I-131 Instructions Revised TOC

Form I-131 TOC_Instructions_DACA_30 Day_03122013.FINAL.docx

Application for Travel Document

I-131 Instructions Revised TOC

OMB: 1615-0013

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Table of Changes- Instructions

Form I-131, Application for Travel Document

OMB No. 1615-0013



Page and Location

Current Text

Proposed Text

Format

Form instructions are currently in 2 columns.

Form instructions have been reformatted into a full page format.


Some standard language has been revised.


Instructions paragraph on page 1, top center, has been deleted

Page 1,

Updated Filing Address Information


Deleted

Page 1,

What Is the Purpose of This Form?




This form is for applying to U.S. Citizenship and Immigration Services (USCIS) for the following travel documents, and can not be used to request release from immigration custody:


1. Reentry Permit

A Reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity without the need to obtain a returning resident visa from a U.S. Embassy or consulate.



2. Refugee Travel Document

A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a refugee or asylee in the United States. Persons who hold asylee or refugee status and are not permanent residents must have a refugee travel document to return to the United States after temporary travel abroad.











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.





























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:














  1. 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


  1. 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.



Page __,

What Is the Purpose of This Form?


This form is for applying to U.S. Citizenship and Immigration Services (USCIS) for the following travel documents:


1. Reentry Permit


A Reentry Permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity without the need to obtain a returning resident visa from a U.S. Embassy or consulate.


2. Refugee Travel Document


A Refugee Travel Document is issued to a person in valid refugee or asylee status, or to a permanent resident who obtained such status as a refugee or asylee in the United States. Persons who hold asylee or refugee status and are not permanent residents must have a Refugee Travel Document to return to the United States after travel abroad, unless they possess an Advance Parole Document. A Department of Homeland Security (DHS) officer at the U.S. port-of-entry will determine your admissibility when you present your travel document.


3. Advance Parole Document


Parole allows an alien to physically enter 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.


DHS, as a matter of discretion, may issue an Advance Parole Document to authorize an alien to appear at a port of entry to seek parole 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.


WARNING: The document does not entitle you to be paroled into the United States; a separate discretionary decision on a request for parole will be made when you arrive at a port of entry upon your return.


WARNING: DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may 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.


NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an advance parole document. Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port of entry:


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-1 spouse, or V-2/V-3 child of a lawful permanent resident.


NOTE: Upon returning to the United States, most individuals must present a valid H, L, K, or V nonimmigrant visa, and must continue to be otherwise admissible. If you do not have a valid and unexpired H, L, K, or V nonimmigrant visa, then you generally need to obtain an H, L, K, or V nonimmigrant visa at a U.S. Department of State (DOS) visa issuing post. Individuals will need a valid nonimmigrant visa, advance parole or other travel document to present for Reentry.


4. Advance Parole Document for individuals outside the United States


The granting of an Advance Parole Document for individuals outside the United States is an extraordinary measure used sparingly to allow an otherwise inadmissible alien to travel to the United States and to seek parole into the United States for a temporary period due to urgent humanitarian reasons or for significant public benefit (significant public benefit parole is typically limited to law enforcement or homeland security-related reasons). An Advance Parole Document cannot be used to circumvent normal visa-issuance procedures and is not a means to bypass delays in visa issuance.

Page 1,

Who May File Form I-131?





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


  1. Reentry Permit

  1. 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.)


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.


  1. 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:

  1. a. A permanent resident whose travel is on the order of the U.S. Government, other than an exclusion, deportation, removal, or rescission order;

  2. A permanent resident employed by a public international organization of which the United States is a member by treaty or statute; or

  3. A permanent resident who is a professional athlete and regularly competes in the United States and worldwide.

  1. A Reentry Permit issued to a conditional resident shall be valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first.


  1. A Reentry Permit may not be extended.


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

  1. You have already been issued such a document, and it is still valid, unless the prior document has been returned to USCIS, or you can demonstrate that it was lost; or

  2. A notice was published in the Federal Register that precludes the issuance of such a document for travel to the area where you intend to go.


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


  1. 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.


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

  1. Have valid refugee or asylee status; or

  2. you are a permanent resident as a direct result of your refugee or asylee status in the United States, you may be permitted to file Form I-131 and apply for a Refugee Travel Document. The USCIS Overseas District Director with jurisdiction over your location makes this decision.


Applicants should only seek

to file a Form I-131

application for a Refugee

Travel Document if they are

able to demonstrate that an

emergent situation led them to

depart the United States

without first seeking the

appropriate travel documents.


