Travel Documents

Aliens who wish to leave and then re-enter the United States should consider whether they will need to obtain travel documents ahead of time in order to avoid jeopardizing their immigration status in the U.S.  There are two types of travel documents that may apply: advance parole and re-entry permits.

Advance parole is a document allowing an alien whose I-485 petition for adjustment of status is pending to re-enter the U.S. after travelling abroad.  Advance parole is necessary both to preserve the alien’s I-485 petition and to allow the alien to re-enter the U.S. without needing to apply for a new visa.  An alien who wishes to take advantage of advance parole must apply before he or she leaves the United States.  If the alien does not have advance parole before leaving the United States, then he or she will not be allowed to reenter the country without getting a new visa.

The re-entry permit allows an alien who has permanent resident or conditional permanent resident status to remain outside the U.S. for an extended period lasting less than two years without risking a determination by C.I.S. that the alien has abandoned his or her permanent resident status.  Ordinarily, if a permanent resident or conditional permanent resident is outside the U.S. for more than a year, he or she runs a substantial risk that C.I.S. will determine that he or she has“abandoned” his or her permanent residency.  A re-entry permit allows a permanent resident to spend more than a year, but less than two years, abroad without risking such a determination, and can also be used like a passport by a permanent resident who wishes to travel outside the U.S.but cannot get a passport from his or her country of nationality.

The skilled immigration professionals at Law Offices of Nicholas Lowry will be happy to help you to determine what travel document is right for you, and to apply for the necessary document.  Call us today!