or Department of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application.


Departure from the United States before a decision is made on an application for a Reentry Permit usually does not affect the application. However, if biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.


With the exception of having to obtain a returning resident visa abroad, a Reentry Permit does not relieve you of any of the requirements of U.S. immigration laws.


If you stay outside the United States for less than 1 year, you are not required to apply for a Reentry Permit. You may reenter the United States on your Permanent Resident Card (Form I-551).


If you intend to apply in the future for naturalization, absences from the United States for 1 year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for 1 year or more, you should file Form N-470, Application to Preserve Residence for Naturalization Purposes. For further information, contact your local USCIS office.


B. Validity of Reentry Permit


1. Generally, a Reentry Permit issued to a permanent resident is valid for 2 years from the date of issuance. However, if you have been outside the United States for more than 4 of the last 5 years since becoming a permanent resident the permit will be limited to 1 year, except that a permit with a validity of 2 years may be issued to the following:



a. A permanent resident …


b. A permanent resident …


c. A permanent resident …


2. A Reentry Permit …


3. A Reentry Permit ...



C. A Reentry Permit may not be issued to you if:


1. You have already …


2. A notice was published …


NOTICE to permanent or conditional residents who remain outside the United States for more than 1 year: If you do not obtain a Reentry Permit and remain outside the United States for 1 year or more, we may determine that you have abandoned your permanent or conditional resident status.





2. Refugee Travel Document


A. If you are in the United States in valid refugee or asylee status, or if you are a permanent resident as a direct result of your refugee or asylee status in the United States, you may apply for a Refugee Travel Document. Generally, you must have a Refugee Travel Document to return to the United States after temporary travel abroad. After filing your application for a Refugee Travel Document, USCIS will inform you in writing when to go to your local USCIS ASC for your biometrics appointment.


You should apply for a refugee travel document before you leave the United States. However, a Refugee Travel Document may be sent to a U.S. Embassy or consulate or DHS office abroad for you to pick up, if you request it when you file your application. Departure from the United States before a decision is made on the application for a Refugee Travel Document usually does not affect the application. However, if biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.


B. If you are outside of the United States and:


1. have valid refugee …


2. you are a permanent resident …



[Page 3]


If you applied for asylum on or after April 1, 1997, your asylum status may be terminated if the Government determines that you have voluntarily availed yourself of the protection of your country of claimed persecution. See section 208(c)(2)(D) of the Immigration and Nationality Act, 8 U.S.C. 1158(c)(2)(D).


C. Validity of Refugee Travel Document


1. A Refugee Travel Document is valid for 1 year.


2. A Refugee Travel Document may not be extended.


D. A Refugee Travel Document may not be issued to you if:


1. You have already …


2. A notice was published …



3. Advance Parole Document



[See below sub-section “C. If you are in the United States and seek advance parole”.]































































A. Travel Warning Regarding Unlawful Presence


Before you apply for an Advance Parole Document, read the following travel warning carefully:





1. If you have been unlawfully present in the United States for more than 180 days but less than 1 year, and you leave before removal proceedings are started against you, you may be inadmissible for 3 years from the date of departure.









2. If you have been unlawfully present in the United States for 1 year or more, you may be inadmissible for 10 years from the date of departure regardless of whether you left before, during, or after removal proceedings.


3. Unlawful presence is defined as being in the United States without having been inspected and admitted or paroled, or after the period of authorized stay has expired.










4. However, certain immigration benefits and time spent in the United States while certain applications are pending may place you in a period of authorized stay. These include, but are not limited to, a properly filed Form I-485, Temporary Protected Status (TPS), deferred enforced departure (DED), asylum, and withholding of removal.


5. Although advance parole may allow you to return to the United States, your departure may trigger the 3 or 10-year bar, if you accrued more than 180 days of unlawful presence BEFORE the date you were considered to be in a period of authorized stay.


6. Therefore, if you apply for adjustment of status after you return to the United States, continue with Form I-485 that was pending before you left, or return to a status that requires you to establish that you are not inadmissible, you will need to apply for and receive a waiver of inadmissibility before your Form I-485 may be approved or your status continued.


7. Generally, only persons who can establish extreme hardship to their U.S. citizen or lawful permanent resident spouse or parent may apply for the waiver for humanitarian reasons, to assure family unity or when it is otherwise in the public interest. (See sections 209(c), 212(a)(9), and 244(c) of the Immigration and Nationality Act for more information on unlawful presence and the available waivers.)































































B. If you are outside the United States and need to visit the United States temporarily for emergent humanitarian reasons:


1. You may apply for an Advance Parole Document. However, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility. Parole under these conditions is granted on a case-by-case basis for temporary entry, according to conditions as prescribed.