Travel Warning Regarding Voluntary Re-availment


WARNING to asylees who travel to the country of claimed persecution:


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 been issued such a document and it is still valid, unless the prior document has been returned to USCIS, or you can demonstrate that it was lost; or

  2. A notice was published in the Federal Register that precludes the issuance of such a document for travel to the area where you intend to go.

NOTICE to permanent residents who obtain permanent residence as a result of their refugee or asylee status:  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 resident status.



3.Advance Parole Document


  1. 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.)



  1. 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.


  1. 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.


  1. 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.


  1. 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.


  1. 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.

Page __,


Who May File Form I-131?

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


1. Reentry Permit

a. If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a Reentry permit. You must be physically present in the United States when you file the Reentry Permit application and complete the biometrics services requirement. 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 General Requirements, Item Number 3, “Biometrics Services Requirement.”


NOTE: A Reentry Permit may be sent to a U.S. Embassy or consulate or DHS office abroad for you to pick up, if you make such a request when you file your application.


With the exception of having to obtain a returning resident visa abroad, a Reentry Permit does not exempt you from compliance with any of the requirements of U.S. immigration laws. If you are in possession of a valid unexpired Reentry Permit, you will not be deemed to have abandoned your status as a permanent resident or conditional permanent resident based solely on the duration of your absence(s) from the United States while the permit is valid.


An absence from the United States for 1 year or more will generally break the continuity of your required continuous residence for the purpose of naturalization. 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 Reentry Permit


(1) Generally, a Reentry Permit issued to a permanent resident is valid for 2 years from the date of issuance. See 8 CFR 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 whose travel is on the order of the U.S. Government, other than an exclusion, deportation, removal, or rescission order;

(b) A permanent resident employed by a public international organization of which the United States is a member by treaty or statute; or

(c) A permanent resident who is a professional athlete and regularly competes in the United States and worldwide.

(2) A Reentry Permit issued to a conditional resident is valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first.

(3) A Reentry Permit may not be extended.


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


(1) You have already been issued such a document and it is still valid, unless the prior document has been returned to USCIS or you can demonstrate that it was lost; or

(2) A notice was published in the Federal Register that precludes the issuance of such a document for travel to the area where you intend to go.


NOTICE to permanent or conditional permanent residents concerning possible abandonment of status: If you do not obtain a Reentry Permit, lengthy or frequent absences from the United States could be factors supporting a conclusion that you have abandoned your permanent resident status. If DHS determines, upon your return to the United States, that you have abandoned your permanent resident status, you may challenge that determination if you are placed in removal proceedings.


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 you fail to appear to have biometrics 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. Unless you have other appropriate documentation, such as a Permanent Resident Card and passport, you must have a Refugee Travel Document to return to the United States after temporary travel abroad. 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 or asylee status; or


(2) You are a permanent resident as a direct result of your refugee or asylee status in the United States, you may be permitted to file Form I-131 and apply for a Refugee Travel Document. The USCIS Overseas District Director with jurisdiction over your location makes this decision in his or her discretion.


Your application must be filed within one year of your last departure from the United States and should include an explanation of why you failed to apply for a Refugee Travel Document before you departed from the United States.


Travel Warning Regarding Voluntary Reavailment


WARNING to asylees who travel to the country of claimed persecution: 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 nationality or, if stateless, country of last habitual residence. See section 208(c)(2)(D) of the Immigration and Nationality Act (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 been issued such a document and it is still valid, unless the prior document has been returned to USCIS or you can demonstrate that it was lost; or

(2) A notice was published in the Federal Register that precludes the issuance of such a document for travel to the area where you intend to go.


NOTE: 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 make such a request when you file your application. Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometric collection is required and the applicant departs the United States before biometrics are collected, the application may be denied.


NOTICE to permanent residents who obtain permanent residence as a result of their refugee or asylee status: If you do not obtain a Reentry Permit (see Reentry Permit information in section 1. above) and remain outside the United States, lengthy or frequent absences from the United States could be factors supporting a conclusion that you have abandoned your permanent resident status . With the exception of having to obtain a returning resident visa abroad, a Reentry Permit does not exempt you from compliance with any of the requirements of U.S. immigration laws. If you are in possession of a valid unexpired Reentry Permit, you will not be deemed to have abandoned your status as a permanent resident or conditional permanent resident based solely on the duration of your absence(s) from the United States while the permit is valid.


An absence from the United States for 1 year or more will generally break the continuity of your required continuous residence for the purpose of naturalization. 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.


