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Q&A:
Travel Documents
May
29, 2000
Last week we discussed asylum and
refugee status, the basis for receiving it, and the procedure for
applying for it. We
frequently get questions from people who have already filed their
asylum applications, or who are here on refugee or parole status,
but who do not yet have their green cards.
It can take more than two years for such people to receive
their green cards. However,
many people need or want to travel outside the U.S. during that
time. In addition, we
get questions from people who already have gotten their green cards,
but are worried how long they can travel outside the US without
jeopardizing their status.
The questions below are typical of the questions we get about
these issues.
Q.
I came here from Georgia six months
ago as a refugee. Now I need to travel to Israel to see my ill
mother, but I lost my Georgian passport before I came here. Is there
a way to get a temporary passport from the U.S. government?
A.
Yes.
Certain types of people can obtain “travel documents”
that will enable them to travel without a passport from their own
country, and to return to the U.S. at the end of their travel. For
example, refugees and asylees may be eligible to obtain
"Refugee Travel Documents;" political asylum applicants
may be able to obtain "Advance Parole;" and permanent
residents are generally eligible for "Reentry Permits."
In your case, you should apply for
a “Refugee Travel Document.”
This document allows refugees or asylees to return to the US
after travel abroad. You should apply for a refugee travel document
before you leave the US. However, there are some cases where INS
officials will issue travel documents to refugees or asylees who are
physically outside the US. A
refugee travel document is generally valid for one year.
Q.
My wife and I applied for political
asylum last month. Now
an emergency has arisen with our family, and we need go back to our
country for a short visit. What
will happen to our case if we leave?
A.
The INS will consider that you are
abandoning your case (and you won’t be allowed back in the country
without another visa), unless you apply for a travel document prior
to leaving the U.S. You
will need to apply for a travel document called “Advance
Parole.” Advance
parole may be available to certain types of people such as:
political asylum applicants, parolees, and people who have applied
for permanent residence.
Keep in mind that returning to your
own country, may weaken your case for political asylum.
This is because the basis for your request for political
asylum is that you are unsafe or subject to persecution there.
If you go there for other than a real emergency, you run the
risk of diminishing your claim of persecution.
The requirement to obtain Advance
Parole does not apply to people, or their dependants, who are
maintaining valid H-1B status or L-1 status.
These types of visas automatically provide the right to leave
and reenter the U.S.
Q.
My sister in Russia has muscular
dystrophy, and needs constant attention. We have found a medical specialist in the U.S.
that will be able to provide here with treatment
that she wouldn’t be able to obtain in Russia.
We applied for a tourist visa for her several months ago, but
the visa was denied. Is
there some other way to bring her into the U.S. for this treatment?
A.
You may try to apply for her to
come here based upon “Humanitarian Parole.” This is another type of “Travel Document” that is similar
to “Advance Parole” I wrote about in the previous answer.
In general, Humanitarian Parole is available on a
case-by-case basis to people who are not otherwise eligible for a
visa. The applicant
must present a strong case that he or she needs to come into the
U.S. to prevent a humanitarian emergency.
This type of parole is potentially available to people in
your sister’s situation, although it is possible to be denied even
in such a sympathetic case. One
should really show that there is a serious risk to the applicant’s
life or health to have a strong case. The INS is very selective in
granting humanitarian parole, and denials may not be appealed.
(Of course, many Jewish citizens of countries of the former
Soviet Union have come as parolees under the “Lautenberg
Amendment,” but that is actually a special use of “Humanitarian
Parole.” It is
generally not so easy to get.)
Q.
I finally received my green card in
the mail a month ago. That
is good because I am taking my vacation in July, and want to travel
to France. I plan to
stay there for one month. Will
that be a problem? Are
there any papers I have to file with the INS before I leave?
A.
If you are going to be gone for one
month, your permanent residence status should not be affected.
In fact, you may stay outside the country for up to six
months and still be okay.
Many people will ask us about
traveling for a year or more. There
are actually two things to be concerned about when deciding how long
you can travel outside the country on a green card.
The first is that you should not
break the continuity of your US residence. If you do so, the result will be that you will have to start
all over again counting the years until you are eligible for
citizenship. That is
because eligibility for citizenship is based upon continuous
residence. Leaving the
country for more than one year breaks this continuity.
How do you prevent breaking continuity?
Simply do not stay outside the country for more than one year
at a time.
The second concern is that you
should not appear to be abandoning your US residence.
This is far more important, because if you are considered to
have abandoned your US residence, your green card is worthless.
If you need to travel outside the country for more than one
year (but less than two), and you are a permanent resident, you must
apply for a “Reentry Permit.” A reentry permit is not required
for a trip that is shorter than one year. (However, even with a
Reentry Permit, you are still subject to the break in continuous
residence). A Reentry
Permit is also available for permanent residents who want to travel,
but cannot get a passport from their own country. A Reentry Permit
is valid for two years.
Q.
How can I apply for a
“Travel Document”?
A.
You would apply for all three
types of Travel Documents mentioned above (Refugee Travel Document,
Advance Parole (and Humanitarian Parole), and Reentry Permit) using
INS Form I-131. This
form is appears to be very simple, but, as always, you should be
very careful to fill it out correctly and completely.
In addition, if you are using Form I-131 to apply for Advance
Parole or Humanitarian Parole, you should consider using a lawyer to
assist you. This is
because of the difficulty in writing a very compelling case, and
because of the inability to appeal a denial of these types of
requests. (However,
denials of applications for Refugee Travel Documents and Reentry
Permits may be appealed).
FOR MORE INFORMATION:
Contact John Byrley at
tel: 410-719-1501.
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