EFFECTIVE APRIL 1, 2005
DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-131
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004 DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-131
The mailing address has changed for certain applicants living in the locations above and filing for certain travel
authorization.
Aliens who are immediate relatives of a U.S. citizen, as defined by section 201(b) of the Act, and are filing
based upon an approved, concurrently filed, or pending Form I-130, Petition for Alien Relative;
Aliens who are widow/widowers of a U.S. citizen, as described by section 201(b) of the Act (I-360 petition or
an I-797 notice for the I-360 must be filed concurrently);
Aliens described by section 203(a) of the Act as the qualifying relative of a U.S. citizen or lawful permanent resident alien, and are filing based on an approved Form I-130;
Aliens described by section 203(d) of the Act as the derivative relatives of aliens described by section 203(a)
of the Act;
Aliens described by section 101(a)(15)(K) of the Act as the fiancé of a U.S. citizen or the minor child(ren) of
such fiancé, and are filing based on an approved Form I-129F, Petition for Alien Fiancé(e);
Aliens eligible for registry under section 249 of the Act;
Aliens eligible under the Cuban Adjustment Act of November 2, 1965;
Aliens described as special immigrants under sections 101(a)(27)(J), and (K) of the Act (if filing under
section 101(a)(27)(J) of the Act, an I-360 petition may be filed concurrently; if filing under section
101(a)(27)(K) of the Act, I-360 petition or I-797 notice for the I-360 must be filed concurrently);
Aliens described as Amerasians under section 204(f) of the Act (I-360 petition may be filed concurrently);
Aliens who are beneficiaries of an approved Form I-360 as a battered spouse or child;
Aliens who are beneficiaries of Private Bills;
Aliens who are winners of the Diversity Visa lottery;
Aliens from certain former Soviet and Southeast Asian countries who were paroled into the United States as
public interest parolees and are eligible to adjust under Public Law 101-167, "the Lautenberg Amendment;''
Aliens eligible under section 646 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRIRA);
Aliens eligible under section 13 of the Act of September 11, 1957; and
Aliens eligible for creation of record under 8 CFR section 264.2.
The Direct Mail address for the aliens mentioned above, applying for an Advanced Parole Document is:
U. S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
U. S. Citizenship and Immigration Services Attn: FBASI
427 S. LaSalle - 3rd Floor
Chicago, IL 60605-1098
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:
An H-1, temporary worker, or H-4, spouse or child of an H-1; or
An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
2.
A K-3, spouse, or K-4, child of a U.S. citizen; or
Validity of reentry permit.
1.
B.
A V-2, spouse, or V-3, child of a lawful permanent resident; and
Reentry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon return from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. embassy or consulate.
Refugee Travel Document - A refugee travel
document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold such status must have a refugee travel document to return to the United States after temporary travel abroad unless he or she is in possession of a valid advance parole document. A refugee travel document is issued by the CIS to implement Article 28 of the United Nations Convention of July 28, 1951.
Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
1.
a.
b.
c.
d.
If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a reentry permit. After filing your application for Reentry Permit, USCIS will inform you in writing when to go to your local Application Support Center (ASC) for your biometrics appointment.
Reentry Permit.
A.
I.
What Is the Purpose of This Form?
Who May File This Form?
a.
Department of Homeland Security
U. S. Citizenship and Immigration Services
Form I-131 Instructions (Rev. 05/02/07) Y Page 2
If you have been unlawfully present in the United States
for more than 180 days but less than one year and you
leave before removal proceedings are started against you, you may be inadmissible for three years from the date of departure.
Unlawful presence is defined as being in the United
States without having been inspected and admitted or paroled (illegal entry), or after the period of authorized
stay has expired.
Therefore, if you apply for adjustment of status after you return to the United States, resume an adjustment application that was pending before you left, or return to a status that requires you to establish that you are not inadmissible, you will need to apply for and receive a waiver of inadmissibility before your adjustment
application may be approved or your status continued.
If you are in the United States in valid refugee or asylee status, or if you are a permanent resident as a direct result of your refugee or asylee status in the United States, you may apply for a refugee travel document. Generally, you must have a refugee travel document to return to the United States after temporary travel abroad.
Refugee Travel Document.
II.
A.