If DHS determines, upon your return to the United States, that you have abandoned your permanent resident status, you may challenge that determination if you are placed in removal proceedings, and seek a determination whether you may retain asylum status even if you cannot retain permanent resident status.


3. Advance Parole Document for individuals in the United States


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


(1) You have a pending application to adjust status, Form I-485, and you seek to travel abroad for “urgent humanitarian reasons” or in furtherance of a “significant public benefit,” which may include a personal or family emergency or bona fide business reasons.


(2) You have a pending application for Temporary Protected Status (TPS) (Form I-821), have been granted TPS, or have been granted T or U nonimmigrant status. Whether you are permitted to return to TPS upon your return will depend on whether you continue to meet the requirements for TPS. If you have TPS and leave and reenter the United States during the validity period of your Advance Parole Document, you will not break the continuous physical presence requirement for maintaining your TPS.


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 important that you make appropriate arrangements to ensure that you do not miss any such notices.


(3) You have been granted parole pursuant to INA 212(d)(5), AND you seek to travel outside the United States for urgent humanitarian reasons or a significant public benefit.  Humanitarian reasons include 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.


(4) USCIS or U.S. Immigration and Customs Enforcement (ICE) has deferred action in your case under DACA based on the guidelines described in the Secretary of Homeland Security’s memorandum issued on June 15, 2012 (“Deferred Action for Childhood Arrivals” (DACA)). USCIS may, in its discretion, grant advance parole if you are traveling outside the United States for educational purposes, employment purposes, or humanitarian purposes;


(a) Educational purposes include, but are not limited to, semester abroad programs or academic research;

(b) Employment purposes include, but are not limited to, overseas assignments, interviews, conferences, training, or meetings with clients; and

(c) Humanitarian purposes include, but are not limited to, 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.


(5) USCIS has granted you IMMACT 90 or LIFE Act Family Unity Program benefits, AND you seek to travel outside the U.S. temporarily for urgent humanitarian reasons or in furtherance of a significant public benefit, which may include a personal or family emergency or bona fide business reasons. 


(6) You have a pending application for temporary resident status pursuant to INA § 245A, and you seek to travel abroad temporarily for urgent humanitarian reasons or in furtherance of a significant public benefit, which may include a personal or family emergency or bona fide business reasons. 


(7) You have been granted V status in the United States, AND you seek to travel abroad for urgent humanitarian reasons or in furtherance of a significant public benefit, which may include a personal or family emergency or bona fide business reasons. 


b. Travel Warning


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


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


(1) Leaving the United States, even with an Advance Parole Document, may have an impact on your ability to return to the United States.


(2) If you use an Advance Parole Document to leave and return to a port-of-entry in the United States, you will, upon your return, 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 not be admitted if you are found to be inadmissible under any applicable provision of INA 212(a), 235 or any other provision of U.S. law regarding denial of admission to the United States. If DHS determines that you are inadmissible, you may be subject to expedited removal proceedings or to removal proceedings before an immigration judge, as authorized by law and regulations.


(4) As noted above, issuance of an Advance Parole Document does not entitle you to parole and does not guarantee that DHS will parole you into the United States upon your return.


(5) As noted above, DHS will make a separate discretionary decision 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) As noted above, DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States. Even if you have already been paroled, upon your return to the United States DHS may also revoke or terminate your parole in accordance with 8 C.F.R. 212.5.


If you are outside the United States, revocation or termination of your Advance Parole Document may preclude you from returning 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.


(8) If you are in the United States when DHS revokes or terminates your parole you will be an unparoled applicant for admission, and may be subject to removal as an applicant for admission who is inadmissible under INA 212, rather than as an admitted alien who is deportable under INA 237. In addition to the above, if you received deferred action under DACA , you should also be aware of the following:


  1. Even after USCIS or ICE has deferred action in your case under DACA, you should not travel outside the United States unless USCIS has approved your application for an Advance Parole Document. 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 a decision to defer removal in your case under DACA and if, upon your return, you are paroled into the United States, your case will generally continue to be deferred.  The deferral will continue until the date specified by USCIS or ICE in the deferral notice given to you or until the decision to defer removal action in your case has been terminated, whichever is earlier.


(c) If you have been ordered excluded, deported, or removed, departing from the United States without having had your exclusion, deportation, or removal proceedings reopened and administratively closed or terminated will result in your being considered excluded, deported, or removed, even if USCIS or ICE has deferred action in your case and you have been granted advance parole.


