I-131 Refugee Travel Document for green card holder

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demnal87

New Member
I am a green card holder and I received my green card as a direct result of my previous asylee status. I received my green card in January of this year. Knowing that I am not recommended to travel with my native passport and having planned a trip this fall, I decided to apply for a Refugee Travel Document. After carefully reviewing application instructions, I concluded that since I had already filed I-485 in the past, I didn't have to pay any fees. Here's an abstract from I-131 instructions that I'm referring to:

NOTE: If you filed Form I-485 on or after July 3O,2A07, and
you paid the 1485 application fee required, then no fee is
required to file a request for Advance Parole or for a Refugee
Travel Document on Form I- 13 I . You may file Form I- 13 I for
advance parole or for a Refugee Travel Document together
with yow Form 1485, or you may submit Forrn I-131 for
Advance Parole or a Refugee Travel Documertata later date.
If you frle Form I-l3l for Advance Parole or a Refugee Travel
Document separately, you must also submit a copy of your
Form I-797, Notice of Action, receipt as evidence thatyou filed
and paid the fee for Form I-485 required on or after
July 30,2007.

So I included all the required documents along with my application and sent it to USCIS. I later received I-797 stating that my application had been received and was being processed. It also had my payment information which stated the following:

Application Fee $0.00
Biometrics Fee $0.00
Total Amount Received $0.00
Total Balance Due $0.00

So I concluded from reading this notice that I indeed didn't have to pay any application fees. About a week later I received my biometrics appointment notice. So I really thought I was all set. Until today when I received another letter from USCIS notifying me that I need to pay I-131 fee of $135. I called them and asked why now they're asking me to pay. The guy I talked to was really bad at making a conversation and didn't know his stuff too well. For instance, he told me that I can't apply for a RTD being a green card holder. I was like, excuse me, there's a box stating that I am the latter applying for a RTD on the application itself. Then he told me that I have to have a pending application for I-485 to have the fees waived. I told him that it doesn't say that neither in the instruction, nor anywhere else. I asked him to let me talk to someone else when he said that I just have to pay and the other guy told me to request a fee waiver due to financial hardship. I mean, I am a student and I really don't have a lot of money and I would rather not pay, especially if I'm not supposed to. I'm intending to travel for the most part because I want to see my family that I want to meet up with in a bordering country since I cannot visit the country where I am feared of prosecution. It really seems like these guys don't know what they're talking about. And I mean, they accepted my application without any fees at first and my I-797 is the proof of that. But then they seem to have changed their mind and didn't bother to explain why. If anyone can help with an advice or just an opinion on my situation, I would highly appreciate that! Thanks!
 
The people on the USCIS phones are worse than useless. They are poorly trained, low-paid contractors and they'll give out tons of wrong information that makes people waste time and money.

You are confusing Advance Parole with the Refugee Travel Document. The I-131 form is used to apply for either of them, but they're not the same thing. Advance Parole is for when your green card is pending and there is no fee for it if you filed I-485 after the summer 2007 fee changeover. You can't apply for AP after your green card is approved.

The RTD is for use in lieu of a passport if you're a refugee or asylee, and you can apply for it as a green card holder, but you have to pay the fee.

The I-131 can also be used to apply for a Reentry Permit. Many countries accept the RP in lieu of a passport, and it has the advantage of being valid for 2 years instead of the 1 year of the RTD. But the RP is accepted in fewer countries than the RTD; the main purpose of the RP is to allow reentry to the US after an absence of over 1 year, it wasn't really intended as an entry document to other countries. You'll need to check with the specific country(ies) you're visiting and transiting to find out if they'll accept the RP instead of a passport. And you'll have to pay the fee for the RP.
 
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Thank you for your reply. I understand what you are saying. Although, in the instructions to the form I-131 it clearly states that, "If you filed Form I-485 on or after July 3O,2007, and you paid the 1485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I- 131." Advance parole OR Refugee Travel Document. I applied for the latter since I qualify for it after being an asylee. So I'm not confusing Advance parole with Refugee Travel Document. But it doesn't say anywhere in the instructions or elsewhere that I have to have a pending green card case to receive the waiver. That's my main point.
 
It's true that the instructions are unclear on that aspect. But the context of eliminating the fee for AP and RTD was that the fee structure was changed to embed the cost in the I-485 fee. As a result, the no-fee AP/RTD is only intended for people with a new or pending I-485, not approved green card holders. Unfortunately, you're going to have to pay the fee if you want the RTD.
 
demnal87 said:
Thank you for your reply. I understand what you are saying. Although, in the instructions to the form I-131 it clearly states that, "If you filed Form I-485 on or after July 3O,2007, and you paid the 1485 application fee required, then no fee is required to file a request for Advance Parole or for a Refugee Travel Document on Form I- 131." Advance parole OR Refugee Travel Document. I applied for the latter since I qualify for it after being an asylee. So I'm not confusing Advance parole with Refugee Travel Document. But it doesn't say anywhere in the instructions or elsewhere that I have to have a pending green card case to receive the waiver. That's my main point.
Click to expand...

i actually agree with you after reading the instructions. No where does it say you have to have a pending i485. I am about to apply for RTD and will send them my fee receipt for i485 which was approved. By the way any updates on your side? Did you end up paying?
 
As an LPR, you can also choose to use your passport. If you are not afraid of consequences in other countries when you use your passport, you could consider traveling on it. Many asylee-turned-LPRs do this, and at interviews they explain that they were encouraged by CIS and CBP to travel on their passports since they were now LPRs, so if you'd like to save money or need to travel suddenly and don't have an RTD, you have options.
 
fat_face said:
i actually agree with you after reading the instructions. No where does it say you have to have a pending i485. I am about to apply for RTD and will send them my fee receipt for i485 which was approved.
Click to expand...

The instructions don't say it, but the regulation that removed the fee for advance parole and RTD for I-485 applicants only applied to people who are starting or already in the I-485 process; it doesn't apply to people whose I-485 has been completed (approved or denied). The "free" EAD, AP, RTD is an interim benefit for applicants awaiting adjudication of their I-485. I can't find the regulation now, but your application will be rejected without the fee because you are no longer in the I-485 process. If you don't believe me, wait and see what happens.
 
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