Refugee Travel Document vs Advance Parole?

M

MGTgrl

Registered Users (C)
Hello gurus,

I am thinking of traveling outside the US and I got confused regarding RTD and Advance Parole. I am an asylee with a pending I485 and I cannot use/renew my NP. What do I need? Do I need a RTD or an Advance Parole document? About 2 years ago, I had travelled to Europe and what I got was a RTD, but that was before I had applied for AOS. Now that my application is pending, which one do I need? I have never seen an Advance Parole doc before, and I was wondering if it is similar to RTD and/or if it can be used when one doesn't have or can't use NP? I tried to read about it on the USCIS website, but I got more confused. Please, gurus, clarify this for me.

Thanks
MGTgrl
 
MGTgrl said:
Hello gurus,

I am thinking of traveling outside the US and I got confused regarding RTD and Advance Parole. I am an asylee with a pending I485 and I cannot use/renew my NP. What do I need? Do I need a RTD or an Advance Parole document? About 2 years ago, I had travelled to Europe and what I got was a RTD, but that was before I had applied for AOS. Now that my application is pending, which one do I need? I have never seen an Advance Parole doc before, and I was wondering if it is similar to RTD and/or if it can be used when one doesn't have or can't use NP? I tried to read about it on the USCIS website, but I got more confused. Please, gurus, clarify this for me.

Thanks
MGTgrl
Click to expand...

I ain't no guru, but let me throw in some five cents on your question. You can still use RTD; your AOS applicaton pending does not make any difference; you are an asylee right now and are not an approved PR, so of course you can get RTD and use it..... As for advance parol, I know that if one needs to go to their COP for emergency reason, they get an advance parol. That is what my lawyer had told me and that is what my friend got when her brother died, eventhough she had RTD at the time. But in your case, just get an RTD.....
 
You need an RTD, once you are approved then you can use a re-entry permit, which is valid for 2 years.
 
Advance Parole if I understand it correctly is for people who have pending asylum appliction and have emergency situation in which they have to leave the country. In order for them to come back while their asylum application is pending they are issued advance parole. On the other hand, RTD is for people who are granted refugee or asylee status regardles of whether they have adjustment of status pending or approved (have greencard). In your case I think what you need is RTD. I don't that the CIS will issue you advance parole if you ask for one....Good luck...
 
Thanks Clotty and empanado. Clotty, are you saying that we need advance Parole only when travelling to COP (not when travelling somewhere else)? I guess what I understand from what you both are saying is that I only need an RTD, right?

I got this from the INS website (see below). And this is what's confusing me. If you have time, please check it out and tell me what your thoughts are. I guess I am still confused :)

I found it at: http://uscis.gov/graphics/services/Emergency/index.htm#Advanced

"Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.....

Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:
- Filed an application for adjustment of status but have not received a decision from the USCIS;
- Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; ...."
 
faysal said:
Advance Parole if I understand it correctly is for people who have pending asylum appliction and have emergency situation in which they have to leave the country. In order for them to come back while their asylum application is pending they are issued advance parole. On the other hand, RTD is for people who are granted refugee or asylee status regardles of whether they have adjustment of status pending or approved (have greencard). In your case I think what you need is RTD. I don't that the CIS will issue you advance parole if you ask for one....Good luck...
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Hi Faysal,

Thanks for the reply. I think I was writing my post/question when you replied!! I think I understand it now. Thanks!
 
MGTgrl said:
Thanks Clotty and empanado. Clotty, are you saying that we need advance Parole only when travelling to COP (not when travelling somewhere else)? I guess what I understand from what you both are saying is that I only need an RTD, right?
Click to expand...
I did not mean that is the only case that advance parole is used, but what I meant to say is in your situation (an asylee waiting for her green card approval), unless you need to go to your COP for emergency reasons, you don't need advance parole; a RTD will suffice.

That quote you gave applies to other AOS applicants, such as those who applied through marriage; of course they can not have RTD's like us so their only option is advance parole. If you check the part on the USCIS site about RTD's , it says you can get/use them as long as you are an asylee, regardless of whether you have an AOS pending or even if you already received your green card....Is your travel plans for a date soon? I feel you may get approval for green card within a month or so, in which case all you woudl need (in case you have a valid NP) is your NP and green card (or green card stamp on your NP).
 
clotty said:
I did not mean that is the only case that advance parole is used, but what I meant to say is in your situation (an asylee waiting for her green card approval), unless you need to go to your COP for emergency reasons, you don't need advance parole; a RTD will suffice.

