asylee travel document

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• For U.S. Citizens/Lawful Permanent Residents

Advance Parole, Reentry Permit, and Refugee Travel Documentation for Returning Aliens Residing in the U.S

How to File The alien must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees. This form can be downloaded from U.S. Citizenship and Immigration Services' (USCIS) website. See the application for specific filing instructions.

How to File For a Re-Entry Permit If the alien is a permanent resident or conditional resident, he or she must attach:

• A copy of the alien registration receipt card; or
• If he has not yet received his alien registration receipt card, a copy of the biographic page of his passport and the page of his passport indicating initial admission as a permanent resident, or other evidence that the alien is a permanent resident; or
• A copy of the approval notice of a separate application for replacement of the alien registration receipt card or temporary evidence of permanent resident status.

How to File For Advance Parole An alien in the United States and applying for an Advance Parole document for him or herself must attach:

• A copy of any document issued to the alien by DHS showing present status in the United States;
• An explanation or other evidence demonstrating the circumstances that warrant issuance of Advance Parole.
• If the alien is basing his or her eligibility for Advance Parole on a separate application for adjustment of status or asylum, he must also attach a copy of the filing receipt for that application.
• If the alien is traveling to Canada to apply for an immigrant visa, he or she must also attach a copy of the consular appointment.

How to File For a Refugee Travel Document If the alien is a refugee or asylee applying for a refugee travel document, he or she must attach:

• A copy of the document issued by DHS showing the alien's refugee or asylee status and indicating the expiration of such status.

Where to File Where to file the Form I-131 depends upon the benefit sought. See the form instruction page for details.

When to File The alien must apply for the travel document before leaving the United States. Failure to do so may cause the alien to lose permission to re-enter the country, and lead to the denial of any other applications.

• Table of Contents
• Preface & Acknowledgements
• Acronyms & Abbreviations
• 1. A Brief History
• 2. Sources of Law
• 3. Elements of Asylum Law
• 4. Precedential LGBTQ/H Asylum Cases
• 5. The One-Year Filing Deadline
• 6. Withholding of Removal
• 7. Relief Under CAT
• 8. Voluntary Departure
• 9. Real ID Act
• 10. Safe Third Country
• 11. Challenging Asylum Cases
• 12. Working with Asylum Seekers
• 13. Working with LGBTQ/H Asylum Seekers
• 14. Elements of an Application
• 15. Preparing the I-589
• 16. Sample I-589
• 17. Preparing the Asylum Declaration
• 18. Declaration Dos and Don’ts
• 19. Annotated Sample Declaration
• 20. Corroborating Client-Specific Documents
• 21. Corroborating Country Conditions
• 22. Indexed Country Conditions Sample
• 23. Sample Cover Letter
• 24. Assembling Everything
• 25. Affirmative Application Process
• 26. Immigration Court Proceedings
• 27. Board of Immigration Appeals
• 28. Federal Court Review
• 29. Detained Asylum Seekers
• 30. Obtaining an Employment Authorization Document

31. Asylee Status

• 32. Withholding Status
• 33. CAT Status
• Important Resources

When asylum is granted, it means that the asylee will have the opportunity to live and work legally in the United States and will eventually have the opportunity to apply for lawful permanent residence and citizenship.

However, the Department of Homeland Security can, at least theoretically, reopen the case and attempt to terminate asylum and seek the removal of the asylee if it is determined that any one of a number of conditions are met: that country conditions have fundamentally changed such that the asylee no longer fears persecution; that the asylee committed a serious crime, either persecutory in nature or non-political outside of the United States; that the asylee poses a threat to the security of the United States; that the asylee was firmly resettled outside the United States prior to her arrival; that the asylee may be removed pursuant to a bi-lateral agreement to a safe third country that will provide protections; that the asylee has voluntarily returned to her home country; or, that the asylee has acquired a new nationality.

Practically speaking, attempts to revoke asylum are rare without new evidence that the asylee has committed a serious crime in the United States or fraudulently obtained asylum. It is important to note, however, that asylum is not a permanent, guaranteed status for life in the United States. For that reason, it is essential to encourage all asylees to apply for lawful permanent residence one year from the date on which they were granted asylum.

31.1 Change of Address

It is very important that asylum seekers and asylees keep CIS apprised of any changes in address. If your client’s application for asylum is pending or has already been granted, she should file her change of address form with CIS. This form (AR-11) is available at  http://www.uscis.gov/ar-11 . As with all forms sent to Immigration, the applicant should keep a copy of the form and mail it certified mail, return receipt requested. It is not generally necessary for the attorney to send in this form on the client’s behalf.

If the applicant has a case pending in Immigration Court, he must use form EOIR 33 which is available at  www.usdoj.gov/eoir/eoirforms/eoir33/ICadr33.htm . This form should also be copied and mailed certified mail, return receipt requested. A copy of the form must also be served on the ICE district counsel.

Even after an asylum applicant has won asylum, she must continue to inform CIS of address changes. This is especially important while her application for legal permanent residence is pending. If the applicant moves after filing for residency and later misses correspondence from CIS, her application could be denied and she could have to re-apply, adding several years to her wait to become a resident.

31.2 Derivative Asylum for Spouse and Children

Immediate family members present in the United States and included in the original asylum application automatically receive asylum together with the principal applicant. “Immediate family members” include the asylee’s spouse and unmarried children under 21 years of age.

Note: if the asylee won based on sexual orientation, but is still legally married to a spouse abroad, he is technically permitted to file a derivative application for her, but the application, acknowledging an ongoing opposite sex relationship, could lead to the underlying asylum application being reopened. If the applicant has minor children abroad, and testified about the opposite sex relationship that resulted in the children, he should be able to apply for derivative status for the children. The asylee must petition for immediate relatives within a two-year period after being granted asylum. This period may be extended for humanitarian reasons.

31.3 Eligibility for Employment and a Social Security Number

As an asylee, your client is automatically eligible to work in the United States, and DOES NOT need an Employment Authorization Document (EAD).  See  uscis.gov/graphics/lawsregs/handbook/Asylees031003.pdf .

Your client is eligible for an unrestricted social security card that along with proof of identity is sufficient to establish that she is eligible to work in the United States. See  www.ssa.gov/immigration/documents.htm . Unrestricted social security cards are obtained by applying with the Social Security Administration (SSA). Asylees will need to bring the original grant of asylum to the SSA, along with other proof of identity and signature. This card is only available following a final grant of asylum, and will not be issued if the Department of Homeland Security has reserved appeal. Asylees with final grants should wait approximately ten days to two weeks following a grant to request an unrestricted card, and applicants will receive the cards in the mail roughly two weeks after they have applied. SSA will provide a letter detailing this process upon application, and this letter will be sufficient for applying for public benefits as an asylee.

While no asylee is required to possess an EAD, many asylees do not possess sufficient proof of identity to easily obtain identity documents, including state IDs or Drivers’ Licenses. Accordingly, many asylees who do not possess a valid passport or other government-issued picture/signature identity card choose to apply for an EAD. An EAD, valid for one year, is offered free of charge to asylees upon initial application, but subject to a fee for subsequent renewal applications.

Congress has recently recognized that asylees often need an identity document immediately to begin their lives in the United States, and recently decided that EADs would be automatically provided to persons granted asylum at the Asylum Office.

It should be noted that an EAD should not be used as a substitute for an unrestricted social security card and a state-issued ID card. The latter two documents should be used, as soon as they are available, as proof of eligibility to accept employment in the United States when completing an I-9 form with a potential employer.

Some potential employers illegally require that asylees present an EAD as proof of employment eligibility. Such a demand is document abuse, and should be reported to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

31.4 Public Benefits

Asylees are entitled to certain public benefits. For the first seven years after being granted asylum, asylees are eligible for Social Security Income, Medicaid, and Food Stamps, and a variety of other benefits and services. Eligibility for many of these programs may extend past the first seven years. However, most of these programs themselves are time-limited, and individuals may only be able to receive benefits for periods of three months to a year, depending on the programs. Other programs may be available continuously.

