New York City Travel Documents Immigration Lawyer

A travel document is issued by a government to enable the movement of individuals across international boundaries, providing one’s identity in an official format. Travel documents serve the purpose of assuring other governments that the bearer can return to the issuing country.  They are commonly issued in booklet form to allow other governments to issue visas and entry and exit stamps. Leaving the United States during the immigration process can be incredibly risky, as it may result in abandonment of pending applications or trigger a re-entry bar.  Travel documents are necessary for all temporary travel into the United States. If you need help applying for travel documents (Form I-131) or are having legal issues with international travel while your case is pending, contact a New York City travel documents immigration lawyer from The Law Offices of Cheryl R. David to discuss our legal services.

Types of U.S. Travel Documents (Form I-131)

Depending on your immigration status and travel needs, you may need to file Form I-131, Application for Travel Document, prior to leaving the United States to obtain one of the following:

• Advance Parole: If you have a pending Adjustment of Status (green card) application, leaving the United States to travel can result in an abandoned application, ultimately resulting in denial. As such, an Advanced Parole document allows those with a pending application to travel internationally, without abandoning the application. This can be issued for multiple or single re-entries into the United States.
• Re-entry Permits: Green card holders who plan on traveling abroad long-term, meaning more than one year but less than two years, must obtain a re-entry permit prior to their departure for their trip. As such, you must be physically present in the United States to file an application. This helps prove that you did not intend to abandon your permanent residency. Without a re-entry permit, the Customs and Border Protection officer may determine that your residence has been abandoned.
• Refugee Travel Documents: Individuals who have been granted refugee or asylee status in the United States must use a refugee travel document to return to the United States after temporary travel abroad. This document replaces the need for a home country passport and is generally valid for one year. Traveling to the country you sought protection from without proper authorization can result in the revocation of your status as a refugee or asylee.

Traveling While on an Employment Visa (H-1B, L-1)

Certain nonimmigrant visas, like the H-1B and L1 visas, carry “dual intent.” Essentially, this means that as long as you have a valid stamp for one of these visas in your passport, you are generally permitted to travel internationally and re-enter the United States while your Adjustment of Status application is pending, without the need to apply for Advance Parole. However, because travel rules are incredibly specific and strict, eligibility will depend on your specific circumstances, which is why it’s always in your best interest to consult an experienced attorney prior to leaving the country.

Contact an NYC Travel Documents Immigration Lawyer

You should never assume that it is safe to travel internationally as a visa holder, refugee, asylee, or lawful permanent resident without first consulting an experienced immigration attorney. Our law firm can explain all of the opportunities associated with travel documents, guide you through your options, and help you achieve your goals. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.