Re-entry permit
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A re-entry permit is required by some countries, for their citizens or tourists who leave the country for an extended period of time.
If a permanent resident alien of the United States leaves the country, especially while still waiting for his permanent residency to be approved, he is required to obtain a reentry permit to come back into the United States. It is a requirement that may be relaxed in some cases, such as in an extremely dire emergency, but generally the traveler will be found inadmissible, or their residency application may be denied.
Aliens who have applied to adjust status to that of permanent resident or change nonimmigrant status must obtain Advance Parole from the U.S. Citizenship and Immigration Services (USCIS) before traveling abroad. However, due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status or changing their nonimmigrant status, even if they have obtained Advance Parole Immigrant Visas.
Such aliens may be found inadmissible to the United States upon return, their applications for adjustment or change of status may be denied, or both. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission, even if they have obtained Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.
Aliens who have concerns about their admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
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[edit] Advance Parole
[edit] What is Advance Parole?
Advance Parole is permission for certain aliens, who do not have a valid immigrant visa, to re-enter the United States after traveling abroad. Such aliens must be approved for Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will abandon their application with the USCIS and will not be permitted to re-enter the United States upon their return.
[edit] Who needs Advance Parole?
Aliens in the United States who have:
- an application for adjustment of status pending
- been admitted as a refugee or have been granted asylum
- been granted benefits under the Family Unity Program
- been granted Temporary Protected Status
- an asylum application pending
- an emergent personal or bona fide reason to travel temporarily abroad
Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants in H-4 or L-2 status who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status.
[edit] Who is not eligible for Advance Parole?
Aliens in the United States are not eligible for Advance Parole if they are:
- in the United States without a valid immigration status
- an exchange alien subject to the foreign residence requirement
- the beneficiary of a private bill
- under removal proceedings.
[edit] How does one obtain Advance Parole?
File USCIS Form I-131 (Application for Travel Document), complete with supporting documentation, photos and fee, at your local USCIS office or the Service Center having jurisdiction over your place of residence. This form is also available by calling 1-800-870-3676, or by submitting a request through the USCIS forms by mail system. After receiving USCIS Form I-131, read it carefully and note the documentation and photos that must be submitted. Detailed information is provided in the instructions. Further information on forms, filing fees, and fee waivers is available in Forms, Fees & Filing Locations.
[edit] Does Advance Parole guarantee admission into the United States?
No, Advance Parole does not guarantee admission into the United States. Aliens who have obtained Advance Parole are still subject to the USCIS inspection process at the port of entry.