Asylees who would like to access public benefits should speak to a qualified public benefits counselor as soon as possible upon their final grant of asylum. Clients with cases on appeal or who possess a conditional approval or a recommended approval are not eligible for most benefits until the appeal is complete or a final approval is granted. Some benefits, such as Safety Net benefits only require that an applicant demonstrate PRUCOL (permanently residing under color of law) status and a pending application may be sufficient for this purpose. Additionally, in many states, HIV-positive foreign nationals can receive HIV/AIDS treatment and medication under the AIDS Drug Assistance Program (ADAP) regardless of immigration status.

Some benefits programs administered through the Office for Refugee Resettlement provide benefits available only to asylees, refugees, and victims of human trafficking. Such programs include refugee cash and medical assistance, and should be accessed through a licensed refugee resettlement agency. Other clients should contact the CLINIC Asylee Hotline at 1-800-354-0365 to be placed with a refugee resettlement agency. In addition to administering benefits programs and providing general public benefits counseling, these agencies often provide English classes, employment training and placement programs, mental health programs, youth and elderly services, and referrals to other social service agencies as necessary.

It is important for the asylee to understand that unlike most other foreign nationals who may apply for legal permanent residence, asylees are not required to prove that they are not likely to become a public charge. Thus, they can receive government financial benefits without jeopardizing their future ability to obtain permanent residence in the United States.

Asylees are required to report all income earned in the United States to the Internal Revenue Service (IRS) and to pay taxes on that income.

31.6 Selective Service Registration

All males in the United States between 18 and 26 years of age are required to register for the draft. Asylees and asylum seekers are not exempt. Failure to register may have implications for your client when he applies to become a U.S. citizen. Information about the Selective Service can be found at  www.sss.gov .

31.7 International Travel

Asylees can travel outside the United States with refugee travel documents.  1  It is essential that the asylee not return to her home country until she has become a U.S. citizen and can travel with a U.S. passport. If the asylee does return to her home country, DHS could refuse to allow her to reenter the United States on the grounds that she implicitly no longer fears persecution.

Asylees must only travel with a United States issued Refugee Travel Document. If an asylee travels with the passport issued by the country from which she has been granted asylum, she can be seen as availing herself of the protections of her government which could lead to a finding by the U.S. government that she no longer needs asylum protection.

While asylees may have technical grounds of inadmissibility (such as unlawful presence in the U.S. or prior entry with a false passport), these immigration violations do not generally put an asylee at risk if he or she travels abroad.  2

If, however, an asylee has any criminal convictions in the U.S., he or she should consult with an immigration attorney before traveling outside the U.S.

Asylees should understand, however, that even after obtaining legal permanent residence, they will have to use a Refugee Travel Document to travel abroad. It is only after an asylee becomes a U.S. citizen that he will be eligible for a U.S. passport. Asylees should also understand that until they obtain U.S. citizenship they cannot travel back to their countries. When they apply to naturalize, they will have to list all international travel after obtaining legal permanent residence in the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to his country.

Individuals who have won withholding of removal or relief under the Convention against Torture, can never travel abroad. Leaving the United States would amount to self-enforcement of a removal order and they would not be permitted to re-enter the United States.

31.8 Asylee’s Adjustment of Status to Permanent Residence

After having been granted asylum, an asylee is eligible to apply to adjust her status to legal permanent residence (green card) with CIS one year after being granted asylum.  3  Residents may submit petitions to sponsor certain family members – spouses, minor children, and unmarried adult sons and daughters – for legal permanent residence.

To apply for adjustment of status, an asylee must prove that she: a) has been physically present in the United States for one year after having been granted asylum; b) remains a “refugee” (i.e. with a “well-founded fear of persecution,” etc.); c) has not been firmly resettled in any foreign country, and; d) is not “inadmissible” or warrants a waiver of applicable grounds of “inadmissibility.”  4

The asylee must file the following documents with CIS:

• Form I-485  and appropriate fee (or fee waiver request);
• Fingerprint fee (this fee cannot be waived);
• 2 passport style photographs;
• Form G-325A ;
• Evidence of asylee status (copy of I-94 and letter granting asylum or decision by Immigration Judge) ;
• Birth certificate (if available);
• Proof that applicant has been living in the United States for the last year (such as copy of lease, bills, pay stubs, or receipt of government benefits);
• Proof of legal change of name (if applicant has legally changed her name since winning asylee status.

Unlike most applicants for legal permanent residence, asylees are not required to prove that they are not “likely to become a public charge.” Thus, if an asylee has been receiving means-tested benefits such as public assistance or SSI, this will not prevent his eligibility for legal permanent residence. Also, adjustment applicants may request a waiver of the filing fee for the adjustment application if they can demonstrate that paying the fee would result in financial hardship. For further guidance on CIS fee waiver criteria, see the following CIS memos:  uscis.gov/graphics/publicaffairs/newsrels/FeeWaiver03_29_04.pdf  and  uscis.gov/graphics/lawsregs/handbook/FeeWaiverGd3404.pdf .

Eventually, after filing, the applicant will receive an interview notice  5  along with a medical examination form that he will have to get completed for the interview as instructed.

Applicants for adjustment of status who entered the United States with fraudulent documents (such as a passport purchased on the black market) will also have to submit an application for a waiver of inadmissibility. This waiver would also be submitted on form I-602.  uscis.gov/graphics/formsfee/forms/i-602.htm  .

Although the asylee’s asylum application and supporting documentation are part of her file with the CIS Officer, the adjustment interview will focus on eligibility for adjustment to permanent residence, not on the underlying asylum claim. If, however, there is a reason for the Officer to suspect that the applicant no longer fears returning to her home country, (for example, if the applicant has traveled home to her country, or if asylum was granted based on the applicant’s lesbian identity and she is now married to a man), then the Officer can ask questions about whether or not the applicant continues to meet the standard for asylee and/or whether or not the underlying asylum application was fraudulent.

31.9 Naturalization

A legal permanent resident is permitted to submit an application for naturalization to become a U.S. citizen five years after becoming a resident. However, once an asylee is granted adjustment to permanent residence, the date of admission is given as that of one year before the date of approval of the adjustment of status application, effectively reducing the wait to apply to naturalize to four years.  6

This status will afford the full protections under the law, and permanent, virtually irrevocable status in the United States. This final step in the immigration process may well be 10 years or more from the date your client files an asylum application. Advising your client of the on-going nature of proceedings with the Department of Homeland Security is imperative to the success of a new life in the United States.

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.

• 8 C.F.R. § 223.1(b). 
• However, in an INS memo issued on September 25, 2000, then INS General Counsel Bo Cooper stated:An asylee or refugee returning with a valid refugee travel document must be examined as to his or her admissibility. 8. C.F.R. Sec. 223.3(d)(2)(1). Webelieve that in the case of asylees, however, this requirement only applies to those grounds of inadmissibility that would also constitute grounds for termination of asylum under 8 C.F.R. Sec. 208.23. If an asylee arrives with a valid and unexpired refugee travel document and the inspecting officer determines that he or she is inadmissible, 8 C.F.R. Sec. 208.23(f) directs the INS to issue a notice of intent to terminate asylum and initiate removal proceedings under Sec. 240 of the Act. This would be an exercise in futility unless the ground of inadmissibility were also a ground of termination, such as an aggravated felony or national security related ground. By virtue of obtaining the refugee travel document, the asylee retains his or her asylum status unless that status is terminated under 8 C.F.R. Sec.§ 208.22.’ See  77 Interpreter Releases 1391.
• 8 C.F.R. § 209.2. 
• 8 C.F.R. § 209.2(a)(1)(ii); 8 C.F.R. § 209.2(a)(1)(iii); 8 C.F.R. § 209.2(a)(1)(iv); 8 C.F.R. § 209.2(a)(1)-(v). 
• Note: not all asylee adjustment applicants are interviews. Some applications are adjudicated entirely on paper by mail. If there is an issue which requires a waiver, such as HIV-positive status, or use of fraudulent documents, however, the applicant will almost certainly require a waiver. Also, since Immigraiton has speeded up processing asylee adjustments, they have been requiring the applicant to submit a medical examination form with the adjustment packet. 
• 8 C.F.R. § 209.2(f). 