2. A person in the United States may file this application on your behalf. In so doing, he or she must complete Part 1 of the form with information about him or herself.



C. If you are in the United States and seek advance parole:


1. You may apply if Form I-485 is pending, and you seek to travel abroad for emergent personal or bona fide business reasons; or


2. You may apply if you have a pending application for Temporary Protected Status (Form I-821), or have been granted Temporary Protected Status, or have been granted another immigration status that allows you to return to that status after a brief, casual, and innocent absence (as defined in 8 CFR 244.1) from the United States.



[Page 4]



D. An Advance Parole document may not be issued to you if:


1. You held J-1 nonimmigrant status and are subject to the 2-year foreign residence requirement as a result of that status; or


2. You are in exclusion, deportation, removal, or rescission proceedings.








E. If you travel before the advance parole document is issued, your application will be considered abandoned if:


1. You depart the United States; or


2. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


Note: Do not use this form if you are seeking release from immigration custody and you want to remain in the United States as a parolee. You should contact U.S. Immigration and Customs Enforcement (ICE) about your request.







B. If you are outside the United States and need to visit the United States temporarily for emergent humanitarian reasons:



1. You may apply for an Advance Parole Document. However, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility. Parole under these conditions is granted on a case-by-case basis for temporary entry, according to conditions as prescribed.


2. A person in the United States may file this application on your behalf. In so doing, he or she must complete Part 1 of the form with information about him or herself.


[Page 2]


Each applicant must file a separate application for a travel document.


1. Re-entry Permit [new sub-heading]


a. If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a Re-entry Permit. You must be physically present in the United States when you file the Re-entry Permit application and also for completing the biometrics services requirement. After filing your application for a Re-entry Permit, USCIS will inform you in writing when to go to your local Application Support Center (ASC) for your biometrics services appointment. If biometrics services are required and if you depart the United States before the biometrics are collected, the application may be denied. (See General Requirements, Item Number 3., "Biometrics Services Requirement".)


NOTE: If you request a Re-entry Permit when filing your application, it may be sent to a U.S. Embassy or consulate or DHS office abroad for you to pick up, if you request it when you file your application.








With the exception of having to obtain a returning resident visa abroad, a Re-entry Permit does not relieve you of any of the requirements of U.S. immigration laws.


NOTE: If you stay outside the United States for less than 1 year, you are not required to apply for a Re-entry Permit. You may re-enter the United States on your Permanent Resident Card (Form I-551).


If you intend to apply in the future for naturalization, absences from the United States for 1 year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for 1 year or more, you may be eligible to file Form N-470, Application to Preserve Residence for Naturalization Purposes. For further information, contact your local USCIS office.


b. Validity of Re-entry Permit


(1) Generally, a Re-entry Permit issued to a permanent resident is valid for 2 years from the date of issuance. See 8 CFR section 223.3(a)(1). However, if you have been outside the United States for more than 4 of the last 5 years since becoming a permanent resident the permit will be limited to 1 year, except that a permit with a validity of 2 years may be issued to the following:


(a) A permanent resident …


(b) A permanent resident …


(c) A permanent resident …


(2) A Re-entry Permit …


(3) A Re-entry Permit may not be extended.



c. A Re-entry Permit may not be issued to you if:


(1) You have already …


(2) A notice was published …


NOTICE to permanent or conditional residents who remain outside the United States for more than 1 year: If you do not obtain a Re-entry Permit and remain outside the United States for 1 year or more, we may determine that you have abandoned your permanent or conditional resident status.



[Page 3]


2. Refugee Travel Document


a. If you are in the United States in valid refugee or asylee status, or if you are a permanent resident as a direct result of your refugee or asylee status in the United States, you may apply for a Refugee Travel Document. You should apply for a Refugee Travel Document BEFORE you leave the United States. If biometrics services are required and if you depart the United States before the biometrics are collected, the application may be denied.



