Uncategorized

Delivering Solutions For Your Future
Immigration in America, USA flag

Tag: travel document

How To Expedite Travel Documents

October 2, 2023

Author: New York Russian Speaking Immigration lawyer Alena Shautsova

If you are not a US citizen yet, you most likely have certain anxiety attached to possible international travel: you may be worried about being allowed to enter the US upon return, or if you can even qualify for travel documents, or if you will be able to return to the US after a prolonged stay abroad.

These are all common questions asked by both green card holders and those for whom the laws of the US allow to apply for a travel permit while they are in the process of receiving a status. For example, people granted asylum or a refugee status in the US can travel abroad only using an asylee/refugee travel document; persons in TPS status, adjustment of status pending, T status, or DACA may request advance parole which will allow them to return upon temporary travel abroad; persons with green cards who may stay abroad for longer than 6 months would want to file for a re-entry permit to avoid issues at the border.

 Almost all travel documents such as advance parole, re-entry permit, and refugee/asylee travel documents are filed for using form I 131 found at www.usics.gov. It is the same form that is used by different applicants for different purposes. The filing fee for the form will depend on the purpose or the type of travel authorization one is requesting. For example, today, for an advance parole one will have to pay $575, for a refugee travel document most applicants will pay $220, and for a re-entry permit: $660.

Typically, form I 131 is filed with USCIS by mail, and processing times vary upon the type of the document requested, and vary from 3.5 months to 6-9 months. But what if your need to travel is quite urgent and you cannot wait for such a long time? Then, depending on the type of document you request and the circumstances, you may request that USCIS expedite the issuance of travel documents.

There are two ways one can go about it. If your application with USCIS  had been filed already, and the travel needs from less urgent turned into very urgent, you can submit and expedite the request with USCIS asking to process the already filed application. Your request will have to comply with the expedited guidelines that can be found here: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.

You will have to demonstrate that failure to process the document fast will result in:

·       Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:

o   Timely file the benefit request, or

o   Timely respond to any requests for additional evidence;

  • Emergencies and urgent humanitarian reasons;
  • Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;
  • U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or
  • Clear USCIS error.

If USCIS agrees with you, your document will be issued pretty quickly, but still, it will take about 30 days to get processed!

But, there is a different way as well. What if the need to travel appeared within the past 48 hours due to some sort of emergency? Then (and it is true, especially for advance paroles), you may request that your travel document be issued to you in person at a local USCIS field office. For that, you first have to request an appointment at a local USCIS field office either by calling USCIS customer service number or using the online scheduling tool: https://my.uscis.gov/en/appointment/v2. If your request for the appointment is confirmed, you will have to appear at the local USCIS office with your filing fee, filled out form I 131, proof of emergency, a copy of your ID, passport, and 2 passport-style photos, as well as proof of your eligibility to seek advance parole (a copy of receipt for pending I 485 form, affirmative asylum, or having a DACA or TPS status for example). A local USCIS officer will decide if your request warrants merit, and if agrees with you, you will receive advance parole on that very day. 

U.S. Immigration Fingerprints Abroad

April 25, 2016

U.S. Immigration Fingerprints  Abroad

Author: US Immigration attorney Alena Shautsova

Almost all immigration applications require that an applicant comply with the biometrics requirement and appear for a fingerprinting procedure in the US.  Previously, U.S. Immigration fingerprints were not collected abroad.

This is especially true for such important applications as Re-Entry Permit for lawful permanent residents , Advance Parole and Refugee/Asylee Travel documents. All these applications should be submitted to USCIS using form I-131. After the submission, according to the instructions, the approved documents (that look almost like passports) can be shipped overseas. For example, due to an urgent travel an applicant cannot remain in the US and have to leave before he/she receives the document. In such cases, USCIS can send the document either to the overseas consulate or a specified address abroad. What the instructions do not say is that prior to departure, the applicant must appear for fingerprinting appointment in the US. For years, there was no exception to this rule, and one would miss such an appointment and depart the US, would face significant difficulties coming back as there was no way for the applicant to comply with the biometrics procedure overseas.

Recently, USCIS allowed applicants to comply with the biometrics requirement outside the US. Biometrics collection for certain applications, such as a Form I-131, Application for Reentry Permit, may be taken at a USCIS office abroad, even if the collection was originally scheduled at an ASC office in the United States. This is available to residents of countries where USCIS has an international office. For example, Russia, Germany.

Only those can demonstrate urgent and severe circumstances will be allowed to comply with the procedure overseas. In addition, the applicant would have to demonstrate that he/she tried to expedite or reschedule the fingerprinting appointment.  It means that one who has I-131 pending and has to leave the country urgently, still has to show his/her attempts to comply with the regular procedure.

Examples of urgent circumstances may include: an urgent job assignment, a need to take care of a family member that requires urgency, etc.

The new procedure will help thousands who previously did not have a choice and had to either miss an important presence overseas or forego US immigration benefits or jeopardize their status to comply with U.S. Immigration fingerprints abroad.