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

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9 FAM 203.7 

Refugee Travel documents

(CT:VISA-1746;   04-03-2023) (Office of Origin:  CA/VO)

9 FAM 203.7-1  Issuance of Refugee Travel Documents

(CT:VISA-1576;   07-07-2022)

a. DHS issues refugee travel documents on Form I-571, Refugee Travel Document, to implement Article 28 of the United Nations Convention of July 28, 1951. Form I-571 entitles refugees to return to the United States, provided such persons have not abandoned their residence, lost their refugee status, or become excludable.  A valid Refugee Travel Document issued to an asylee, refugee or LPR should be regarded as a reentry permit.  In some instances, an LPR may be issued a refugee travel document, but only upon surrender of any prior reentry permit.  Occasionally, consular sections receive issued refugee travel documents for delivery to refugees abroad temporarily.  Posts should follow the same delivery guidance as for re-entry permit delivery (see 9 FAM 202.2-4(D)(2)).

b. Posts are occasionally contacted by individuals who were admitted to the United States as refugees or who were granted asylum, and who later departed without obtaining a Form I-571, Refugee Travel Document.  If such a person has been outside of the United States for one year or less, they may be eligible to file Form I-131, Application for Travel Document, to apply for a Form I-571. To be eligible, the RTD request must be filed with USCIS within one year of the individual's last departure from the United States. 

c. If the individual is eligible to file, you should refer them to the USCIS Form I-131 website for instructions on where the RTD application must be filed. They must pay the applicable Form I-131 filing fee(s) to the cashier at the U.S. embassy or consulate with jurisdiction over the individual's location and include the fee receipt when submitting their application package to USCIS.  USCIS international offices do not accept the filings of or process RTD applications. USCIS has the discretion to decide whether to accept the Form I-131 filing from abroad.

9 FAM 203.7-2  Refugees with Other Travel Documents

(CT:VISA-1746;   04-03-2023)

a. If an individual has been outside of the United States for more than 1 year, they are not eligible for an RTD.  They may instead apply for parole by filing a Form I-131, Application for Travel Document, with appropriate fee(s) with the USCIS Lockbox, following the Form I-131 instructions.  While the same form is used for both RTD and parole applications, you should refer the individual to the USCIS website "Humanitarian or Significant Public Interest Parole for individuals Outside of the United States" or the USCIS I-131 website for information on how to apply for parole for urgent humanitarian reasons.  If travel is urgent, they should be directed to follow the I-131 instructions for expedited processing.  See also 9 FAM 202.3-3(B)(1) for more on parole requests filed by individuals outside of the United States.

b. Refugees and asylees who have become LPRs may use different documents when traveling abroad, depending on their circumstances.  An LPR who traveled abroad but who is unable to return due to having an expired, lost, or stolen Form I-551, Permanent Resident Card, may choose to apply for an RTD or a Form I-131A, Application for Travel Document (Carrier Documentation), if they have been outside of the United States for less than one year.  If the LPR is not eligible for a waiver of documentary requirements and does not have an unexpired immigrant visa, reentry permit or other valid entry document, or has been outside of the United States for more than one year, the LPR is also potentially eligible for an SB-1 visa.  See also 9 FAM 502.7-2(C) for more on processing returning resident cases.  If they are ineligible for an SB-1 visa, parole may be an option.  Refer such LPRs to the USCIS Form I-131 or I-131A website for instructions on how to apply for these travel documents.  See also 9 FAM 202.2-4 for more on LPR travel with Form I-551, including situations involving expired lost or stolen I-551 cards, boarding foils, and other documents.

9 FAM 203.7-3  Lost Refugee Travel Documents

When an individual claims to have lost Form I-571 while traveling abroad and wishes to apply for a new RTD within one year of their last departure from the United States, you should direct them to the USCIS I-131 website for instructions on how to apply for a new RTD.

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Home » Guide to Form I-131, Application for Travel Document

Form I-131, Application for Travel Document

Form i-131 overview for:, form i-131 explained, what is form i-131 used for.

Certain non-citizens can file Form I-131, Application for Travel Document , to obtain various travel documentation. The application has different uses depending on the non-citizen's immigration status in the United States. When filing, applicants may request the following types of travel documents from U.S. Citizenship and Immigration Services (USCIS):

Reentry Permit

Refugee travel document, advance parole travel document, humanitarian parole.

Form I-131 is different than Form I-131A, Application for Travel Document (Carrier Documentation). Permanent residents use Form I-131A to obtain travel authorization after losing a green card or reentry permit while traveling outside the United States.

Eligibility to Apply for a Travel Document

Who needs form i-131.

Eligibility to file Form I-131 is dependent on the travel document type. Each travel document has specific criteria. In some cases, immigration status may also affect filing requirements. CitizenPath's Travel Document Package is an online service created by immigration attorneys. It's an affordable way to confirm eligibility and prepare the application correctly.

Permanent residents who anticipate an absence from the United States or one year or more should generally apply for a Reentry Permit. A green card is typically sufficient to reenter the U.S. after trips of less than one year. However, there is a presumption that you've abandoned your permanent residence when the absence is one year or more. A Reentry Permit helps mitigate this problem. With the exception of having to obtain a returning resident visa abroad, a reentry permit does not exempt you from compliance with any of the requirements of U.S. immigration laws. In other words, it is still important that you haven't taken actions that suggest you've abandoned your green card. Learn more about Reentry Permits >>

Individuals with asylum or refugee status generally must have a Refugee Travel Document to return to the United States after temporary travel abroad. In most cases, a refugee or asylee may use the Refugee Travel Document for travel in place of a passport. This is helpful because many lack a passport from their home country. In fact, the Refugee Travel Document is similar in appearance to a U.S. passport. Permanent residents, who obtained such status as an asylee or refugee, may also need a Refugee Travel Document in place of a passport. Learn more about Refugee Travel Documents >>

Advance Parole

Non-citizens who are in the United States (typically waiting for a more permanent immigration status) may be able to request Advance Parole. If eligible, Advance Parole is necessary to return to the United States after temporary travel abroad.

Although there are other eligible status, individuals with a pending Form I-485 (adjustment of status applicants) and recipients of Temporary Protected Status, use Advance Parole for brief trips. Generally, if you have applied for adjustment to that of a permanent resident, USCIS will deem your application abandoned if you leave the United States without first obtaining Advance Parole. When issued in combination with an Employment Authorization Card, Advance Parole is issued directly on the card (as pictured). Learn more about Advance Parole >>

I-131 Online Filing Options

Can form i-131 be filed online.

At this time, there is no way to submit Form I-131 to USCIS electronically, but you can prepare the form with an online service to make sure you prepare it correctly.

USCIS has not introduced online filing for this form. Regardless, e-file doesn't necessarily mean you get quick processing. If you are interested a quick approval, focus on submitting a well-prepared application package. It’s the difference between saving a couple of days with online filing versus saving several weeks with smooth processing. What’s more, USCIS is not your advocate. They are not looking out for your best interests. If you include information that damages your immigration future, USCIS isn’t going to correct you.

For people who want to make sure they are preparing the application correctly, CitizenPath offers an affordable service created by immigration attorneys. CitizenPath’s Travel Document Package will make the application easy and give you alerts if there’s a problem. You’ll also receive detailed filing instructions so you know exactly which supporting documents to submit with your application. CitizenPath even provides a money-back guarantee that USCIS will approve your application for a travel document.

Form I-131 Instructions

How do i fill out i-131.

CitizenPath's easy-to-use website helps you prepare the application quickly and accurately. Our online service provides step-by-step I-131 instructions to make it easy. We even give you a money-back guarantee that USCIS will approve your application.

If you prefer to fill out the Form I-131 PDF, you can download instructions from USCIS or follow this summary of directions.

General Guidance

• Type or print answers in black ink only. 
• Enter “N/A” if an answer is not applicable and "NONE" if your answer is zero.
• Foreign language documents must be accompanied by a full English certified translation .
• Submit your application with the current USCIS filing fee . Use a personal check, money order, cashier’s check or use Form G-1450 to pay by credit card.
• Submit photocopies for all supporting documents unless an original document is specifically required.
• For Information About You , answer the general questions about name, address and birth. Carefully indicate how you were admitted to the United States or your current status that makes you eligible for a travel document.