After filing your application for a Refugee Travel Document, USCIS will inform you in writing when to go to your local USCIS ASC for your biometrics services appointment. Generally, you must have a Refugee Travel Document to return to the United States after temporary travel abroad. However, a Refugee Travel Document may be sent to a U.S. Embassy or consulate or DHS office abroad for you to pick up, if you request it when you file your application.





b. If you are outside of the United States and:


(1) Have valid refugee …


(2) You are a permanent resident …





If you applied for asylum on or after April 1, 1997, your asylum status may be terminated if the U.S. Government determines that you have voluntarily availed yourself of the protection of your country of claimed persecution. See section 208(c)(2)(D) of the INA, 8 U.S.C. 1158(c)(2)(D).


c. Validity of Refugee Travel Document


(1) A Refugee Travel Document is valid for 1 year.


(2) A Refugee Travel Document may not be extended.


d. A Refugee Travel Document may not be issued to you if:


(1) You have already …


(2) A notice was published …



3. Advance Parole Document [sub-section parts reordered]


a. If you are in the United States and seek Advance Parole, you may apply if:


(1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad for emergent personal or bona fide business reasons; or


(2) You have a pending application for Temporary Protected Status (TPS) (Form I-821), or have been granted TPS, or have been granted another immigration status that allows you to return to that status. Whether you are permitted to retain TPS upon your return will depend on whether your absence from the United States was "brief, casual, and innocent" as defined in 8 CFR 244.1.



[Page 4]


Important: If you have a TPS or other application pending and you leave the United States on Advance Parole, you may miss important notices from USCIS regarding your application, including requests for additional evidence. If you do not respond timely to these notices, USCIS may deem your application abandoned, and you will not receive the benefit you seek. It is very important that you make appropriate arrangements to ensure that you do not miss any such important notices.


(3) Your Form I-821D, Consideration of Deferred Action for Childhood Arrivals, was approved, or U.S. Immigration and Customs Enforcement (ICE) deferred action in your case as a childhood arrival; AND


You are traveling outside the United States for:


(a) Educational purposes, such as semester abroad programs and academic research;


(b) Employment purposes, such as overseas assignments, interviews, conferences, training, meetings with clients; or


(c) Humanitarian purposes, including travel to obtain medical treatment, attend funeral services for a family member, or visit an ailing relative.


Check Item Number 1.d. in Part 2. of the form.


Travel for vacation is not a valid purpose. You must not file Form I-131 with your deferred action request or your package will be rejected and returned to you.



b. Travel Warning



Before you apply for an Advance Parole Document, read the following travel warning carefully.


For any kind of Advance Parole provided to you while you are in the United States:


(1) Leaving the United States with an Advance Parole Document is a “departure” from the United States for all purposes under the U.S. immigration laws except that it is not a “departure” solely for purposes of inadmissibility under INA section 212(a)(9)(B) (inadmissibility due to prior unlawful presence), if you are paroled into the United States on the basis of such document. Any other departures without first obtaining Advance Parole may subject you to the inadmissibility provisions of INA 212(a)(9)(B).


(2) If you use an Advance Parole Document to leave and return to the United States, you will, upon your return to the United States, be an “applicant for admission.”



(3) As an applicant for admission, you will be subject to inspection at a port-of-entry, and you may be denied admission if you are found to be inadmissible under any provision of INA section 212(a) that applies to you. The inadmissibility could be based on INA section 212(a)(9)(B) as a result of prior unlawful presence, if after being unlawfully present for more than 180 days, you made any departure(s) from the United States without first obtaining a grant of Advance Parole.


(4) Issuance of an Advance Parole Document does not guarantee that DHS will parole you into the United States upon your return.







(5) DHS will make a separate decision about whether to parole you each time you use an Advance Parole Document to return to the United States.





(6) If, upon your return, you are paroled into the United States, you will remain an applicant for admission.








(7) DHS may revoke or terminate your Advance Parole Document. Even if you have already been paroled, upon your return to the United States, DHS may also revoke or terminate your actual parole, under 8 CFR 212.5.


If you are outside the United States, revocation or termination of your Advance Parole Document may cause you to be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission.



[Page 5]


(8) If you are in the United States when DHS revokes or terminates your parole, you will return to the status of an unparoled applicant for admission, and may be subject to removal under INA section 212, rather than INA section 237.


In addition to the above, if you received Deferred Action as a Childhood Arrival (DACA), you should also be aware of the following:


(a) Even after USCIS has approved your request for Consideration of Deferred Action for Childhood Arrivals, you must not travel outside the United States, unless USCIS has approved your application for Advance Parole. Deferred action will terminate automatically if you travel outside the United States without obtaining an Advance Parole Document from USCIS.


