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.**
How Many Biometrics Appointments is USCIS Going to Schedule?
Our clients, as well firms all over the country, have been receiving multiple biometrics notices for the same application. For example, several of our clients have attended a biometrics appointment for an I-765, Application for Employment for Authorization, commonly referred to as a work permit, and, after attending the appointment, clients receive another notice instructing them to attend a second biometrics appointment. These notices offer no explanation as to why the second notice was issued. This is annoying and burdensome for clients, particularly for clients who do not reside close to the office where the biometrics are collected.
When this happens, the first question that clients ask is, “Why did this happen?” There are many possible answers to that question. However, the most likely answer is that USCIS made a mistake and issued the second notice in error. There is also a possibility that there was a problem with the collection or readability of your fingerprints. In any case, we are advising clients to attend these appointments even though it is both annoying and burdensome for them. The main reason we advise clients to attend is to avoid a potential wrongful denial based on abandonment. It is easier to attend a technically unnecessary biometrics appointment than it is to get USCIS to rescind a wrongful denial.
If you receive a biometrics notice and you are unable to attend, you need to let your attorney know immediately, so she can reschedule the appointment. If you do not have an attorney, follow the instructions for rescheduling on the biometrics notice to reschedule your appointment.