Parts 2, 3, and 4

• For Application Type , select which type of travel document you are requesting. Your choices are very limited based on your immigration status. In rare situations, such as humanitarian parole, you may provide information about yourself in the remainder of the section.
• For Processing Information , supply answers regarding your intended travel, removal proceedings, and previous travel documents. Disposition is an explanation of what happened to the previously issued travel document. Speak to an immigration attorney before traveling outside the United States if you are in removal proceedings or have accrued any time in an unlawful presence. If you are requesting a Reentry Permit or Refugee Travel Document, you may provide address information if you wish that it be delivered abroad instead of your U.S. address.
• For Information About Your Proposed Travel , describe the purpose of the trip and which countries you intend to visit. Generally, there are no restrictions for permanent residents requesting a Reentry Permit for temporary travel. However, individuals who have (or have had) asylum or refugee status should avoid traveling back to their country of claimed persecution. Speak to an attorney first. Likewise, some Advance Parole applicants -- such as DACA -- are limited to specific reasons for travel.

Parts 5, 6, and 7

• For If Applying for a Re-entry Permit , complete the section only if you are requesting a Reentry Permit. Your past time outside the United States may affect the term of your new travel document. Speak to an attorney if you ever considered yourself a "nonresident" during your time as a green card holder.
• For If Applying for a Refugee Travel Document , complete the section only if you are requesting a Refugee Travel Document. Again, any asylee or refugee generally should not travel to their country of claimed persecution. If you must travel to that country, speak to an immigration attorney first.
• For If Applying for Advance Parole , complete the section only if you are requesting an Advance Parole Travel Document. Indicate if the document should be valid for a single use or multiple trips. Again, in limited circumstances, you may provide information about an overseas U.S. embassy or DHS office if the person intended to receive the document is abroad.

Parts 8 and 9

• For Applicant's Statement , sign your application with black ink. A surprising number of I-131 rejections are the result of applicants forgetting to sign or signing in the wrong place. Provide an email and U.S. phone numbers where USCIS can reliably reach you. USCIS will rarely call applicants, but they will use email.
• For Preparer , provide information if applicable. If you prepared your Form I-131, it’s only necessary to sign as the “applicant.” If another person prepared the application for you, be sure Part 9 is filled in and signed appropriately.

This is an abbreviated list of Form I-131 instructions. We highly recommend that you download USCIS instructions or use CitizenPath’s service to prepare the application. CitizenPath provides filing instructions customized to your situation. You’ll get detailed I-131 instructions that explain which supporting documents to submit, how to organize, and where to mail.

Filing Addresses for the Application

Where to file form i-131.

USCIS accepts the I-131 application via mail only. They do not want applicants to submit the form in-person at USCIS offices. USCIS has numerous filing addresses. The address depends on various factors such as the basis of eligibility, travel document type, and U.S. state of residence. For the most up-to-date address, refer to your CitizenPath filing instructions or use the USCIS I-131 direct filing addresses .

Although USCIS receives your application package at these locations, they will process them somewhere else. If you have an interview (rare), it will be at a USCIS field office near the home address you provide.

Form I-131 Processing Time

How long does it take to get a travel document.

USCIS is reporting I-131 processing times in excess of one year at their service centers. Check USCIS processing times for the latest estimates. The best way to ensure a smooth process and quick processing time is to prepare a complete and problem-free application. For this reason, CitizenPath customers generally experience the best processing times for USCIS travel documents.

Expedited processing of a travel document is available in certain situations. For a detailed description of plausible reasons and how to communicate your urgent need, see our article on expedited processing for travel documents .

Reporting for processing times only includes forms that were successfully filed. If an individual does not correctly prepare a form or otherwise does not satisfy eligibility requirements, USCIS will reject or deny these requests. For the most recent year, USCIS reported the following national statistics:

USCIS Rejections in 2023

MODERATE RISK

USCIS Denials in 2023

How citizenpath helps you, is there an inexpensive way to file the i-131 application.

CitizenPath's affordable, online service makes it easy to prepare Form I-131, Application for Travel Document. Designed by immigration lawyers, the Travel Document Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application. Get started >>

Form I-131 Questions and Answers

The USCIS filing fee to submit Form I-131, Application for Travel Document, can vary significantly based on the type of travel document, age, and eligibility category. Use our pricing tool to determine your filing fee .

Generally, adjustment of status applicants may file I-131 "concurrently" with Form I-485 . Concurrently means that you can submit them together. This is the best way to get quick processing.

You may also file Form I-131 after filing Form I-485, but you'll need to wait until you receive the I-485 receipt notice. You'll need the receipt number so that USCIS can link the cases.

Generally, you must file Form I-131, Application for Travel Document, from inside the United States. The granting of an Advance Parole Document for individuals outside the United States is an extraordinary measure used sparingly to allow an otherwise inadmissible non-citizen to travel to the United States and to seek parole into the United States for a temporary period of time due to urgent humanitarian reasons or for significant public benefit. Seek the advice of an immigration attorney if you are outside the United States and feel the need to file Form I-131.

You should apply for a Refugee Travel Document or Reentry Permit before you leave the United States. However, the travel document may be sent to a U.S. embassy, U.S. consulate, or DHS office abroad for you to pick up, if you make such a request when you file your application. Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied.

Permanent residents who are outside the United States for less than one year and lost a green card, may be able to file Form I-131A, Application for Travel Document (Carrier Documentation), to obtain temporary document to return to the U.S.

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Refugee Travel Document Processing Time: How to Solve Timing Issues

Are you in the United States in refugee or asylum status?

If so, you will need a refugee travel document to travel outside of the United States. A refugee travel document is a small booklet, similar to a passport, and is necessary to travel if you are a refugee or asylee. Without a refugee travel document, you may be unable to reenter the United States, or you may potentially face removal proceedings.

In this guide, I’ll discuss the refugee travel document processing time. I will also discuss how to overcome timing issues if you must leave the United States urgently. If you have any questions, you may email me directly at [email protected] .

• Refugee Travel Document Processing Time
• How to Overcome Timing Issues
• What to Avoid: Travel to Your Country of Claimed Persecution

1. Refugee Travel Document Processing Time

There are 4 main steps throughout the process of getting a refugee travel document.

• Issuance of USCIS Receipt Notice
• Issuance of Biometrics Appointment Notice
• Actual Biometrics Appointment Date
• Issuance of Actual Refugee Travel Document

1. Issuance of USCIS Receipt Notice (1 to 3 Weeks from Filing)

The first step in getting a refugee travel document is to file Form I-131 with United States Citizenship and Immigration Services (USCIS). The Form I-131 is the Application for Travel Document. Once this form is filed, USCIS will mail you a receipt notice. The receipt notice is the confirmation that USCIS has received your case. This notice will also have a unique receipt number which can be used to track your case through the USCIS case status tracker . The USCIS receipt notice should come in the mail within 1 to 3 weeks of filing your Form I-131.

2. Issuance of Biometrics Appointment Notice (4-6 Weeks from Filing)

To get a refugee travel document, you must attend a mandatory biometrics appointment. At the biometrics appointment, your digital fingerprints are taken. Before your biometrics appointment, you are sent a biometrics appointment notice. This notice typically comes about 6 weeks from the time you file your refugee travel document application. The biometrics appointment notice specifies the time and date of the biometrics appointment. The appointment notice also includes important information about what you are required to bring with you to the biometrics appointment and how to reschedule the appointment if necessary.

3. Actual Biometrics Appointment Date (6-8 Weeks from Filing)

The actual biometrics appointment usually takes place about 8 weeks from the time the I-131 is filed with USCIS. Make sure to attend the correct USCIS Application Support Center as listed on the appointment notice. In addition, make sure to bring a valid form of identification such as a Driver’s License or passport.