(b) If you obtain an Advance Parole Document in connection with an approved request for Consideration of Deferred Action for Childhood Arrivals, and if upon your return, you are paroled into the United States, USCIS will continue to defer your removal for the period set forth in your Form I-821D approval notice or until the decision to defer removal action in your case has been terminated, whichever is earlier.


(c) If USCIS has deferred action in your case after you have been ordered deported or removed and you obtain an Advance Parole Document, before you actually leave the United States, you should seek to reopen your case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of your removal proceedings. Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, your departure may result in your being considered deported or removed, with potentially serious future immigration consequences.



[New sub-section created for this category of applicants. See below, 4. Humanitarian Parole.]

















[See above sub-section “a. If you are in the United States and seek Advance Parole, you may apply if”.]



















c. If you are in the United States and seek Advance Parole, an Advance Parole Document may not be issued to you if:


(1) You held J-1 nonimmigrant status and are subject to the 2-year foreign residence requirement as a result of that status; or


(2) You are in exclusion, deportation, removal, or rescission proceedings, unless you have received Deferred Action as a Childhood Arrival (DACA). You may, however, request parole from ICE. See NOTE below.



d. If you travel before the Advance Parole Document is issued, your application will be considered abandoned if:


(1) You depart the United States; or


(2) You attempt to enter the United States before a decision is made on the application.



NOTE: Do not use this form if you are seeking release from immigration custody and you want to remain in the United States as a parolee. You should contact ICE about your request.




4. Humanitarian Parole, a form of Advance Parole for individuals outside the United States [new sub-section header]


If you are outside the United States and need to visit the United States temporarily for an urgent humanitarian reason or for significant public benefit:


a. You may apply for an Advance Parole Document; however, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility. Parole under these conditions is granted on a case-by-case basis for temporary entry, according to conditions as prescribed.


b. A person in the United States may file this application on your behalf. This person must complete Part 1. of the form with information about him or herself.


c. If you entered the United States with Humanitarian Parole and need to remain in the United States beyond the authorized parole period to accomplish the purpose for which parole was approved you must re-file Form I-131 with all supporting documentation.


NOTE: Do not use this form if you are seeking release from immigration custody and you want to remain in the United States as a parolee. You should contact ICE about your request.


Page 4-6,

General Instructions

[Page 4]












































[Page 6, Moved from General Requirements section; see below]







[Page 6, Moved from General Requirements section; see below]









Step 1. Fill Out Form I-131


1. Type or print legibly in black ink.


2. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.






3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "None."



Step 2. General Requirements




1. Initial Evidence


We may request additional information or evidence, or we may request that you appear at a USCIS office for an interview or for fingerprinting (See "Biometric Services Requirement"). You must file your application with all required evidence. Not submitting required evidence will delay the issuance of the document you are requesting.


All applications must include a copy of an official photo identity document showing your photo, name, and date of birth. (Example: a valid government-issued driver's license; passport identity page; Form I-551, Permanent Resident Card; or any other official identity document.) The copy must clearly show the photo and identity information. Form I-94, Arrival-Departure Document, is not acceptable as a photo identity document.








If you are applying for:


A. Reentry Permit


You must attach:


1. A copy …


2. If you have …


3. A copy …


B. Refugee Travel Document…


C. Advance Parole Document


1. If you are in the United States, you must attach:


a. A copy …


b. An explanation …


c. If you are …


d. If you are …























































e. If you are the surviving spouse of a U.S. citizen who died before the second anniversary of your marriage, or you are the qualified child of a surviving spouse, and you have been granted deferred action (or included in your parent's deferred action grant letter), you must file Form I-131 with a copy of the order, notice, or document placing you in deferred action. If you are a qualified child and you are requesting advance parole, you must submit a separate application.





[Page 5]


2. If you are applying for a person who is outside the United States, you must attach:



[See below in item number f.]








a. A statement of how and by whom medical care, transportation, housing, and other expenses and subsistence needs will be met; and





b. An Affidavit of Support (Form I-134), with evidence of the sponsor's occupation and ability to provide necessary support; and



c. A statement explaining why a U.S. visa cannot be obtained, including when and where attempts were made to obtain a visa; and



d. A statement explaining why a waiver of inadmissibility cannot be obtained to allow issuance of a visa, including when and where attempts were made to obtain a waiver, and a copy of any DHS decision on your waiver request; and



e. A copy of any decision on an immigrant petition filed for the person, and evidence regarding any pending immigrant petition; and


f. A complete description of the emergent reasons explaining why advance parole should be authorized and including copies of any evidence you wish considered, and indicating the length of time for which the parole is requested; and


g. Two completed fingerprint cards (FD-258). You must indicate your Alien Registration Number (A-Number) on the fingerprint card and ensure that the completed cards are not bent, folded, or creased. The fingerprint cards must be prepared by a U.S. Embassy or consulate, USCIS office, or U.S. military installation.