You must be physically present in the United States when you file the application. However, a refugee travel document may be sent to a United States
embassy or consulate or DHS office abroad for you to pick up, if you request it when you file your application.
Validity of refugee travel document.
B.
1.
2.
C.
1.
NOTICE to permanent or conditional residents who remain outside the United States for more than one year: If you do not obtain a reentry permit and remain outside
the United States for one year or more, it may be
determined that you have abandoned your permanent or conditional resident status.
Advance Parole Document.
III.
Before you apply for an advance parole document, read this travel warning carefully.
A refugee travel document may not be issued to you if:
You have already been issued such a document
and it is still valid, unless the prior document has been returned to the USCIS, or you can demonstrate that it was lost; or
A reentry permit may not be issued to you if:
1.
2.
You have already been issued such a document
and it is still valid, unless the prior document has been returned to the USCIS, or you can demonstrate that it was lost; or
2.
3.
c.
C.
2.
NOTICE to permanent residents who obtain permanent residence as a result of their refugee or asylee status: If you do not obtain a reentry permit and remain outside the United States for one year or more, it may be determined
that you have abandoned your permanent resident status.
Travel Warning
Although advance parole may allow you to return to the United States, your departure may trigger the three-or ten-year bar, if you accrued more than 180 days of
unlawful presence BEFORE the date you were considered to be in a period of authorized stay.
However, certain immigration benefits and time spent in
the United States while certain applications are pending may place you in a period of authorized stay. These include, but are not limited to, a properly filed adjustment
of status application, Temporary Protected Status (TPS), deferred enforced departure (DED), asylum and
withholding of removal.
Generally, only those persons who can establish extreme hardship to their U. S. citizen or lawful permanent resident spouse or parent may apply for the waiver for humanitarian reasons, to assure family unity or when it is otherwise in
the public interest. (See sections 209(c), 212(a)(9) and
244(c) of the Immigration and Nationality Act for more information on unlawful presence and the available waivers.)
b.
If you are outside the United States and need to visit the United States temporarily for emergent humanitarian reasons:
A.
You may apply for an advance parole document. However, your application must be based on the
fact that you cannot obtain the necessary visa and
any required waiver of inadmissibility. Parole under these conditions is granted on a case-by-case basis
for temporary entry, according to such conditions
as prescribed.
1.
2.
A person in the United States may file this
application on your behalf. In so doing, he or she should complete Part 1 of the form with information about him or herself.
If you are in the United States and seek advance parole:
B.
1.
2.
3.
You may apply if you have been granted
Temporary Protected Status or another immigration status that allows you to return to that status after a brief, casual and innocent absence (as defined in
8 CFR 244.1) from the United States.
An advance parole document may not be issued to
you if:
C.
1.
2.
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
D.
1.
2.
The person seeking advance parole attempts to
enter the United States before a decision is made on the application.
General Filing Instructions.
Initial Evidence.
If you have not yet received your Form I-551, a copy of the biographic page(s) of your passport
and a copy of the visa page showing your initial admission as a permanent resident, or other evidence that you are a permanent resident; or
You must attach a copy of the document issued to you by the USCIS or former INS showing your refugee or asylee status and the expiration date of such status.
Reentry Permit.
Evidence of Eligibility.
I.
A.
You must attach:
1.
2.
3.
Refugee Travel Document.
B.
If you are in the United States, you must attach:
Advance Parole Document.
C.
1.
a.
b.
Form I-131 Instructions (Rev. 05/02/07) Y Page 3
You may apply if you are classified as a refugee or asylee and you seek to travel abroad for emergent personal or bona fide business reasons, or you are traveling to Canada to apply for a U.S. immigrant visa. (See Part II, Refugee Travel Document on Page of 2 of these instructions, for additional information on refugee/asylee travel); or
All applications must include a copy of an official photo identity document showing your photo, name and date of birth. (Example: a valid government issued driver's license, passport identity page, Form I-551, Permanent Resident Card or any other official identity document.) The copy must clearly show the photo and identity information. A Form I-94, Arrival/Departure Document, is not acceptable as a photo identity document.
Form I-131 Instructions (Rev. 05/02/07) Y Page 4
An Affidavit of Support (Form I-134), with evidence of the sponsor's occupation and
ability to provide necessary support; and
b.