4. Issuance of Actual Refugee Travel Document (2 to 5 Months from Filing)

Your actual refugee travel document should be issued within about 2 to 5 months from filing your Form I-131. You may request that the actual document be sent to your U.S. address, your attorneys address (if you choose to work with an attorney), or to a U.S. consulate or embassy abroad.

To find out the current USCIS processing time, you may also use the USCIS Case Check Processing Times resource.

2. How to Overcome Timing Issues

The Major Timing Issue: Physical Presence Requirement

As a refugee or asylee in the United States, you should ideally be physically present in the United States when your refugee travel document application is filed with USCIS.

You are still eligible to apply for a refugee travel document if you are outside of the United States, assuming your departure from the U.S. was less than a year before the application was filed. However, if you are outside of the U.S. when the application is filed, the USCIS director with jurisdiction over your case has discretion over whether to approve or deny your case.

For this reason, it is best practice to remain in the United States until you receive your refugee travel document. However, many people have an urgent need to leave the United States and cannot wait 2 to 5 months for the refugee travel document to be produced.

Now let’s discuss some potential solutions.

Leaving After the Biometrics Appointment

If you cannot remain in the United States until the actual refugee travel document is produced, one option is to leave after attending your biometrics appointment. On the application for refugee travel document, you can request that the document be sent to a U.S. embassy or consulate abroad. The biometrics appointment is typically scheduled to take place roughly 8 weeks after filing the refugee travel document application. This would considerably shorten the amount of time you are required to remain in the United States.

Expedited Processing

Another potential option is to request expedited processing of your refugee travel document application. In certain cases, USCIS will grant expedited processing of a case. Here is a link to the reasons why USCIS may grant expedited processing of a case.

Some reasons USCIS may expedite a case are as follows:

• Emergency situation
• USCIS error
• Severe financial loss to person or company
• Compelling interest of USCIS
• Humanitarian reason

If you plan to request expedited processing from USCIS make sure that you have a good reason supported by evidence. Expedite requests are granted on a case by case basis and are granted at the discretion of the office leadership.

Please send us an email if you have any questions about requesting expedited processing of your case.

Applying While You Are Outside of the United States

In some cases, you may be eligible to apply for a refugee travel document while you are outside of the United States. To be eligible to apply for a refugee travel document while you are outside of the U.S. you must apply within 1 year of your last departure from the U.S. You will have to include an explanation as to why you left the U.S. without first applying for a refugee travel document. The USCIS official with jurisdiction over your case will have the discretion to approve or deny your application.

3. What to Avoid: Travel to Your Country of Claimed Persecution

As someone with refugee or asylum status in the United States, traveling back to your country of claimed prosecution can have severe consequences to your immigration status in the United States. Such travel may be seen as a demonstration that your fear of persecution from that country is not genuine. In addition, such travel may be interpreted as a demonstration that you have voluntarily availed yourself to the protection of that country.

Which respect to the country from which you are a refugee or asylee, the I-131 requires you to answer the following questions:

• Do you plan to travel to the country from which you are a refugee or asylee?
• Since you were accorded refugee or asylee status, have you ever returned to the country from which you are a refugee or asylee?

Answering yes to either of these questions requires a written explanation along with your application and can be harmful to your chances of approval for a refugee travel document.

4. Conclusion

As a refugee or asylee in the United States, you must have a refugee travel document to travel outside of the country. Leaving the United States without a refugee travel document, you may be unable to reenter, or you may face removal proceedings. For this reason, a refugee travel document is highly important. If you need assistance with your refugee travel document application, you may email me directly at [email protected] . I would be happy to help you.

• Refugee Travel Document Guide – Ashoori Law
• USCIS Expedite Criteria
• USCIS Case Tracker
• USCIS Case Check Processing Times

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Michael Ashoori, Esq.

U.s. immigration lawyer.

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question?  Send me an email.

CALL +1-818-741-1117

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USCIS I-131A Application for Travel Document Fee

Before you start the payment process, eligibility.

Anyone can pay the I-131A filing fee from anywhere in the world. Whoever pays the fee must use a credit or debit card or U.S. bank account.

The current filing fee is $575.00

You must submit your filing fee before going to a U.S. Embassy or U.S. Consulate to file your Form I-131A. You must bring evidence of payment with you when you appear in person at your nearest U.S. Embassy or U.S. Consulate to file Form I-131A.

Refund Policy

USCIS does not refund fees, regardless of any action we take on your application, petition or request, or how long USCIS takes to reach a decision.

By continuing this transaction, you acknowledge that you must submit fees in the exact amount and that you are paying the fees for a government service.

Please refer to the instructions for the form(s) you are filing for additional information or you may call the USCIS Contact Center at 800-375-5283. For TTY (deaf or hard of hearing) 800-767-1833.

Information You May Need

To pay the fee, you will need the correct first and last names, date of birth, and A-Number as they appear on the lawful permanent resident's (LPR's) Green Card or Reentry Permit.

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Asylum Travel – Refugee Travel Document

If you are an asylum applicant, asylee (an individual who has been granted asylum), or lawful permanent resident who obtained such status based on your approved asylum application, you are subject to special rules with regard to traveling outside the United States. You may not be able to return to the United States if you leave the country without permission while your asylum petition is still pending, or you may lose your asylee status if you travel to the country of claimed persecution.

Traveling Outside the U.S. as Asylum Applicant

If you applied for asylum in the United States, and your case is pending, your departure from the United States will be considered as if you have abandoned your asylum application. To avoid this, you can apply with the United States Citizenship and Immigration Services (USCIS) for an advance parole before leaving the United States by filing Form I-131. An approved advance parole allows certain aliens to return to the United States without a visa after traveling abroad. However, even approved advance parole does not guarantee that you will be admitted into the United States after your absence. You will have to undergo inspection by an immigration inspector from United States Customs and Border Protection.

Importantly, even with advance parole, if you go the country in which you have been persecuted according to your asylum application, you will be presumed to have abandoned your asylum petition, unless you can explain why you had to go back to the country that persecuted you, and how you were able to return safely. If you do not provide a compelling explanation, your asylum application will be considered abandoned. Your return to the country of claimed persecution can also be considered evidence that your alleged fear of persecution is not genuine, undermining your chances to be granted asylum. Advance Parole is reviewed on case-by-case basis and rarely granted to asylum applicants.

Traveling Outside the U.S. as Asylee

If you have been granted asylum in the United States, you can travel abroad with prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document will also substitute your passport. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Generally, the asylee should obtain the refugee travel document prior to departure from the United States, although under certain circumstances refugee travel document can also be issued abroad. Like advance parole, a refugee travel document does not guarantee admission into the United States. Upon your return, you will have to undergo inspection by an immigration inspector from CBP.

Your asylum status may be terminated if you are discovered to have lied on your asylum application. In some circumstances, your return to the country of claimed persecution may be considered evidence that your alleged fear of persecution, based on which you obtained asylum, was not genuine. Upon your return to the United States, you may be questioned about why you had to visit the country of claimed persecution and how you were able to return safely. In some cases, you may become subject to proceedings to terminate your asylum status. Termination of your asylum status may also occur there has been a fundamental change in your country of persecution.

If you travel to a third country (meaning a country other than the United States or the country from which you have been granted asylum) as an asylee, even with a green-card and a travel document, you may be in danger of extradition to the country of persecution. Although Article 33 of the 1951 Refugee Convention establishes the principle of  “non-refoulement”, meaning that a country is prohibited from expelling a person who has been granted refugee status to the country where such person fears persecution, countries can claim “exceptional circumstances” to question the person’s refugee status. The non-expulsion provision also does not apply to a refugee who is considered to be a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country. Furthermore, countries who have not signed the 1951 Refugee Convention are not bound by the non-expulsion principle. India, Indonesia, Iraq, Libya, Malaysia, Mongolia, Saudi Arabia, Singapore, Syria, United Arab Emirates, and Uzbekistan are among the countries who are not parties to the 1951 Refugee Convention.