2. Photographs


A. If you are outside the United States and filing for a Refugee Travel Document, or if you are in the United States and filing for Advance Parole Document:


You must submit two identical color photographs of yourself taken within 30 days of the filing of this application.


The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched…


Passport-style photos must be 2" x 2." The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1" to 1 3/8" from top of hair to bottom of chin, and eye height is between 1 1/8" to 1 3/8" from bottom of photo. Your head must be bare unless you are wearing a headdress as required by a religious order of which you are a member. Using pencil or felt pen, lightly print your name and A-Number on the back of the photo.



B. If the person seeking advance parole is outside the United States:



1. If you are applying for an Advance Parole Document, and you are outside the United States, do not submit the photographs with your application. Prior to issuing the parole document, the U.S. Embassy or consulate or DHS office abroad will provide you with information regarding the photograph requirements.


2. If you are filing this application for an Advance Parole Document for another person, submit the required photographs of the person to be paroled.



3. Biometrics Services Requirement


If you are between age 14 through 79 and you are applying for a Refugee Travel Document or Reentry Permit, you must be fingerprinted as part of USCIS biometrics services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometrics services may result in a denial of your application. All applicants for Reentry Permit and/or Refugee Travel Documents between the ages of 14 through 79 are required to pay the additional $85 biometric fee. (See "What Is the Filing Fee?" on Page 8).





















Invalidation of Travel Document…



[Page 6]


Copies Unless specifically required that an original document be filed with an application or petition, an legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will not automatically be returned to you.


Translations Any document containing a foreign language submitted to USCIS shall be accompanied by a full English language translation, which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.


Expedite Request Instructions


To request expedited processing of applications for Re-entry Permit or Refugee Travel Document, write the word EXPEDITE in the top right corner of the application in black ink. We recommend providing e-mail addresses and a fax number with any expedite request for the Re-entry Permit or Refugee Travel Document.


[Page 6]


If you are completing this form on a computer, the data you enter will be captured using 2D barcode technology. This capture will ensure that the data you provide is accurately entered into USCIS systems. As you complete each field, the 2D barcode field at the bottom of each page will shift as data is captured. Upon receipt of your form, USCIS will use the 2D barcode to extract the data from the form. Please do not damage the 2D barcode (puncture, staple, spill on, write on, etc.) as this could affect the ability of USCIS to timely process your form.


Each application must be properly signed and accompanied by the appropriate fee. (See the section entitled "What is the Filing Fee?".) A photocopy of a signed application or a typewritten name in place of a signature is not acceptable.


If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf.


Evidence. You must submit all required initial evidence along with all the supporting documentation with your application at the time of filing. If you are electronically filing this application, you must follow the instructions provided on the USCIS Web site, www.uscis.gov.


Biometrics Services Appointment. After receiving your application and ensuring completeness, USCIS will inform you in writing when to go to your local USCIS Application Support Center (ASC) for your biometrics services appointment. Failure to attend the biometrics services appointment may result in denial of your application.


Copies. Unless specifically required that an original document be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, and will not be automatically returned to you.


Translations. Any document containing foreign language submitted to USCIS must be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.



How To Fill Out Form I-131


1. Type or print legibly in black ink.


2. If extra space is needed to complete any item, attach a continuation sheet, write your name and Alien Registration Number (A-Number) (if any), at the top of each sheet of paper; indicate the Part and Item Numbers to which your answer refers; and date and sign each sheet.


3. Answer all questions fully and accurately. If an item is not applicable or the answer is none, leave the answer blank.



General Requirements [Moved into own section]



1. Initial Evidence


All applications must include a copy of an official photo identity document showing your photo, name, and date of birth. (Examples: Your current Employment Authorization Document, if available; a valid government-issued driver's license; passport identity page; Form I-551, Permanent Resident Card, or any other official identity document.) The copy must clearly show the photo and identity information. Form I-94, Arrival-Departure Document, is not acceptable as a photo identity document.


You must file your application with all required evidence. Not submitting required evidence will delay the issuance of the document you are requesting. We may request additional information or evidence, or we may request that you appear at a USCIS office for an interview or for fingerprinting. (See this section "Biometric Services Requirement" of these instructions.)



