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  • Travel Documents Needed or not?

    I applied for my permanent residency in dec 2000 based on my father's US citizenship.I got notice of approval in July 2001 from INS.

    I had already came to US on student visa in 1999. My student visa is still valid and i have been a full time student ever since i came in.

    Now I decided to visit my native country in dec 2002, thats when I found out that I need travel documents to leave US and come back. I reasearched on travel document requirement and found out that I needed to have applied for my I-485(adjustment of status) before I apply for travel documents.My lawyer never applied for I-485 but he insists that he did. I knwo he did'nt as I never had my medical done, which is required for filing I-485. Moreover I never got any notice of action from INS.SO I know he has not applied for my I-485. He says that I can apply for travel documents and can also use my current F-1 visa to leave US and come back.
    I have heard people on H-1 with thier green card in process can do that, but I m not sure that I can leave US on my F-1 and come back on my current status.
    Any input for travelling in this situation will be appreciated.

  • #2
    You should probably NOT try to travel on your F-1 as that is a non-immigrant visa. If the INS officers at the border find out you are intending to immigrate they will deny entry.

    Get to the bottom of the story about your AOS (I-485). Once you have submitted I-485, or at the same time, you should apply for advance parole, which will allow you to travel while the application is pending. You can also apply for permission to work if you need it.
    In any case, if your I-130 is approved, why delay in filing I-485?

    Comment


    • #3
      Azee, I got this information for you that shows the problems that you may face to renter even with rentre permit. I hope this helps.

      Before leaving the U.S. on an emergency, aliens should determine if they require a travel document to re-enter the country. There are several types of travel documents that aliens (including legal permanent residents) must obtain if they wish to re-enter the country after travel outside of the U.S. The following sections examine re-entry permits, advance parole, and refugee travel documents. To apply for any of these benefits, use INS Form I-131. A summary is provided below. For further information on the purpose of these documents and eligibility requirements, please refer to 8CFR.223.1.

      Caution

      Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.

      Admission into the U.S. is not guaranteed. In all cases, the alien is still subject to INS inspection at the port of entry to determine whether the alien is admissible into the country.

      Unlawful Presence
      Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods may be barred from admission, even if they have obtained Advance Parole. Those aliens unlawfully present in the United States for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings are inadmissible for three years; those who are unlawfully present for one year or more are inadmissible for ten years.
      Aliens who have concerns about admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.



      Re-Entry Permit
      Lawful Permanent Residents(green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR's returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S.
      Conditional residents use re-entry permits to re-enter the U.S. after travel of one year or more. For conditional residents returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit or until the date the conditional resident must apply for the removal of conditions, whichever comes first. The conditional resident should apply for this benefit before leaving the U.S.

      The Service does not extend re-entry permits. See Section 223 of the Immigration and Nationality Act.

      Please note that a re-entry permit does not guarantee admission into the U.S. Aliens with re-entry permits are still subject to the INS inspection process at the port of entry. It is also important to note that travel outside of the U.S for more than one year will under most circumstances break the continuous residence requirement for later naturalization purposes. See Section 316 (b) of the Immigration and Nationality Act.


      Advance Parole
      Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.
      Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

      Filed an application for adjustment of status but have not received a decision from the INS;
      Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
      An emergent personal or bona fide reason to travel temporarily abroad. Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file at INS, Office of International Affairs, Parole and Humanitarian Assistance Branch, 425 I Street, NW, ATTN: International Affairs, Washington, DC 20536
      Aliens in the United States are not eligible for Advance Parole if they are:

      In the United States illegally;
      An exchange alien subject to the foreign residence requirement;
      Please note that Advance Parole does not guarantee admission into the U.S. Aliens with Advance Parole are still subject to the INS inspection process at the port of entry. For more information on Advance Parole, please read our Travel Advisory.

      Comment


      • #4
        My husband received an advance parole in 1997 and 1999 and the following statements (see below) were on the document. The INS has now pointed out to us that he is inadmissible and requires the I-601 waiver. My question: does the time counting towards unlawful presence start April 1, 1997, or can it start earlier, say the day after your I-94 expired?

        "Notice to Applicant:
        Presentation of this authorization will permit you to: resume your application of status upon your return to the United States. If your adjustment application is denied, you will be subject to removal proceedings under section 235(b)(1) or 240 of the Act. If after, April 1, 1997, you were unlawfully present in the United States for more than 180 days before applying for adjustment of status, you may be found inadmissible under section 212(a)(9)(B)(i) of the Act when you return to the United States to resume the proceedings of your application. If you are found inadmissible, you will need to qualify for a waiver of inadmissibility in order for your adjustment of status application to be approved."

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