As mentioned above, before you travel to a third country, you must obtain a refugee travel document. Under the UN Convention, all countries who signed the 1951 Refugee Convention, must accept the Travel Document instead of your passport. Travel Document serves as your passport, but it does not waive the visa requirements of the third country which you intend to visit. Some countries, for example – Germany, do not require the US asylee’s to obtain visas. This means that, if you received US asylum and obtained a Travel Document, you can travel to Germany without applying for visa. However, not every country waives its visa requirements for US asylees. As such, it is always recommended to first check the visa requirements of the country which you intend to visit. If visa is required, it will be stamped in your Travel Document just as it would be stamped in your passport. You are not recommended to use your country’s passport during travel. If you use your passport for travel to a foreign state, you will be treated as a citizen of your home country, from which you escaped. Thus, by using your home country passport, you will avail yourself to extradition treaties that may exist between the country of your visit and the country of your persecution. Therefore, if you were granted asylum in the US, you should always present your US Refugee Travel Document when asked for passport and you should always introduce yourself as a US asylee. Travel to some states is never safe. For example, although Russia signed the UN Convention on Status of Refugees, Russian customs and immigration agencies often detain asylees and demand ransom threatening to send them back to the countries of persecution.

Traveling Outside the U.S. as Green-Card Holder after Asylum

If you are a lawful permanent resident (green-card holder), who obtained such status based on your approved asylum petition, you may travel abroad, but again, with Refugee Travel Document. Green-card gives you a right to return to the US. But green-card does not substitute a travel document or passport. Therefore, even if you have a green-card based on asylum, you should obtain a travel document before traveling.

If you return to the country of claimed persecution, you may be questioned upon your return to the United States about why you had to visit the country of claimed persecution and how you were able to return safely. In some cases, you may become subject to proceedings to terminate your underlying asylum status and thus your permanent residence.  If you travel to your country of persecution as a green-card holder and then apply for  naturalization , you may be questioned during your citizenship interview about why you went to the country of claimed persecution and how you were able to return safely.

As a naturalized U.S. citizen, you may travel freely, including to the country of claimed persecution. However, you should be cautious and assess whether or not you would be in any danger if you visit the country of persecution.

To explore your immigration options, please contact us at +1-703-527-1779 or via e-mail:  [email protected] .

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Statutory statement on the provision of an asylum partnership to strengthen shared international commitments on the protection of refugees and migrants.

Statutory statement for the provision of an asylum partnership to strengthen shared international commitments on the protection of refugees and migrants

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Statutory statement concerning the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the provision of an asylum partnership to strengthen shared international commitments on the protection of refugees and migrants.

Presented to Parliament pursuant to section 20(8) of the Constitutional Reform and Governance Act 2010.

The ‘Update on the UK-Rwanda Partnership’ (written ministerial statement) made on 25 April is also available.

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IMPORTANT ANNOUNCEMENT: Follow-to-Join Refugee Case Processing Now Centralized

Due to processing changes, follow-to-join refugee cases processed by Department of State embassies and consulates will only be processed at embassies or consulates offering immigrant visa services, or U.S. Citizenship and Immigration Service (USCIS) international field offices.  This will mean that cases currently being processed at posts that only adjudicate nonimmigrant visa applications will be transferred and follow-to-join refugee beneficiaries may need to travel to another country in order to be interviewed.  If your case is being transferred, you will be notified by the Department of State. 

The list of U.S. embassies and consulates below reflect some of the processing locations that will no longer process follow-to-join refugee cases, along with the newly designated embassy, consulate , or USCIS international field office to which the cases will be transferred.  For example, a follow-to-join refugee case arising in the consular district of the U.S. Embassy in Bamako, Mali, will now be processed at the U.S. Embassy in Dakar, Senegal. 

For a more complete list, you can visit Visa Issuing Posts in order to confirm whether an embassy or consulate nearest to your residence will process your follow-to-join refugee case. If the location provides “All” visa services, then your follow-to-join refugee case can be processed there, unless there is a USCIS international field office in that country.  Locations marked only as “NIV” will no longer process follow-to-join refugee cases.  Embassies or consulates that only offer nonimmigrant visa (NIV) services will note the designated processing post for immigrant visas (and follow-to-join refugees) on their websites https://www.usembassy.gov/ .  

Please note that the change only impacts follow-to-join refugees.  Follow-to-join asylees can still be processed at locations offering just NIV services.

What if I was already interviewed?

If you have not been issued a boarding foil, then your case file will be transferred to the regional processing location noted above or on the Visa Issuing Posts page.  

How will I know if my case has been transferred?

The Department of State will notify you if your case is transferred to another location.

What if I choose to have my case transferred to another location, since I am unable to travel to this NEW designated location?

Follow-to-join refugee beneficiaries may request to process their cases at another immigrant visa processing U.S. embassy or consulate that is different than the one designated.  If you would like to have your case transferred to a different embassy, consulate, or USCIS international field office, then you must provide justification for the case transfer and show that you can legally be present in the country while your case is being processed.  You will first need to submit a request directly with the National Visa Center (NVC) through the Ask NVC online submission form.  You should select the “How can I request to have my interview scheduled at a different U.S. Embassy overseas?” in the question dropdown list.  In the box entitled “Additional comments or questions not in the above list”, you should include a justification for requesting the different location and note that it is in regards to “follow-to-join refugee centralization.”

Can I use my still valid medical exam at a new processing location?

Yes, the results of a still valid medical exam completed in another location can be transferred to another embassy, consulate, or USCIS international field office.

Spouse and Unmarried Minor Children Abroad Following to Join a Refugee or Asylee in the United States

Welcome to the webpage dedicated to follow-to-join refugee and asylee processing. You have come to this webpage if you have a USCIS approved I-730 petition, and you received an email or letter from the National Visa Center (NVC) telling you that your petition was sent overseas for processing. Find the subject in the list below and click to visit that section of the page.

Overview – Follow-to-Join Refugees and Asylees

• Follow-to-Join Overseas Processing Steps

Overseas Interview Appointment Scheduling

Documentation needed for the overseas interview, medical examination and vaccination requirements, how long will it take to process a case overseas.

• Ineligibilities - What if a Beneficiary is Ineligible?

Case Inquiries

Using a Form I-730, Refugee/Asylee Relative Petition, a person who has been granted asylum or refugee status in the United States (the petitioner) may petition to have his or her spouse and/or unmarried children, who are called beneficiaries, join him or her in the United States. Overseas, the beneficiaries of Forms I-730 filed by asylees in the United States are known as  follow-to-join asylees . Beneficiaries of Forms I-730 filed by refugees are known as  follow-to-join refugees .

Follow-to-Join Overseas Processing

1.  Petition Filing:  An individual (petitioner) who was granted asylum in the United States as a principal asylee or who was resettled to the United States as a principal refugee can file an I-730, Refugee/Asylee Relative Petition, within the first two years of arrival, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), on behalf of his or her spouse and unmarried child(ren) (beneficiary). Further details on petition filing are available on the USCIS website under  Form I-730, Refugee/Asylee Relative Petition .

2.    National Visa Center (NVC) Pre-Processing Case Assignment:  If the beneficiary of an approved petition is located overseas, USCIS sends the approved Form I-730 petition to the  National Visa Center (NVC) . NVC then forwards the case file to the overseas location where the beneficiary will interview. NVC sends the petitioner a letter or email telling him/her which office will interview the beneficiary, how to get in touch with that office, and what steps to take next.   

3.  Beneficiary Interview:  The beneficiary will be interviewed by either a Department of State consular officer or USCIS officer at a U.S. Embassy or Consulate overseas. This interview will confirm the beneficiary’s identity, claimed relationship to the petitioner, and eligibility to travel to the United States. During the interview process, the beneficiary must provide ink-free, digital fingerprint scans. The beneficiary interview requires careful preparation, including having all required original documents available for the interview. Some beneficiaries also must complete a  medical examination  prior to interview. See the “Documentation Needed for the Overseas Interview” section below for details on what to bring to the interview.

4.  Approval to Travel as a Follow-to-Join Refugee or Follow-to-Join Asylee:  The interviewing officer will tell the beneficiary if he or she has been found eligible to travel to the United States.