[Page 7]


If you are applying for:


a. Re-entry Permit


You must attach:


(1) A copy …


(2) If you have …


(3) A copy …


b. Refugee Travel Document…


c. Advance Parole Document


If you are in the United States, you must attach:


(1) A copy …


(2) An explanation …


(3) If you are …


(4) If you are …


(5) If your application is based on an approved Form I-821D, Consideration of Deferred Action for Childhood Arrivals, you must include a copy of the Form I-797, Notice of Action, showing your Form I-821D was approved. If ICE deferred action in your case as a childhood arrival, submit a copy of the approval order, notice or letter issued by ICE.


You must complete Part 4. of the form indicating how your intended travel fits within one of the three purposes below. You must also provide evidence of your reason for travel outside of the United States including the date(s) of travel and the expected duration outside the United States. If your Advance Parole application is approved, the validity date(s) of your Advance Parole Document will be for the duration of the documented need for travel. Below are examples of acceptable evidence:


Educational Purposes


(a) A letter from a school employee acting in an official capacity describing the purpose of the travel and explaining why travel is required or beneficial; or


(b) A document showing enrollment in an educational program requiring travel.


Employment Purposes


A letter from your employer or a conference host describing the need for the travel.


Humanitarian Purposes


(a) A letter from your physician explaining the nature of your medical condition, the specific medical treatment to be sought outside of the United States, and a brief explanation why travel outside the U.S. is medically necessary; or


(b) Documentation of a family member's serious illness or death.



[Page 8]


[Deleted]














d. Humanitarian Parole, a form of Advance Parole for individuals outside the United States [new sub-section header]


If you are applying for Humanitarian Parole for a person who is outside the United States, you must also attach:


(1) A complete description of the urgent humanitarian or significant public benefit reason for which Humanitarian Parole is requested and include copies of any evidence you wish to be considered, which indicate the length of time for which the parole is requested;


(2) If Humanitarian Parole is requested for medical reasons, evidence from medical professionals that establishes the medical need, a statement of how and by whom medical care, transportation, housing, and other expenses and subsistence needs will be met;


(3) An Affidavit of Support (Form I-134), with evidence of the sponsor's occupation and ability to provide necessary support;



(4) A statement explaining why a U.S. visa cannot be obtained, including when and where attempts were made to obtain a visa, or an explanation of why a visa was not sought to enter the United States;


(5) A statement explaining why a waiver of inadmissibility cannot be obtained to allow issuance of a visa, including when and where attempts were made to obtain a waiver, and a copy of any DHS decision on your waiver request or an explanation of why a waiver has not been sought; and


(6) A copy of any decision on an immigrant petition filed for the person seeking to enter the United States, and evidence regarding any pending immigrant petition.


[See above in item number a.]







[Deleted]











2. Photographs


a. If you are outside the United States and filing for a Refugee Travel Document, or if you are in the United States and filing for an Advance Parole Document:


You must submit 2 identical color photographs of yourself taken within 30 days of the filing of this application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched…




Passport-style photos must be 2" x 2." The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1" to 1 3/8" from top of hair to bottom of chin, and eye height is between 1 1/8" to 1 3/8" from bottom of photo. Your head must be bare unless you are wearing a headdress as required by a religious denomination of which you are a member. Using pencil or felt pen, lightly print your name and A-Number on the back of the photo.



b. If applying for Humanitarian Parole, a form of Advance Parole for individuals outside the United States:


1. If you are applying for Humanitarian Parole, and you are outside the United States, submit photographs with your application.







2. If you are filing Humanitarian Parole on behalf of another person, submit the required photographs of the person to be paroled.




3. Biometrics Services Requirement


a. All applicants for a Refugee Travel Document or a Re-entry Permit must complete biometrics at an ASC or if applying for a Refugee Travel Document while outside of the U.S. at an overseas USCIS facility. If you are between age 14 through 79 and you are applying for a Refugee Travel Document or Re-entry Permit, you must also be fingerprinted as part of USCIS biometrics services requirement. After you have filed this application, USCIS will notify you in writing of the time and location for your biometrics services appointment. Failure to appear to be fingerprinted or for other biometrics services may result in a denial of your application.


b. All applicants for Re-entry Permits and/or Refugee Travel Documents between the ages of 14 through 79 are required to pay the additional $85 biometrics services fee. (See the section entitled "What Is the Filing Fee?")