A statement explaining why a U.S. visa cannot be obtained, including when and where
attempts were made to obtain a visa; and
c.
d.
A copy of any decision on an immigrant
petition filed for the person, and evidence regarding any pending immigrant petition; and
A complete description of the emergent reasons explaining why advance parole should be authorized and including copies of any
evidence you wish considered, and indicating the length of time for which the parole is requested.
f.
e.
Photographs.
II.
Invalidation of Travel Document.
Processing Information.
c.
A statement of how and by whom medical care, transportation, housing, and other expenses
and subsistence needs will be met; and
2.
a.
If the person seeking advance parole is outside the United States:
B.
If you are applying for an advance parole document and you are outside the United States, do not
submit the photographs with your application. Prior to issuing the parole document, the U.S. embassy or consulate or DHS office abroad will provide you with information regarding the photograph requirements.
Copies.
III.
d.
2.
1.
If you are applying for a person who is outside the United States, you must attach:
You must submit two 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: Digital photos are not acceptable.
If you are outside the United States and filing for a reentry permit, or if you are in the United States and filing for an advance parole doucment:
A.
g.
Two completed fingerprint cards (FD-258) You must indicate you Alien Registration Number (A#) on the fingerprint card and ensure that the completed cards are not bent, folded or creased. The fingerprint cards must be prepared by a
U.S. Embassy or U.S. Consulate, USCIS Office or U.S. Military Installation.
What If You Claim Nonresident Alien Status
on Your Federal Income Tax Return?
If you filed at a USCIS service center to adjust your status as a permanent resident, mail this application to that service center. The service center address is noted on the USCIS or former INS receipt related
to the filing of your adjustment application. You can also obtain the service center address by
visiting the USCIS website at www.uscis.gov or calling our National Customer Service Center at 1-800-375-5283.
If you were granted Temporary Protected Status,
file this application at the local USCIS office having jurisdiction over your place of residence.
2.
3.
If you are requesting an advance parole document, and are in removal proceedings or are the beneficiary of a Private Bill, mail this application to:
C.
USCIS Office of International Affairs
Parole and Humanitarian Assistance Branch
425 "I" Street, N.W.
Attn.: ULLICO Building, 3rd Floor
Washington, DC 20536
If you are outside the United States and applying for an advance parole document on humanitarian grounds, or if such a request is being filed on your behalf, mail this application to:
D.
USCIS Office of International Affairs
Parole and Humanitarian Assistance Branch
425 "I" Street, N.W.
Attn.: ULLICO Building, 3rd Floor
Washington, DC 20536
The fee for this application is $170.00. The fee must be submitted in the exact amount. It cannot be refunded. Do not mail cash. All checks and money orders must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency. The check or money order should be made payable to the U.S. Department of Homeland Security, except:
What Is the Fee?
A.
B.
If you file a nonresident alien tax return or fail to file a tax return, you may be regarded as having abandoned residence
in the United States and as having lost your permanent
resident status under the Act. As a consequence, you may be ineligible for a visa or other document for which permanent resident aliens are eligible.
Haitian Refugee Immigrant Fairness Act (HRIFA) dependent spouse or child outside the United States: If you are the spouse or child of a principal HRIFA applicant and are seeking advance parole to enter the United States
to file for adjustment of status as a permanent resident, mail this application to:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
E.
If you are a refugee or asylee who has filed an adjustment of status application and are now requesting an advance parole document, mail this application to:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
F.
NOTE: If you are a refugee or asylee and have not filed an adjustment of status application, you cannot apply for advance parole. You must request a refugee travel document before departing from the United States. (See instructions on Page 4, "Where to File," item A.)
1.
If you are applying for a reentry permit or refugee travel document, mail the application to:
If you are in the United States and filing for an advance parole document:
Where to File.
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
A.
B.
Form I-131 Instructions (Rev. 05/02/07) Y Page 6
What Is Our Authority for
Collecting This Information?
To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can get USCIS forms and information on immigration laws, regulations and procedures by calling our National Customer Service Center toll-free at 1-800-375-5283 or visiting our internet web site at www.uscis.gov.
Paperwork Reduction Act Notice.