5.    After Interview Processing:  Some cases require further  administrative processing , which takes additional time after the beneficiary’s interview. Follow-to-join refugee beneficiaries, for example, undergo post-approval processing to arrange for sponsorship by a voluntary resettlement agency in the United States upon arrival. (NOTE: All follow-to-join refugee beneficiaries are required to have a sponsorship assurance from a resettlement agency before travel to the United States in order to receive refugee benefits.)

6.    Issuance of Boarding Foil and Travel Packet:  An officer will place a boarding foil in the approved beneficiary’s passport or other travel document. The beneficiary also will receive a sealed envelope – called a "travel packet" – containing the documents for review by a DHS immigration official when the beneficiary enters the United States.

7.    Travel Arrangements : The beneficiary must enter the United States before the expiration date printed on the boarding foil. The officer who conducted the interview will advise the beneficiary about travel arrangements to the United States. Typically, follow-to-join asylee beneficiaries are instructed to make their own travel arrangements. Travel arrangements for follow-to-join refugee beneficiaries, on the other hand, are required to be arranged and managed by the International Organization for Migration (IOM). Follow-to-join refugee beneficiaries who arrive in the United States without IOM coordination will not receive the reception and placement benefits to which they are entitled.

8.    Entering the United States : The boarding foil issued to the beneficiary allows him or her to travel to the U.S. port of entry to request permission to enter the United States. However, the boarding foil does not guarantee entry into the United States. The DHS Customs and Border Protection (CBP) officials at the U.S. port-of-entry have the authority to permit or deny admission to the United States. Upon arrival at the port-of-entry, the beneficiary must give the CBP officer his or her passport (or other travel document) with boarding foil and the unopened/sealed travel packet envelope. Beneficiaries should review important information about admission and entry requirements on the CBP website under  Travel .

All follow-to-join refugee and asylee beneficiaries must be interviewed by a USCIS officer or Department of State consular officer at a U.S. Embassy. When a case is ready for interview, the embassy will send the applicant or petitioner a letter with instructions explaining how to schedule an interview appointment. 

Failure by a beneficiary to schedule an interview appointment will result in processing delays. It is critical that the overseas office conducting the beneficiary interview has the current contact information – including physical and mailing addresses, telephone numbers, and email addresses – for the petitioner, beneficiary, and if applicable, the representative of record on the case.

For interviews conducted by the Consular Section: Please follow the instructions the U.S. Embassy sends you and the guidance in the below section titled “Documentation Needed for the Overseas Interview.” You can also visit  Interview Preparation – Interview Guidelines  for general information on how to prepare for an interview at a U.S. Embassy or Consulate.  Important:  Not all of the documents required for immigrant visa applicants are necessary for beneficiaries of I-730 petitions.  The information on this link should be used as a general outline of what an interview is like.

For interviews conducted by an overseas USCIS office: After the interview is scheduled, the USCIS office will send the beneficiary a confirmation notice, which will outline the requirements that the beneficiary must fulfill before his or her interview.

1.     The original  and a photocopy of the following civil documents for each beneficiary, as applicable. These documents confirm the beneficiary’s identity and relationship to the petitioner in the United States:

    a. Birth certificate;

    b. Marriage certificate;

    c. Certified adoption decree;

    d. Divorce certificate         (if needed to prove the legal termination of previous marriages);

    e. Death certificate         (if needed to prove the legal termination of previous marriages); and

    f. Documentation of any legal name change.

    g. Six photographs of the beneficiary         (see the photograph requirements); and

    h. A photocopy of the biographical data page of the beneficiary’s passport, if available.

    Note: Documents written in a language other than English must be accompanied by a certified English translation. When the beneficiary is interviewed overseas, the interviewing officer may ask for additional information, such as photographs and other proof that the relationship with the U.S. petitioner is genuine. 

2.     One or more travel document(s) , such as a passport, with a validity date at least six months beyond the beneficiary’s intended date of entry into the United States and/or picture identity card (for example, a refugee travel document).

3.     Other evidence of relationship  between the beneficiary and petitioner, such as photographs, available school records, family correspondence, phone bills, documentation demonstrating financial support, and other proof that the relationship is genuine.

4.     Completed Medical Examination Report , which will be provided by an embassy-approved panel physician after the beneficiary has successfully completed a medical examination and vaccinations (see below). 

Important Notice : Follow-to-join asylee beneficiaries must complete their medical exam  before  their interviews with a USCIS officer or Department of State consular officer, and they are responsible for paying the cost of the medical examination. Follow-to-join refugee beneficiaries typically are instructed to complete their medical exams after their interviews, and the U.S. Government pays all costs associated with the medical examination.

Before the issuance of a follow-to-join refugee or asylee boarding foil, every beneficiary, regardless of age, must undergo a medical examination, which  must be performed by an authorized panel physician. See  Medical Examination  for more information. You can find a list of approved panel physicians by country on our  Interview Preparation – Interview Guidelines  web page. 

Follow-to-join refugee and asylee beneficiaries are encouraged to get certain vaccinations. Although vaccinations are not required prior to travel to the United States, they will be required when adjusting status to that of lawful permanent resident. Beneficiaries are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See  Vaccination Requirements for IV Applicants  for the list of vaccinations.

Once a case has been transferred by NVC to the appropriate USCIS office or U.S. Embassy Consular Section, the length of time needed to complete the case varies according to its circumstances, and cannot be predicted with any accuracy. (It is important to provide correct postal addresses, telephone numbers, and email addresses for both the petitioner and the beneficiary to the U.S. Embassy or USCIS office processing the case. See  Case Inquiries  below). Some cases require further  administrative processing , which takes additional time after the beneficiary’s interview.

Please visit  My Case Status  on the USCIS website to obtain a status on an I-730, Refugee/Asylee Relative Petition. If the case has been transferred overseas by NVC, the petitioner or beneficiary may contact the USCIS office or U.S. embassy processing the case for information.

Ineligibilities

Certain conditions and activities may make the beneficiary ineligible for admission to the United States. If a beneficiary is ineligible, he or she will be informed by the USCIS officer or Department of State consular officer at the time of interview, and advised whether there is a  waiver  of ineligibility and what the waiver process is. Ineligible cases are returned to the USCIS Service Centers that initially approved them for further action.

There is no cost to file a Form I-730, Refugee/Asylee Relative Petition. There is no cost to schedule a Form I-730 beneficiary interview. 

If petitioners, beneficiaries, or representatives have a question concerning a follow-to-join refugee or asylee case in progress at a USCIS office or U.S. Embassy, first contact the appropriate USCIS office or U.S. Embassy for status information. Case status information also is available on the USCIS website under  My Case Status .

Before making an inquiry, petitioners and representatives should carefully review this website for answers to questions. Because of the volume of inquiries received, USCIS and the Department of State cannot promise an immediate reply to an inquiry.

Department of State contact information is available at  Contact Us . USCIS contact information is available at  Contact Us .

A-Z Index Latest News What is a U.S. Visa? Diversity Visa Program Visa Waiver Program Fraud Warning Find a U.S. Embassy or Consulate Straight Facts on U.S. Visas

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Opinion Columnists | Opinion: The “illegal immigrant” speech police…

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Opinion columnists | opinion: the “illegal immigrant” speech police have come for colorado republicans, should the phrase “illegal immigrant” be allowed on the floor of the colorado house yes, and democrats should know they can’t police speech..

Somebody give the Democratic majority in the Colorado General Assembly a copy of the Bill of Rights, large print if available, and underline the First Amendment with a sharpie.

For the second time this year, they have forgotten they cannot prohibit speech or coerce it from their peers, constituents, or anyone else.

This week, Democrats handed Republicans a memo with words they could no longer use when debating immigration policy (e.g., illegal, alien, invader(s), interloper, squatter) and a list of acceptable replacements (e.g., migrant, applicant, undocumented immigrant, immigrant without authorization). Several members have been castigated for saying that which shall not be said.

While ‘invader(s)’, ‘interloper’, and ‘squatter’ overtly convey disapprobation, ‘alien’ has acquired a negative connotation over the past few decades. I’m old enough to remember Sting’s jaunty refrain “Oh, I’m an alien, I’m a legal alien. I’m an Englishman in New York” in his 1987 hit song. The term is still used in legal documents as is the word ‘illegal.’ Although it means ‘without authorization’ or ‘undocumented,’ it lacks euphemistic charm.

