I-131 Instructions Table of Changes

I131-013-INS-TOC-BiometricsRule-NPRM-05132020.docx

Application for Travel Document

I-131 Instructions Table of Changes

OMB: 1615-0013

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TABLE OF CHANGES – INSTRUCTIONS

Instructions for Form I-131, Application for Travel Document

OMB Number: 1615-0013

05/13/2020


Reason for Revision: Biometrics Rule

Project Phase: NPRM


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Expires 04/30/2022

Edition Date 04/24/2019



Current Page Number and Section

Current Text

Proposed Text

Pages 2-7,

Who May File Form I-131?


[page 2]


Who May File Form I-131?



1. Reentry Permit


a. If you are in the United States as a lawful 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 services appointment. (See Item Number 3. Biometrics Services Requirement in the General Requirements section of these Instructions.)



[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 lawful 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 the 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, U.S. 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 lawful 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 1 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.


[new]
















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 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 USC 1158(c)(2)(D).



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, U.S. 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 biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied.



[page 2]


Who May File Form I-131?



1. Reentry Permit


a. If you are in the United States as a lawful 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 services appointment.









[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 lawful permanent resident as a direct result of your refugee or asylee status in the United States, you may apply for a Refugee Travel Document. 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. You should apply for a Refugee Travel Document BEFORE you leave the United States. A Refugee Travel Document may be sent to a U.S. Embassy, U.S. Consulate, or DHS office abroad for you to pick up, if you request it when you file your application.


Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement. You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometric as required, or you depart the United States before your biometrics are collected, USCIS may deny your application, petition, or request.


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


(1) Have valid refugee or asylee status; or


(2) You are a lawful 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 1 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.


Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement. You will be notified by USCIS or the Department of State of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometric as required, USCIS may deny your application, petition, or request.



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 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 USC 1158(c)(2)(D).




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, U.S. 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 you depart the United States before your biometrics are collected, the application may be denied.




Page 8,

General Instructions

[page 8]



Evidence. You must submit all required initial evidence along with all the supporting documentation with your application at the time of filing.


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.



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


[new]

[page 8]



Evidence. You must submit all required initial evidence along with all the supporting documentation with your application at the time of filing.


Biometrics Services Appointment. Every individual who is an applicant, petitioner, derivative, beneficiary, or sponsor of an immigration benefit request or other request submitted to USCIS is required to submit biometrics unless USCIS waives or exempts the requirement. You will be notified of the time and place of your appointment if you must appear and you will be provided requirements for rescheduling if necessary. If you fail to submit any biometrics as required, USCIS may deny your application, petition, or request.


DHS may store the biometrics submitted by an individual and use or reuse biometrics to conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), verify identity, produce documents, determine eligibility for immigration and naturalization benefits, or to perform any other functions necessary for administering and enforcing immigration and naturalization laws, and any other law within DHS authority.


If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:


  1. You provided or authorized all information in the application;

  2. You reviewed and understood all of the information contained in, and submitted with, your application; and

  3. All of this information was complete, true, and correct at the time of filing.


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.



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


4. Part 8. Biographic Information. Provide the biographic information requested. Providing this information as part of your application may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions.


A. Ethnicity and Race. Select the boxes that best describe your ethnicity and race.


B. Categories and Definitions for Ethnicity and Race


(1) Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 8., Item Number 1.)


(2) American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.


(3) Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.


(4) Black or African American. A person having origins in any of the black racial groups of Africa.


(5) Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.


(6) White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.


C. Height. Select the values that best match your height in feet and inches. For example, if you are five feet and nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters.


D. Weight. Enter your weight in pounds. If you do not know your weight or need to enter a weight under 30 pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms.


E. Eye Color. Select the box that best describes the color of your eyes.


F. Hair Color. Select the box that best describes the color of your hair.


Pages 8-12,

General Requirements


[page 8]


General Requirements



You must file your application with all required evidence. Not submitting required evidence will delay the issuance of the document you are requesting. USCIS may request additional information or evidence or may request that you appear at a USCIS office for an interview or for fingerprinting. (See Item 3. Biometric Services Requirement below).


[Page 9]


If you are applying for:



[page 11]


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 must be produced from a high-resolution camera that has at least 3.5 mega pixels of resolution.



3. Biometrics Services Requirement


a. All applicants for a Refugee Travel Document or a Reentry Permit must complete biometrics at a USCIS Application Support Center (ASC) or, if applying for a Refugee Travel Document while outside of the United States at an overseas USCIS facility. If you are between ages 14 through 79 and you are applying for a Refugee Travel Document or a 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 What Is the Filing Fee section of these Instructions.)


c. An individual outside the United States who is seeking an Advance Parole Document for humanitarian reasons or for significant public benefit, including under one of the Family Reunification Parole policies, and who is between ages 14 through 79, must be fingerprinted as part of the USCIS biometrics services requirement. Depending on the individual’s location, USCIS or the Department of State will advise the location for the biometrics services appointment.


[page 12]


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.