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 contains a currently valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood and impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex. The estimated average time to complete and file this application is as follows: (1) 10 minutes to learn about the law and form; (2) 10 minutes to complete the form; (3) 35 minutes to assemble and file the application; for a total estimated average of 55 minutes per application. If you have comments regarding the accuracy of this estimate or suggestions for making this form simpler, write to the U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Ave., N.W., Washington DC 20529; OMB No. 1615-0013. Do not mail your completed application to this address.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.
What Are the Penalties for
Providing False Information?
Check box if G-28 is attached.
5. Name (Family name in capital letters)
6. Address (Number and Street)
DO NOT WRITE IN THIS BLOCK FOR USCIS USE ONLY (except G-28 block below)
Part 1. Information about you. (Please type or print in black ink.)
Receipt
Document Issued
If Reentry Permit or Refugee Travel Document, mail to:
To be completed by Attorney/Representative, if any.
(First)
I am applying for an advance parole document for a person who is outside the United States. If you checked box "f", provide the following information about that person:
Part 2. Application type (check one).
1. Name (Family name in capital letters)
5. Address (Number and Street)
(First)
(Middle)
2. Date of Birth (mm/dd/yyyy)
3. Country of Birth
INITIAL RECEIPT
RESUBMITTED
RELOCATED: Rec'd.
Sent
COMPLETED: Appv'd.
Denied
Ret'd.
1. A #
2. Date of Birth (mm/dd/yyyy)
3. Class of Admission
4. Gender
7. Country of Birth
9. Social Security # (if any.)
(Middle)
Action Block
8. Country of Citizenship
4. Country of Citizenship
Daytime Telephone # (area/country code)
Department of Homeland Security
U. S. Citizenship and Immigration Services
Part 4. Information about your proposed travel.
Purpose of trip. If you need more room, continue on a seperate sheet(s) of paper.
Part 5. Complete only if applying for a reentry permit.
Part 6. Complete only if applying for a refugee travel document.
1. Country from which you are a refugee or asylee:
If you answer "Yes" to any of the following questions, you must explain on a separate sheet(s) of paper.
2. Do you plan to travel to the above named country?
5. Where do you want this travel document sent? (Check one)
To the U.S. address shown in Part 1 on the first page of this form.
a.
b.
c.
Since you became a permanent resident of the United States, have you ever filed a federal income tax return as a nonresident, or failed to file a federal income tax return because you considered yourself to be a nonresident? (If "Yes," give details on a separate sheet(s) of paper.)
d. If you checked "b" or "c", where should the notice to pick up the travel document be sent?
To the address shown in Part 2 on the first page of this form.
Address (Number and Street)
Daytime Telephone # (area/country code)
1. Date of Intended Departure (mm/dd/yyyy)
2. Expected Length of Trip
If you are applying for an Advance Parole Document, skip to Part 7.
4. Have you ever before been issued a reentry permit or refugee travel?
Yes (Give the following information
for the last document issued to you):
Date Issued (mm/dd/yyyy):
Disposition (attached, lost, etc.):
Yes (Name of DHS office):
3. Are you, or any person included in this application, now in exclusion, deportation, removal or recission proceedings?
4. Since you were accorded refugee/asylee status, have you, by any legal procedure or voluntary act:
3. Since you were accorded refugee/asylee status, have you ever:
b. applied for and/or obtained a national passport, passport renewal or entry permit of that country?
Part 8. Signature.
Read the information on penalties in the instructions before completing this section. If you are filing
for a reentry permit or refugee travel document, you must be in the United States to file this application.
Please Note: If you do not completely fill out this form or fail to submit required documents listed in the instructions, you may not be found eligible for the requested document and this application may be denied.
Signature
Part 9. Signature of person preparing form, if other than the applicant. (Sign below.)
Date (mm/dd/yyyy)
Firm Name and Address
Signature
Daytime Telephone Number (with area code)
Daytime Telephone Number (with area code)
Address (Number and Street)
Daytime Telephone # (area/country code)
3. If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:
To the address shown in Part 2 on the first page of this form.
Part 7. Complete only if applying for advance parole.
1. For how many trips do you intend to use this document?
2. If the person intended to receive an advance parole document is outside the United States, provide the location (city and country)
of the American embassy or consulate or the DHS overseas office that you want us to notify.
On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. Include copies of any documents you wish considered. (See instructions.)
Date (mm/dd/yyyy)
Fax Number (if any.)