That quote you gave applies to other AOS applicants, such as those who applied through marriage; of course they can not have RTD's like us so their only option is advance parole. If you check the part on the USCIS site about RTD's , it says you can get/use them as long as you are an asylee, regardless of whether you have an AOS pending or even if you already received your green card....Is your travel plans for a date soon? I feel you may get approval for green card within a month or so, in which case all you woudl need (in case you have a valid NP) is your NP and green card (or green card stamp on your NP).
Click to expand...

Thanks Clotty. I understand now! I hope your prediction to my green card approval comes true :) :) :)!
No, I won't be able to use my NP even after green card, so I still need to get a RTD!
 
Oh, does your NP need renewal? People are divided about the renewal of the NP thing. Speaking of that, I want to give my opinion on that subject. It may raise eyebrows at first but unless one uses the NP to go to their COP, it should not matter much because if they do not want people to use their NP's hence the "you better not renew it" thing going on, then they would not allow those people who have unexpired NP's either, but then why do they give a green card stamp on people's NP's if they would not be allowing people to use their NP's? So that alone says that it is OK to use one's NP with green card. But in that case since they are allowing asylees to use their NP's along with their green cards, then it would be discriminating against those whose NP expired before others and it would not be right. Example: someone's NP may have expired in 2004 and another's will expire, let's say, in 2010; why let one use their NP with their green card and not allow the other person use theirs by not letting them to renew it? .....I really do not think the not renewal thing is a problem by itself; I think it raises eyebrow a bit which would compel them to make sure you did not use the NP to go back to the COP, but other than that I do not see it as a problem...but then, it is just my opinion.


In any case, an RTD will serve your purposes just fine even after you get your green card. Good luck. :)
 
Hi Clotty,

You have valid points here. But I think the issue with renewing your NP is that, in most cases, people who asks asylum are those who are prosecuted by their government for one reason or another. So the assumption is if you are able to renew your NP, which is usually done at your COP's embassy (and since embassy=your COP's government) that means you don't fear your government. Therefore your fear/asylum case can be questioned, hence maybe even fraud.

In my case, I can't renew my passport because I'm countryless and stateless I guess. I don't want to do anything with my country's government or its embassies (and they probably won't even renew it even if I wanted to)
 
I see what you are saying; here (on this board)it has been discussed in a broader sense as if it applied to all kinds of asylees which is why I wrote what I wrote, since if one is allowed by INS to use their NP's along with their green card, then others with expired NP's should also have every reasonable right to be able to renew theirs to use their NP with their GC, just like others do. But with the specific example you gave (in regards to those who got asylum because of fear of persecution by their government) then it makes sense. I guess since I am not a political asylee, this do-not-renew-your-NP notion does not apply to me much..... And anyway, in your case from what you said in your post the situation is a lot more difficult and complex it seems, so in your situation yep, not renewing seems to be the best option. Good luck to you and I hope you get your approval soon. :)
 
Mgtgrl

i have question to ask you,

you have been granted asylum on march 2000,

why it took you 5 years to apply for green card?
 
John Smith 1 said:
i have question to ask you,

you have been granted asylum on march 2000,

why it took you 5 years to apply for green card?
Click to expand...

I was waiting until they remove the caps hahaha :) ! No just kidding! Life got in the way I guess. I got too busy. Couldn't get all the necessary docs, etc...
 
As an asylee or refugee, you only need to worry about RTD. Advance Parole is usually used for H-1, J-1, or other kind of visa immigrants who have applied for their GC.

If you were an asylum seeker and had to travel in an emergency, advance parole could be used. However I know that NONE of the embassies recognize Advance Parole. It is not a passport like RTD but rather a document that states that you have been given parole to come back to the United States.

So AP is usually good for those people and if you used AP & used your NP, and your Asylum is pending. it would mean you have no fear to go back.
 
clotty said:
I see what you are saying; here (on this board)it has been discussed in a broader sense as if it applied to all kinds of asylees which is why I wrote what I wrote, since if one is allowed by INS to use their NP's along with their green card, then others with expired NP's should also have every reasonable right to be able to renew theirs to use their NP with their GC, just like others do. But with the specific example you gave (in regards to those who got asylum because of fear of persecution by their government) then it makes sense. I guess since I am not a political asylee, this do-not-renew-your-NP notion does not apply to me much..... And anyway, in your case from what you said in your post the situation is a lot more difficult and complex it seems, so in your situation yep, not renewing seems to be the best option. Good luck to you and I hope you get your approval soon. :)
Click to expand...