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


(1) You hold a nonimmigrant status, such as J-1, that is subject to the 2-year foreign residence requirement as a result of that status. Exception: If you are someone who was subject to this requirement but are now eligible to apply for adjustment of status to lawful permanent resident, USCIS may consider your application for advance parole; or

(2) You are in exclusion, deportation, removal, or rescission proceedings, unless you have received deferred action under DACA. You may, however, request parole from ICE. See NOTE below.


d. If you depart from the United States before the Advance Parole Document is issued, your application will be considered abandoned.


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 your local ICE office.


4. Advance Parole Document for individuals outside the United States


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. Under these conditions, an Advance Parole document is granted on a case-by-case basis, 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 advance parole document and need to remain in the United States beyond the authorized parole period to accomplish the purpose for which parole was approved, you must refile 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,

General Instructions

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:


  1. Reentry Permit


  1. A copy of the front and back of your Form I-551; or


  1. If you have not yet received your Form I-551, a copy of the biographic page(s) of your passport and a copy of the visa page showing your initial admission as a permanent resident, or other evidence that you are a permanent resident; or


  1. A copy of the Form I-797, Notice of Action, approval notice of an application for replacement of your Form I-551 or temporary evidence of permanent resident status.


  1. Refugee Travel Document


You must attach a copy of the document issued to you by USCIS showing your refugee or asylee status and the expiration date of such status.

  1. Advance Parole Document

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

  1. A copy of any document issued to you by USCIS showing your present status in the United States; and


  1. An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole Document; or


  1. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application; or


  1. If you are traveling to Canada to apply for an immigrant visa, a copy of the U.S. consular appointment letter; or


  1. 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.


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

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

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

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

  4. 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

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

  6. 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

  7. 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.


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


Any travel document obtained by making a material false representation or concealment in this application will be invalid.


A travel document will also be invalid if you are ordered removed or deported from the United States.


In addition, a Refugee Travel Document will be invalid if the United Nations Convention of July 28, 1951, shall cease to apply or shall not apply to you as provided in Articles 1C, D, E, or F of the Convention.

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 Reentry 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 Reentry Permit or Refugee Travel Document.


Page __,


General Instructions


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 data field, the 2D barcode line at the bottom of each page will shift as data is captured. Upon receipt of your form, USCIS will use decoding equipment to extract the data from the form. Please do not damage the 2D barcode (e.g., puncture, staple, spill on, write on, etc.) as this could affect the ability of USCIS to timely process your form.


USCIS provides most forms in PDF format free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Abobe Reader, which can be downloaded for free at http://get.adobe.com/reader/.


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, 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.


  1. 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 number to which your answer refers, and date and sign each sheet.


  1. Answer all questions fully and accurately. If an item is not applicable or the answer is “none,” print or type N/A.





Page __,

General Requirements


  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. A 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).


If you are applying for:


a. Reentry Permit


You must attach:


(1) A copy of the front and back of your Form I-551; or


(2) If you have not yet received your Form I-551, a copy of the biographic page(s) of your passport and a copy of the visa page showing your initial admission as a permanent resident, or other evidence that you are a permanent resident; or


(3) A copy of the Form I-797, Notice of Action, approval notice of an application for replacement of your Form

I-551 or temporary evidence of permanent resident status.


b. Refugee Travel Document


You must attach a copy of the document issued to you by USCIS showing your refugee or asylee status and the expiration date of such status.


c. Advance Parole Document


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

(1) A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and


(2) An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole

Document; or


(3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application; or


(4) If you are traveling to Canada to apply for an immigrant visa, a copy of the U.S. consular appointment letter;

or


(5) If USCIS has deferred action in your case under DACA, you must include a copy of the Form I-797, Notice of Action, showing that the decision on your Form I-821D was to defer action in your case. If ICE has deferred action in your case, submit a copy of the 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.


d. Advance Parole Document for individuals outside the United States


If you are applying for an Advance Parole Document for a person who is outside the United States, you must attach:


(1) A complete description of the urgent humanitarian or significant public benefit reason for which an Advance Parole Document 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 an Advance Parole Document 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.


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.


NOTE: Because of the current USCIS scanning process, if a digital photo is submitted, it needs to be produced from a high-resolution camera that has at least 3.5 mega pixels of resolution.



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 headwear 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 an Advance Parole Document for an individual outside the United States:


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


  1. If you are filing for an Advance Parole Document on behalf of another person who is outside the United States, submit the required photographs of the person to be paroled.


3. Biometrics Services Requirement


a. All applicants for a Refugee Travel Document or a Reentry 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 Reentry 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 Reentry 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?")