[Page 9]


c. If you are outside the U.S. and are applying for an Advance Parole Document for humanitarian reasons or for significant public benefit, USCIS will notify you in writing whether biometric collection is required. If required, USCIS will advise you of the location for your biometrics services appointment.



4. Invalidation of Travel Document…





[Page 6, Moved to General Instructions section; see above.]







[Page 6, Moved to General Instructions section; see above.]








Expedite Request Instructions


To request expedited processing of an application for a Re-entry Permit, Refugee Travel Document or Humanitarian Parole for an individual outside the United States, write the word EXPEDITE in the top right corner of the application in black ink.   We recommend providing e-mail addresses and a fax number with any expedite request for the Re-entry Permit, Refugee Travel Document, or Humanitarian Parole.


Page 6-8,

Where To File?




E-Filing Form I-131


Certain Form I-131 filings may be electronically filed (e-filed) with USCIS. View our Web site at www.uscis.gov for a list of who is eligible to e-file this form and instructions.



Paper Filing of Form I-131

Please note that the filing locations for the paper version of this form are subject to change. Read the instructions carefully to determine where you must send your paper application.


The filing addresses provided on this form reflect the most current information as of the date this form was last printed.



If you are filing for:


1. Applicant covered under the Haitian Refugee Immigrant Fairness Act (HRIFA)…


2. Battered Spouse/Children…


3. T non-immigrant visa status holders and U non-immigrant visa status holders…


4. Advance Parole under Temporary Protected Status (TPS)…



[Page 7]


5. Advance Parole Based on Pending I-485…


6. Humanitarian Parole (HP)



[Page 8]


7. All Other Form I-131 Filings, Including Re-entry Permits…



E-Notification


If you are filing your Form I-131 at one of the USCIS Lockbox facilities, you may elect to receive an e-mail and/or text message notifying you that your application has been accepted. You must complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the first page of your application. To download a copy of Form G-1145, including the instructions, click on the link www.uscis.gov

FORMS.”



Questions Regarding Form I-131


For additional information about Form I-131, including how to file your application or filing locations not mentioned, call the USCIS National Customer Service Center at 1-800-375-5283 or visit our Web site at www.uscis.gov.


[Page 10, moved after “What is the Filing Fee?” section]


Please see our Web site at www.uscis.gov/I-131 or call our USCIS National Customer Service Center at 1-800-375-5283 for the most current information about where to file this benefit request. For TDD (hearing impaired) call: 1-800-767-1833.

Page 8-9,

What Is the Filing Fee?

[Page 8]



The fee for advance parole or a Reentry Permit is $360. The fee for a Refugee Travel Document for an applicant age 16 or older is $135, and for a child under the age of 16 years, it is $105. A biometric fee of $85 is required for a Reentry Permit and a Refugee Travel Document for applicants ages 14 through 79.


No biometric fee is required for advance parole applicants.


The fee for a humanitarian based advance parole request may be waived based upon a demonstrated inability to pay. Biometric fees may also be waived based upon a demonstrated inability to pay. Applicants should consider using Form I-912, Fee Waiver Request, to ensure such requests are supported in accordance with 8 CFR 103.7(c).








The application fee and biometrics services fee may be paid with one check.


NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I-131. You may file Form I-131 for advance parole or for a Refugee Travel Document together with your Form I-485, or you may submit Form I-131 for Advance Parole or a Refugee Travel Document at a later date. If you file Form I-131 for Advance Parole or a Refugee Travel Document separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007.



































[Page 9]


Use the following …



How to Check If the Fees Are Correct


The fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:


1. Visit our Web site at www.uscis.gov, select "FORMS," and check the appropriate fee; or


2. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

[Page 9; moved before “Where to File?” section]


Re-entry Permit: The filing fee for a Re-entry Permit is $360. A biometrics services fee of $85 is required for applicants ages 14-79.


Refugee Travel Document: The filing fee for a Refugee Travel Document for an applicant age 16 or older is $135. The filing fee for a child younger than 16 is $105. A biometrics services fee of $85 is required for applicants ages 14 through 79.


Advance Parole (including individuals who received Deferred Action as a Childhood Arrival (DACA)): The filing fee for Advance Parole is $360. The biometrics services fee is not required.


Humanitarian Parole:

The filing fee for a Humanitarian Parole request is $360. The biometrics services fee is not required. The filing fee may be waived based upon a demonstrated inability to pay. Applicants should file Form I-912, Fee Waiver Request when filing this form to ensure such requests are supported in accordance with 8 CFR 103.7(c).