Thanks Clotty! I guess for people who do not have political asylum, it might be OK to renew their NPs if they don't fear their government. I thought most people on this forum will have political asylum. I didn't even know you can get asylum other than fear of your COP's government, but I guess it's possible. Anyway, I hope we can all get approved soon!
 
wantmygcnow said:
As an asylee or refugee, you only need to worry about RTD. Advance Parole is usually used for H-1, J-1, or other kind of visa immigrants who have applied for their GC.

If you were an asylum seeker and had to travel in an emergency, advance parole could be used. However I know that NONE of the embassies recognize Advance Parole. It is not a passport like RTD but rather a document that states that you have been given parole to come back to the United States.

So AP is usually good for those people and if you used AP & used your NP, and your Asylum is pending. it would mean you have no fear to go back.
Click to expand...
Thanks Wantmygcnow! I will apply for my RTD then! I wish they can give you a RTD that is valid for more than a year! It just doesn't make sense, especially for those of us who can't use our NPs even after green card!

I appreciate everybody's responses! I am really glad I found this forum. It's very helpful (it's educational as well as a great support)! :)
 
MGTgrl said:
Hello gurus,

I am thinking of traveling outside the US and I got confused regarding RTD and Advance Parole. I am an asylee with a pending I485 and I cannot use/renew my NP. What do I need? Do I need a RTD or an Advance Parole document? About 2 years ago, I had travelled to Europe and what I got was a RTD, but that was before I had applied for AOS. Now that my application is pending, which one do I need? I have never seen an Advance Parole doc before, and I was wondering if it is similar to RTD and/or if it can be used when one doesn't have or can't use NP? I tried to read about it on the USCIS website, but I got more confused. Please, gurus, clarify this for me.

Thanks
MGTgrl
Click to expand...

Advance parole is just a piece of paper with your photo on it which will allow you to return to the US if you have your I-485 pending. It's not a substitute for a passport or a RTD which you will need to present at the port of entry into the OTHER country you are visiting.
So, if you can't use your valid NP or RTD, you need to re-apply for a new RTD.
 
inline said:
Advance parole is just a piece of paper with your photo on it which will allow you to return to the US if you have your I-485 pending. It's not a substitute for a passport or a RTD which you will need to present at the port of entry into the OTHER country you are visiting.
So, if you can't use your valid NP or RTD, you need to re-apply for a new RTD.
Click to expand...
Ok Thanks! I have never seen an advance Parole before, so I had assumed that maybe it can be used like a passport or RTD. Thanks for the clarification!
 
Can I ask you guys advise on the same subject?

I did not post a separate thread as it's related to this conversation and I hope MGTgrl does not mind ….

I have recently received a welcome letter with the Green Card. I really fill confidence and I'm thinking about going to COP. Do I need RTD and Reentry permit or none ???

Because my renewed NP expires on Dec 2006. There was a major regime change, local people even call it revolution and I would like to take this moment to make a quick 2 weeks visit to see my mother, who has multiple health related problems.

I see other interesting notes from member here on the same issue but still do not know what would be a proper thing to do, as if not now, this trip may be significant at the time of citizenship interview.

Thanks in advance
 
LenJ said:
Can I ask you guys advise on the same subject?

I did not post a separate thread as it's related to this conversation and I hope MGTgrl does not mind ….

I have recently received a welcome letter with the Green Card. I really fill confidence and I'm thinking about going to COP. Do I need RTD and Reentry permit or none ???

Because my renewed NP expires on Dec 2006. There was a major regime change, local people even call it revolution and I would like to take this moment to make a quick 2 weeks visit to see my mother, who has multiple health related problems.

I see other interesting notes from member here on the same issue but still do not know what would be a proper thing to do, as if not now, this trip may be significant at the time of citizenship interview.

Thanks in advance
Click to expand...
Hi LenJ

Of course I don't mind if you use the thread!!!

I am not an expert in this matter (hence the thread), but in my opinion, if the political situation changed in your country (and you no longer fear persectuion there), I think you should be OK to go. In addition to that, visiting a sick mother for about 2 weeks is, I think, a good enough reason to go back to COP even for CIS. Just try to bring back any docs regarding your mother that will help you fight your case just in case CIS questions you during citizenship process. I think this has been the agreement on this forum!

Good luck, and I hope you can go to see your mother (that's way more important than CIS/citizenship)!!
 
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