Illegal immigration is not merely a paperwork error but a trespass of law. The majority’s acceptable replacement words, meanwhile, are positive or neutral in order to frame the issue and Democrat’s preferred policies in the best light.

Rather than censure dissent by censoring language, Democrats should use their freedom of speech to explain that most recent immigrants applied for asylum and are here legally awaiting adjudication. Only Congress can reform the asylum program to hinder economic migrants entering under the aegis of the law.

Democrats should share the data showing that immigrants are less likely to commit crime than naturally born citizens and that their presence benefits communities economically and culturally. Costs associated with housing, medical care, and education can be mitigated and Democrat’s legislation attempts to do that.

Opponents of these policies are free to discuss the disproportionate costs borne by lower-income communities, schools, and hospitals, how costs impact government budgets and services for regular programs, the abuse of the asylum program, concerns about incentivizing more border crossings, and the fact that criminals do cross illegally into the U.S. and then commit heinous crimes including rape and murder.

Republicans can argue using whatever words they please, even words others find offensive, with prudence as their only guide (should they choose to listen). Their word choice reflects what they believe to be true.

This week’s banned words memo was not the first time Democrats have tried to seize the commanding heights of language. Earlier this session, they trampled the First Amendment rights of their peers and those testifying against a bill to ease name changes for convicted felons who have changed their gender. Dissenters were forbidden to ‘misgender’ (refer to someone by their biological sex) or to ‘deadname’ (refer to a person’s former name).

Forcing someone who believes sex is biologically determined and immutable to use words they consider inaccurate is a clear violation of free speech. It would be no different if a Republican majority forbade peers or constituents to use preferred pronouns consistent with their view that sex and gender are mutable characteristics. Those repudiated for exercising their rights have sued in federal court. They are likely to prevail given favorable rulings in similar free speech cases.

Government officials cannot coerce or curtail speech. They cannot offer the false choice — utter our words or be silent. If Democrats persist in policing language, minority members should sue. In the meantime, they should exploit the memo’s loophole. As written, the only verboten plural noun is ‘invaders.’

Krista L. Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer.

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Road not taken: the moment Andrew Giles passed on chance to shut down detention court case

FoI documents show immigration minister refused to grant a visa or release NZYQ into community detention before Five Eyes allies rejected request for deportation

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Andrew Giles closed off an avenue to avoid the high court case on indefinite detention before the Australian government made a failed attempt to head off defeat by deporting the plaintiff, a new document reveals.

A submission to the immigration minister, released under freedom of information, shows that on 18 September Giles refused to give NZYQ a visa or release him into community detention, nine days before the government approached its Five Eyes allies to deport him.

The government lost the high court challenge in November, resulting in the release of more than 150 immigration detainees.

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In November Guardian Australia revealed that on 26 May the government considered releasing the man at the centre of the case “in light of [the] litigation risk” that his challenge would overturn a 20-year-old precedent on the legality of indefinite detention.

The second stage submission, cleared by the department on 27 August, shows this remained a live option as late as mid-September.

The document is heavily redacted and reveals little about the minister’s reasons. It notes NZYQ’s criminal history, that he “was convicted of one child sex offence and served three years and four months” in prison, and sex offender counselling had been arranged for him .

On 31 May, at the initial stages of the case , the commonwealth had conceded it was impossible to deport NZYQ, a stateless Rohingyan man who had pleaded guilty to raping a 10-year-old boy.

But on 29 August the home affairs minister, Clare O’Neil, met senior departmental officials, ordering them to progress all avenues to deport NZYQ, including asking the Five Eyes allies to take him, later summarised by an official as a “no stone unturned” approach.

The Albanese government had changed course, seeking to either end the challenge by removing NZYQ or to distinguish his case from the precedent of Al Kateb by arguing that it was not impossible to deport him.

On 14 September Giles’ office was asked if he was comfortable with the approaches to the Five Eyes. A staffer confirmed he was on 16 September.

Giles signed the submission on 18 September, declining to intervene by granting NZYQ a visa, a move which would have shut down his court challenge. The department had asked for a response by 30 September.

According to documents in the NZYQ court file, despite O’Neil’s order of 29 August it was not until 27 September that the home affairs department emailed regional directors seeking their assistance contacting Five Eyes officials to discuss removing NZYQ.

Rejections flowed within days, with officials responsible in the high commissions to the UK and New Zealand relaying their negative response on 28 September, and an email on 1 October indicating the Canadian immigration department’s response was “as close to a ‘no’ as we are likely to receive”.

The US promised to take a “hard look” at NZYQ’s case, which the commonwealth used to argue at the 8 November hearing that it was still possible the plaintiff could be deported. It was unsuccessful.

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The high court ruled there was “no real prospect of the removal of the plaintiff from Australia becoming practicable in the reasonably foreseeable future” and that detention is unconstitutional in those circumstances.

The shadow immigration minister, Dan Tehan, said “once again this highlights how poorly the government handled this issue from start to finish”.

“Clare O’Neil needs to answer why it took a month for her department to approach Five Eyes countries after having made the decision to do so. Andrew Giles also needs to answer the question: why did he cut off a possible option to keep Australia’s ability to detain people before all avenues had been exhausted to remove NZYQ from the country?”

A government spokesperson said: “These documents make it clear the government took every step to prevent the release of these individuals.” “Community safety has always been our top priority and we continue to take all possible steps to remove people from Australia.”

In November O’Neil said the government had been “advised that it was likely that the commonwealth would win the case”. The minister later clarified that she had not been referring to legal advice, but was instead referring to operational advice about the prospects of removing the plaintiff.

Earlier in April Guardian Australia revealed that Giles was warned of legal “risks” associated with immigration detention within months of Labor’s election, including a need for his department to be able to show “concrete and robust steps” to deport some non-citizens.

A spokesperson for Giles and O’Neil said at that time: “At no stage has the opposition been able to identify an action they would have taken which would have resulted in a different outcome.”

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Asylees and Refugees

Archived content.

The information on this page is out of date. However, some of the content may still be useful, so we have archived the page.

Every year, people seek protection in the United States because they have suffered persecution or fear that they will suffer persecution in their own country because of:

• Nationality
• Membership in a particular social group
• Political opinion

Completing Form I-9

Refugees and asylees are authorized to work because of their immigration status. If you are a refugee or asylee who is completing  Form I-9 you should:

• Select the “An alien authorized to work” checkbox. You may write “N/A” in the space provided for the expiration date.
• Write the Form I-94 (Arrival-Departure Record) Admission Number or your Alien Registration Number/USCIS Number or your foreign passport number and country of issuance in the space provided.

Just as in the case of any employee, a refugee or asylee may choose to present any applicable document from the Lists of Acceptable Documents.

Completing Section 2 for a Refugee Presenting Form I-94

DHS provides refugees electronic or paper Forms I-94 (Arrival-Departure Record).

If a refugee presents the departure portion of a Form I-94A containing an unexpired refugee admission stamp or a  computer-generated printout of Form I-94 with an admission class of “RE,” the employer must accept it as a receipt for a List A document establishing both employment authorization and identity for 90 days. The receipt is valid for 90 days from the date of hire. At the end of this 90-day period, the employee must show the employer either a Form I-766, Employment Authorization Document (EAD) or a combination of a List B document and an unrestricted Social Security card.

Completing Section 2 for an Asylee Presenting a Form I-94

Because asylees are authorized for employment based on their asylee status, DHS issues them a paper Form I-94 that shows their status and employment authorization as well as an EAD. The EAD is acceptable as a List A document.

An asylee may present Form I-94 or Form I-94A with one of the stamps or notations below indicating asylee status:

• Asylum granted indefinitely
• 8 CFR 274a.12(a)(5)

An asylee’s Form I-94 is a  List C  document and, unlike other Forms I-94, usually does not contain an expiration date. The asylee will need to present a  List B  identity document with this Form I-94.

Decisions from immigration judges granting asylum are not acceptable as List C documents as they are not documents issued by the Department of Homeland Security.