Appendix A I-131 Public Comments and Responses Matrix

Appendix A I-131 EXT Public Comments and Responses Matrix.docx

Application for Travel Document

Appendix A I-131 Public Comments and Responses Matrix

OMB: 1615-0013

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I-131 Extension 60 and 30-day FRN Public Comments Matrix


Comment #

Public Comments

USCIS Response

60-Day FRN Comment 1.

Commenter: Xuan Luo




I-131 instructions, section "General Requirements", part 1.c. "Advance Parole Document for Individuals Who Are Currently in the United States", says:
"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
[...]"
The words "or" in there mean that if any one of the items (2) through (5) are provided, the others are not needed. So an Adjustment of Status (I-485) applicant who provides an I-485 receipt (item (3)) does not need to provide an explanation (item (2)).

USCIS allows I-131 for Advance Parole to be filed concurrently with I-485 for Adjustment of Status. For example, in I-131 instructions, section "What Is the Filing Fee?", one paragraph says, "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." I would like the USCIS to clarify the instructions as to whether a concurrently-filed I-485 satisfies the condition of having an Adjustment of Status receipt in the General Requirements. In other words, does an I-131 for Advance Parole filed concurrently with I-485, not need an explanation, even though it doesn't literally include an I-485 receipt? The instructions only mention an Adjustment of Status receipt, and does not mention a concurrently-filed I-485. On the other hand, it would seem illogical if an I-131 filed after I-485, with an I-485 receipt, would not need an explanation, while an I-131 filed concurrently with I-485 would need an explanation.


If Form I-131 is filed concurrently with Form I-485 and the I-485 is accepted, USCIS will issue the I-485 receipt notice and will have record of doing so at the time that the I-131 is filed. For those cases where the Form I-485 was submitted at an earlier time (separate from the I-131), a copy of the I-485 receipt notice is required as USCIS does not have the I-485 in front of them when the I-131 is filed to know the basis for the advance parole request.




60-Day FRN Comment 2.

Commenter: Anonymous




There is absolutely no reason to limit DACA recipients to only travel for humanitarian reasons.

Not Germane to the information collection



60-Day FRN Comment 3.

Commenter: Albert Randle





My wife was brought here as a kid with no fault other then growing up in United States. As a proud African American nurse I believe in my country and it’s people to help others. How can we criminalize a group of people for their parent’s actions . When American’s never blamed my fellow White ancestors for the 400 years of free labor from brown Americans. I do not hold that against my fellow white Americans, but only want to give love and communicate for a more perfect union. She has not seen her mother for ten years. Her mother has already paid the price of not seeing her daughter. Please for my wife and my family please make the policy to reinstate Daca initial and provide advance parole for a group who have only known America as their home. My wife is a great person she got her GED last year, with a dream of working as a school translator. She is a hard working, loving mother, and I am one of the luckiest man on earth with the honor of her being my wife. America is lucky to have her. She makes this country great just like all the other immigrants that come here in search of a new begging. Thank you for your Service and taking the time to read this

Not Germane to the information collection




30-Day FRN Comment 1.

Commenter: Thomas Vercettie




I am a Permanent Resident in the US. I got my PR status through asylum and I do not have a passport from my home country. I apply for Refugee Travel Document (in lieu of passport) using form I-131 to be able to travel abroad.

It used to take 2 months to get a Refugee Travel Document , but now it takes even more than a year!

The problem is, when USCIS issues a Refugee Travel Document, it's valid for only one year. Most countries do not accept a document if it's expiring within 6 months, so practically we need to renew our travel documents every six months to be able to travel abroad to see our families in a third country.

The law does not set validity period of 1 year, this was USCIS's policy to issue Refugee Travel Documents that are valid for only 1 year. I am sure there are many refugees / asylees or permanent residents who got their status through asylum, that have to keep applying for Travel Document every six months.

If USCIS issues these Refugee Travel Documents with 2 or even 5 years validity period, it will greatly reduce demands / application for a new Travel Document. Not to mention, Refugee Travel Document is issued to people who are already in the US and living here for many years with an approved Permanent Resident status.

Form I-131, its instructions, and the revisions we proposed have no impact on the validity periods for RTD.  We are considering the comments and the validity periods for an RTD in other contexts.




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