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


Any travel document obtained by making a material false representation or concealment in this application will be invalid. A travel document will also be invalid if you are ordered removed or deported from the United States.

In addition, a Refugee Travel Document will be invalid if the United Nations Convention of July 28, 1951, shall cease to apply or shall not apply to you as provided in Articles 1C, D, E, or F of the Convention.


Expedite Request Instructions


To request expedited processing of an application for a Reentry Permit, Refugee Travel Document or an Advance Parole Document 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 Reentry Permit, Refugee Travel Document, or Advance Parole Document.


Include a written explanation of the reason for the request to expedite with any supporting evidence available. The burden is on the applicant to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

  • Severe financial loss to company or individual

  • Extreme emergent situation

  • Humanitarian situation

  • Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government).


Page 8,

What Is the Filing Fee?

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.
















































Use the following guidelines when you prepare your check or money order for the Form I-131 fee:


  1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and

  2. Make the check or money order payable to U.S. Department of Homeland Security.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."











Notice to Those Making Payment by Check. If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and will be shown on your regular account statement.


You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times.













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


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


Page __,

What Is the Filing Fee?


Reentry Permit: The filing fee for a Reentry 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 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 Document (including individuals whose cases were deferred pursuant to DACA): The filing fee for an Advance Parole Document is $360. The biometrics services fee is not required.


Advance Parole Document for an individual outside the United States: The filing fee for an Advance Parole Document for an individual outside the United States 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).


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 an Advance Parole Document 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.



Use the following guidelines when you prepare your check or money order for the Form I-131 fees:


  1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


  1. Make the check or money order payable to U.S. Department of Homeland Security.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS."


  1. If you live outside the United States, contact the nearest U.S. Embassy or consulate for instructions on the method of payment.


Notice to Those Making Payment by Check. If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours and will be shown on your regular account statement.


You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times.


How to Check If the Fees Are Correct


The 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 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. For TDD (hearing impaired) call: 1-800-767-1833.

Page 6,

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):


If you are either the dependent spouse or child of a HRIFA principal or a HRIFA principal who has Form I-485 pending; or


If you are a dependent spouse or a dependent child of a principal HRIFA applicant and are seeking advance parole to enter the United States to file for adjustment of status or to enter the United States to file for adjustment of status as a permanent resident, then file your application at the USCIS Dallas Lockbox facility.


USCIS Dallas Lockbox


For U.S. Postal Service deliveries:


USCIS

PO Box 660866

Dallas, TX 75266

For Express mail and commercial courier deliveries:


USCIS

Attn: HRIFA

2501 S. State Hwy. 121, Business

Suite 400

Lewisville, TX 75067


2.Battered Spouse/Children:


If you are filing as a battered or abused spouse or child and you are filing Form I-131 concurrently with Form I-485, or, if you are requesting advance parole, based on a pending Form I-485, file all forms with the USCIS Vermont Service Center.


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


If you are a T non-immigrant visa status holder or a U non-immigrant visa status holder, and you are filing your Form I-131 together with Form I-485, or you are filing your Form I-131 based on a pending Form I-485, file Form I-131 with the USCIS Vermont Service Center. Include a copy of the I-797C Notice of Action, showing that your I-485 was accepted.


USCIS Vermont Service Center

USCIS Vermont Service Center

ATTN: CRU

75 Lower Welden Street

St. Albans, VT 05479-0001


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


If you are filing for advance parole, and are filing Form I-131 together with Form I-821, Application for Temporary Protected Status, follow the filing instructions for Form I-821.


If you are filing Form I-131 by itself, based on a pending or approved Form I-821, file your Form I-131 with the USCIS Dallas Lockbox facility. Include a copy of the I-797C Notice of Action showing that your Form I-821 application was accepted or approved.


For U.S. Postal Service deliveries:

USCIS

P.O. Box 660167

Dallas, TX 75266


For Express mail and commercial courier deliveries:


USCIS

Attn: I-131 TPS

2501 S. State Hwy. 121 Business

Suite 400

Lewisville, TX 75067


5.Advance Parole Based on Pending I-485:

You may submit Form I-131 either alone or together with Form I-485. If you are filing Form I-131 together with Form I-485, file it according to the filing instructions for the Form I-485.


If your Form I-485 is pending and you are now filing Form I-131, review the I-797C Notice of Action you received in the mail for your Form I-485. If your application receipt number begins with MSC or does not have three letters at the beginning of the receipt number, file your Form I-131 application at the USCIS Chicago Lockbox facility.


