Some doubts about travel document

A

agonzalez

Registered Users (C)
Hello everyone!
First off, let me tell you that I'm very pleased with all the good information you have on this forum. This is my first post but I've read a lot trying to find an answer to my question...:

I was granted asylum in 2005 and applied for AOS last year in June. I've seen that it is not taking so long to get the GC so I hope I'll get mine this year.

As soon as I was granted asylum I applied for a travel document, and got it after +/- 3 months, it was a green passport shaped document. It expired on Sep 2006.

After that in October 2006 I submitted a new application I-131 to get a new travel document.

As per the instructions "If you are in the United States in valid refugee or asylee status, or if you are a permanent resident as adirect result of your refugee or asylee status in the United States, you may apply for a refugee travel document."

But it also says "If you are in the United States and seek advance parole:
B.
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons;" which is my case.

Now that I got the Advance Parole I'm worried, because I dont know if I made a mistake and should had applied for a travel document instead.

Just so that you know what I got, it is a sheet of paper (similar to the ones on the NOA) whit all my personal information on the first part, then it has a box "Approved" checked, bellow that some comments (that are what worries me) and my pic on the bottom left side.

The comments read "Customs and Border Protection
Inspector shall allows me into United States based upon urgent
humanitarian reasons or significant public benefits. I want to leave US
based on the personal reason, not humanitarian. I even included a letter from the president of the company I work for as proof.
Can Customs and Border Protection Inspector allow me to enter into US?
It doesn't say that the bearer can leave US for personal reasons.

Why it talks about urgent humanitarian reasons or significant public benefits. Isnt this Advance Parole document for me? Are there different types of Advance Parole documents for different people? Or as I asked before, was it an error selecting "Advance Parole" when filling the I-131.

Thanks for your help!
 
Last edited by a moderator:
You need a Refugee Travel Document since you are an asylee. ASylees cannot use their national passport(or else you wouldn't be an asylee).

AP is for people such as EB-1 or other visa holders or even B-1/B2 who have applied for family immigraiton benefit.

As an asylee, if you have an AP, it won't do anything for you unless you want to use your NP which you can't.

SO apply for a new I-131 and ask for a RTD.
 
agonzalez said:
Hello everyone!
First off, let me tell you that I'm very pleased with all the good information you have on this forum. This is my first post but I've read a lot trying to find an answer to my question...:

I was granted asylum in 2005 and applied for AOS last year in June. I've seen that it is not taking so long to get the GC so I hope I'll get mine this year.

As soon as I was granted asylum I applied for a travel document, and got it after +/- 3 months, it was a green passport shaped document. It expired on Sep 2006.

After that in October 2006 I submitted a new application I-131 to get a new travel document.

As per the instructions "If you are in the United States in valid refugee or asylee status, or if you are a permanent resident as adirect result of your refugee or asylee status in the United States, you may apply for a refugee travel document."

But it also says "If you are in the United States and seek advance parole:
B.
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons;" which is my case.

Now that I got the Advance Parole I'm worried, because I dont know if I made a mistake and should had applied for a travel document instead.

Just so that you know what I got, it is a sheet of paper (similar to the ones on the NOA) whit all my personal information on the first part, then it has a box "Approved" checked, bellow that some comments (that are what worries me) and my pic on the bottom left side.

The comments read "Customs and Border Protection
Inspector shall allows me into United States based upon urgent
humanitarian reasons or significant public benefits. I want to leave US
based on the personal reason, not humanitarian. I even included a letter from the president of the company I work for as proof.
Can Customs and Border Protection Inspector allow me to enter into US?
It doesn't say that the bearer can leave US for personal reasons.

Why it talks about urgent humanitarian reasons or significant public benefits. Isnt this Advance Parole document for me? Are there different types of Advance Parole documents for different people? Or as I asked before, was it an error selecting "Advance Parole" when filling the I-131.

Thanks for your help!
Click to expand...
I am in the same boat
 
The more I read, the more confused I get...

