OBTAINING AN EMERGENCY TRAVEL DOCUMENT
A common question from clients and potential clients is what they should do if they need to travel outside the U.S. and, if they are able to travel, what impact that will have on their immigration status and/or pending applications. This article will cover a few common scenarios in which someone is eligible to apply for an emergency travel document and the process to obtain this permit.
Travel Permits Tied to Other Applications
In certain cases, if you have a pending adjustment of status application, you can file an application for a travel document called an advance parole document. This document allows you to return to the U.S. after temporary travel abroad without abandoning your application for adjustment of status. To obtain an emergency travel document, the best practice is to contact USCIS and request an emergency appointment at the local USCIS field office. When you attend this appointment, you will need to bring a completed I-131, Application for Travel Document, and all required supporting documents, including proof of your emergency or humanitarian situation. If USCIS approves your request for an emergency travel document, the agency typically issues the travel document on the same day. These travel documents are typically valid for a maximum period of 30 days.
You can also utilize this process if you have Deferred Action for Childhood Arrivals (DACA), a pending I-589, Application for Asylum and Withholding of Removal, Temporary Protected Status (TPS), and certain other applications. Not all travel permits require an emergency or humanitarian situation. However, current processing times for travel permits issued without expedited processing are significantly delayed.
Important Note Regarding Foreign Travel
An advance parole document does not guarantee that you will be allowed to reenter the U.S. and it is important that you speak to a qualified legal professional regarding the risks and benefits of traveling using an emergency document.
**This article is intended to be construed as individual legal advice and does not create an attorney/client relationship.**