[Deleted]



NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the I-485 application fee required, then no fee is required to file a request for Advance Parole or Refugee Travel Documents on Form I-131 if your Form I-485 is still pending, if:


1. You now hold U.S. refugee or asylee status, and are applying for a Refugee Travel Document (see Form I-131, Part 2., Application Type, Item Number 1.b.); or


2. You are applying for an Advance Parole Document to allow you to return to the United States after temporary foreign travel (see Form I-131, Part 2. Application Type, Item Number 1.d.).


Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007. ..



Replacement Travel Document: If you are filing to replace a travel document that was lost, stolen, mutilated, or contains erroneous information, such as a misspelled name, a filing fee is required.


NOTE: If you are requesting a replacement Advance Parole Document as an adjustment applicant filed under the fee structure implemented July 30, 2007, then the full filing fee will be required; however, no biometrics services fee is required.



Incorrect Card: No fee is required if you are filing to correct a USCIS error on your travel document. If USCIS did not cause the error, you must pay the application fees.





[Page 10]


Use the following …



How to Check if the Fees Are Correct


The filing and biometrics services fees on this form are current as of the edition date appearing in the lower left corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:


1. Visit the USCIS Web site at www.uscis.gov, select "FORMS," and check the appropriate fee; or


2. Telephone the USCIS National Customer Service Center at 1-800-375-5283 and ask for the fee information. For TDD (hearing impaired) call: 1-800-767-1833.


Page 9,

Address Changes



If you have changed your address, you must inform USCIS of your new address. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the National Customer Service Center at 1-800-375-5283.



NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the USCIS Lockbox facilities do not process change of address requests.


[Page 10]


If you have changed your address, you must inform USCIS of your new address. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.


NOTE: Do not submit a change of address to the USCIS Lockbox facilities because the USCIS Lockbox facilities do not process change of address requests.


Page 9,

Processing Information




Decision.

The decision on Form I-131 involves a determination of whether you have established eligibility for the requested benefit. You will be notified of the decision in writing.


What If You Claim Nonresident Alien Status on Your Federal Income Tax Return?


If you are an alien who has established residence in the United States after having been admitted as an immigrant or adjusted status to that of an immigrant, and are considering the filing of a nonresident alien tax return or the non-filing of a tax return on the ground that you are a nonresident alien, you should carefully review the consequences of such actions under the Immigration and Nationality Act.


If you file a nonresident alien tax return or fail to file a tax return, you may be regarded as having abandoned residence in the United States and as having lost your permanent resident status under the Act…

[Page 11]


Decision

The decision on Form I-131 involves a determination of whether you have established eligibility for the requested document. You will be notified of the decision in writing.


What If You Claim Nonresident Alien Status on Your Federal Income Tax Return?


If you are an alien who has been admitted as an immigrant or adjusted status to that of an immigrant, and are considering the filing of a nonresident alien tax return or the non-filing of a tax return on the ground that you are a nonresident alien, you should carefully review the consequences of such actions under the INA.




If you file a nonresident alien tax return or do not file a tax return, you may be regarded as having abandoned residence in the United States and as having lost your permanent resident status under the INA


Page 10,

USCIS Forms and Information




You can get USCIS forms and immigration-related information on the USCIS Web site at www.uscis.gov. You may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning our USCIS National Customer Service Center at 1-800-375-5283.






As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through the USCIS Internet-based system, InfoPass. To access the system, visit USCIS Web site. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.


[Page 11]


To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning our USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.


As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through the USCIS Internet-based system, InfoPass. To access InfoPass, please visit the USCIS Web site. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.


Page 10,

Penalties




If you knowingly and willfully falsify or conceal a material fact or submit a false document with Form I-131, we will deny Form I-131 and may deny any other immigration benefit.


In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.


[Page 11]


If you knowingly and willfully falsify or conceal a material fact or submit a false document with this request, we will deny your Form I-131 and may deny any other immigration benefit.


In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Page 10,

Paperwork Reduction Act




An agency may … 1 hour and 55 minutes per response…Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Ave., N.W., Washington, DC 20529-2020. OMB No. 1615-0013. This form expires March 31, 2012. Do not mail your application to this address.

[Page 12]


An agency may … 3 hours and 34 minutes per response… Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No 1615-0013. Do not mail your completed Form I-131 to this address.



2


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File TitleExplanation of Change: 1615-0023
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