5. Expedite Request Instructions


To request expedited processing of an application for a Reentry Permit, a Refugee Travel Document, or an Advance Parole Document for an individual outside the United States, other than under one of the Family Reunification Parole policies, type or print the word EXPEDITE in the top right corner of the application in black ink. USCIS recommends that you provide e-mail addresses and a fax number with any expedite request for a 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:


a. Severe financial loss to company or individual;


b. Extreme emergent situation;


c. Humanitarian situation; or


d. Non-profit status of requesting organization in furtherance of the cultural and social interests of the United States Department of Defense or National Interest Situation. (Note: The request must come from an official United States Government entity and state that a delay will be detrimental to the U.S. Government.)


[page 8]


General Requirements



You must file your application with all required evidence. Not submitting required evidence will delay the issuance of the document you are requesting. USCIS may request additional information or evidence or may request that you appear at a USCIS office for an interview or for biometrics collection.



[Page 9]


If you are applying for:



[page 11]


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 recently. 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 must be produced from a high-resolution camera that has at least 3.5 mega pixels of resolution.



[deleted]









































[page 12]


3. 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.


4. Expedite Request Instructions


To request expedited processing of an application for a Reentry Permit, a Refugee Travel Document, or an Advance Parole Document for an individual outside the United States, other than under one of the Family Reunification Parole policies, type or print the word EXPEDITE in the top right corner of the application in black ink. USCIS recommends that you provide e-mail addresses and a fax number with any expedite request for a 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:


a. Severe financial loss to company or individual;


b. Extreme emergent situation;


c. Humanitarian situation; or


d. Non-profit status of requesting organization in furtherance of the cultural and social interests of the United States Department of Defense or National Interest Situation. (Note: The request must come from an official United States Government entity and state that a delay will be detrimental to the U.S. Government.)



Pages 12-13,

What Is the Filing Fee?

[page 12]


What Is the Filing Fee?


Reentry Permit: The filing fee for a Reentry Permit is $575. A biometric services fee of $85 is required for applicants ages 14 through 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.



[page 12]


What Is the Filing Fee?


Reentry Permit: The filing fee for a Reentry Permit is $575. A biometric services fee of $85 is also required. The total fee is $660.


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 also required. The total fee is $190.


Page 14,

Processing Information

[page 14]



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, U.S. Embassy, or U.S. Consulate 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, U.S. Embassy, or U.S. Consulate, USCIS may require you to provide biometrics information (for example, photographs, fingerprints) to verify your identity and update your background information.



[page 14]



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, U.S. Embassy, or U.S. Consulate 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, U.S. Embassy, or U.S. Consulate, USCIS may require you to provide biometrics information to verify your identity and update your background information.



Page 16,

DHS Privacy Notice

[Page 16]


DHS Privacy Notice


AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the Immigration and Nationality Act sections 103, 208(c)(1)(C), 211, 212(d)(5)(A), 215 and 8 CFR sections 211.1(a)(3-4), 212.5, and 223.1-223.3.


PURPOSE: The primary purpose for providing the requested information on this application is to apply for a Reentry Permit, Refugee Travel Document, or Advance Parole Document, to include urgent humanitarian reasons or in furtherance of a significant public benefit. DHS uses the information you provide to grant or deny the immigration benefit you are seeking.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in denial of your application.


ROUTINE USES: DHS may share the information you provide on this application and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-001 - Alien File, Index, and National File Tracking System and DHS/USCIS-007 - Benefits Information System] and the published privacy impact assessments [DHS/USCIS/PIA-003(b) Integrated Digitization Document Management Program, DHS/USCIS/PIA-016a Computer Linked Application Information Management System and Associated Systems, and DHS/USCIS/PIA-051 Case and Activity Management for International Operations] which you can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.

[Page 16]


DHS Privacy Notice


AUTHORITIES: The information requested on this application, and the associated evidence, is collected under the Immigration and Nationality Act sections 103, 208(c)(1)(C), 211, 212(d)(5)(A), and 215 and 8 CFR sections 211.1(a)(3-4), 212.5, and 223.1-223.3.


PURPOSE: The primary purpose for providing the requested information on this application is to apply for a Reentry Permit, Refugee Travel Document, or Advance Parole Document, to include urgent humanitarian reasons or in furtherance of a significant public benefit. DHS uses the information you provide to grant or deny the immigration benefit you are seeking.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in denial of your application.


ROUTINE USES: DHS may share the information you provide on this application and any additional requested evidence with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessments [DHS/USCIS/PIA-016(a) Computer Linked Application Information Management System and Associated Systems and DHS/USCIS/PIA-051 Case and Activity Management for International Operations] which you can find at www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national security.


Page 15,

Paperwork Reduction Act

[page 15]


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 39 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 Ave NW, Washington, DC 20529-2140; OMB No. 1615-0013. Do not mail your completed Form I-131 to this address.


[page 15]


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 39 minutes per response, including the time for reviewing instructions and completing and submitting the form. The estimated burden for biometrics collection is 3 hours and 40 minutes. 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 Ave NW, Washington, DC 20529-2140; OMB No. 1615-0013. Do not mail your completed Form I-131 to this address.



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