If your I-797C Receipt number begins with EAC or SRC, file your Form I-131 at the USCIS Dallas Lockbox facility. NOTE: Please note specific filing instructions on Page 6 for applicants filing as "Battered Spouse/children" and "T" and "U" non-immigrant visa status holders.


If your I-797C Receipt number begins with LIN or WAC, file your Form I-131 at the USCIS Phoenix Lockbox facility. See chart.


NOTE: If you are filing Form I-131 based on a pending Form I-485, include a copy of the I-797C, Notice of Action, which shows your Form I-485 was accepted.

6. Humanitarian Parole (HP):

If you are a beneficiary outside the United States making the request on humanitarian grounds, of a Private Bill, or in removal proceedings (See Form I-131, Part 2. Application Type “e” or “f'”), file your applications at the USCIS Dallas Lockbox facility:…


(DLB addresses)…


If you are seeking to file a Form I-131 at an overseas Embassy or Consulate, you must appear in person at the Embassy or Consulate to request pre-authorization. If the Overseas District Director with jurisdiction over your location determines that you may file the Form I-131, you must file the application and pay the fee at the Embassy or Consulate, either in person or by mail. You will be required to appear at the Embassy or Consulate for biometrics collection as well.


If you are currently in removal proceedings or have been previously removed from the United States, you will need to submit your request to:


Department of Homeland Security

Immigration and Customs Enforcement

Office of International Affairs

Attn: Section Chief, Law Enforcement Parole Branch

800 N. Capitol Street

Washington, DC 20536


7. All Other Form I-131 Filings, Including Reentry Permits:


If you are filing Form I-131 based on a category not previously mentioned, then file your Form I-131 with either the USCIS Phoenix Lockbox or Dallas Lockbox facility, based on where you live. See Chart below.


NOTE: If you have already filed Form I-485, include a copy of the I-797C, Notice of Action, which shows your Form I-485 was accepted.

(Filing chart)…


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 __,

Where To File?

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 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 __,

Page __,


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. For TDD (hearing impaired) call: 1-800-767-1833.


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 9,

Processing Information


Any Form I-131 that is not signed or accompanied by the correct fee(s) will be rejected with a notice that Form I-131 is deficient. You may correct the deficiency and resubmit Form I-131.  An application or petition is not considered properly filed until accepted by USCIS.


Initial Processing

Once a Form I-131 has been accepted, it will be checked for completeness, including submission of the required initial evidence.  If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility, and we may deny your Form I-131.


Requests for More Information or Interview

We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy.  We will return these originals when they are no longer required.


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. As a consequence, you may be ineligible for a visa or other document for which permanent resident aliens are eligible.


You may also be inadmissible to the United States if you seek admission as a returning resident, and you may become ineligible for adjustment of status as a permanent resident, or naturalization on the basis of your original entry.


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Processing Information


Any Form I-131 that is not signed or accompanied by the correct fee(s) will be rejected with a notice that Form I-131 is deficient. You may correct the deficiency and resubmit Form I-131.  An application or petition is not considered properly filed until accepted by USCIS.


Initial Processing

Once a Form I-131 has been accepted, it will be checked for completeness, including submission of the required initial evidence.  If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility, and we may deny your Form I-131.


Requests for More Information, Including Biometrics, or Interview

We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy.  We will return these originals when they are no longer required.


At the time of any interview or other appearance at a USCIS office, USCIS may require that you provide biometrics information (e.g., photograph, fingerprints) to verify your identity and update your background 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 INA.


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 INA. As a consequence, you may be ineligible for a visa or other document for which permanent resident aliens are eligible.


You may also be inadmissible to the United States if you seek admission as a returning resident, and you may become ineligible for adjustment of status as a permanent resident, or naturalization on the basis of your original entry.




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 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.


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USCIS Forms and Information

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 the system, 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.

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Penalties


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,

USCIS Privacy Act statement

AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101, et seq.


PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. The information you provide will be used to grant or deny the benefit sought.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your Form I 131.

ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.



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AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101, et seq.


PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. The information you provide will be used to grant or deny the benefit sought.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your form.


ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.


Page 10,

Paperwork Reduction Act

An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 1 hour and 55 minutes per response, including the time for reviewing instructions, and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, 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.

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Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 3 hours and 34 minutes per response, including the time for reviewing instructions and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 20 Massachusetts Avenue, N.W., Washington, DC 20529-2140; OMB No 1615-0013. Do not mail your completed Form I-131 to this address.




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