Taken from one of the stickies:

ASYLEE Travel
Courtesy: Windywd

In a memo released last fall but only recently made available, the USCIS discussed the requirements for international travel by asylees and refugees. Asylees and refugees are required to obtain a refugee travel document before traveling abroad to ensure their readmission to the US. Those who leave without such a document, or attempt to reenter after the document has expired, are inadmissible and may be placed in removal proceedings. They may not reassume their asylee or refugee status until they are granted a new refugee travel document abroad or at the port of entry.

If the person reenters with a valid, unexpired travel document, they must still be examined for admissibility. For asylees, the only grounds of inadmissiblity that should be examined are those that would also result in a revocation of asylum. If a refugee is found inadmissible, they will be placed in removal proceedings. They can apply for asylum during these proceedings. Asylees and refugees may also use advance parole to reenter the US.

Asylees and refugees who have filed applications for adjustment of status may leave and reenter the US without an advance parole document without abandoning the adjustment application. This is because the law under which asylees and refugees apply for adjustment, unlike the general adjustment of status provision, does not deem an adjustment application abandoned when the applicant leaves without advance parole.
 
Just so that all you guys know...
I got in touch with 2 different attorneys, both of them told me that it is ok, anything to worry, I can travel and reenter using an Advance Parole (I-512L).
 
You can use an advance parole document, but it is not recommended because technically you will not be readmitted to the country as an asylee but as a parolee only. Another reason is that you may have to use a national passport when you travel with advance parole authorization. The use of national passport by an asylee can open up a whole can of worms for you.

So in short make it easy on yourself, use a Refugee Travel Document!!!!
 
agonzalez said:
Just so that all you guys know...
I got in touch with 2 different attorneys, both of them told me that it is ok, anything to worry, I can travel and reenter using an Advance Parole (I-512L).
Click to expand...

Your attorneys are dumbasses. Take the advice of thankful above. If you are an asylee, you should not use a NP...
 
wantmygcnow said:
Your attorneys are dumbasses. Take the advice of thankful above. If you are an asylee, you should not use a NP...
Click to expand...

Well, I understand what you guys are saying... However my old RTD says "Country of Origin" on the first page, so everybody know where I am from...

But your're right... I've read that I can even apply for a RTD after have gotten a GC as a result of asylum adjustment, so it makes no sense to apply for AP because of my AOS application pending.
 
I think you misunderstood the point that was being made here agonzalez.

What is at stake here is your class of admission - which is determined not just by your status, but by the document you enter with. So, as pointed out, although you can utilize an AP to enter - upon using it you would be technically denied entry and paroled into the U.S. instead. If you are to utilize your RTD, you would be admitted entry. This is the huge difference.

You already have a status in this country as an asylee, so it wouldn't be to your best interest to be paroled in. A parolee technically resumes his/her non-immigrant status while waiting for an adjustment of status, etc. As asylees and refugees we don't fall into that category. We have indefinite status in the U.S. regardless of whether we file to adjust status and thus are allowed to be readmitted with that status each time we re-enter with an RTD.

The use of your National Passport is also another important factor/issue, and it has been explained extensively, so I will refrain from being redundant. I strongly advise all asylees to only apply and use an RTD until then become PRs. Only then do they have a choice between an RTD and a Re-entry Permit.

Regards.
 
LolaLi said:
I think you misunderstood the point that was being made here agonzalez.

What is at stake here is your class of admission - which is determined not just by your status, but by the document you enter with. So, as pointed out, although you can utilize an AP to enter - upon using it you would be technically denied entry and paroled into the U.S. instead. If you are to utilize your RTD, you would be admitted entry. This is the huge difference.

You already have a status in this country as an asylee, so it wouldn't be to your best interest to be paroled in. A parolee technically resumes his/her non-immigrant status while waiting for an adjustment of status, etc. As asylees and refugees we don't fall into that category. We have indefinite status in the U.S. regardless of whether we file to adjust status and thus are allowed to be readmitted with that status each time we re-enter with an RTD.

The use of your National Passport is also another important factor/issue, and it has been explained extensively, so I will refrain from being redundant. I strongly advise all asylees to only apply and use an RTD until then become PRs. Only then do they have a choice between an RTD and a Re-entry Permit.

Regards.
Click to expand...


Thanks... You guys have helped me a lot to better understand the issue. (I wish I had researched before applying for AP :()

Now, my question is... Should I just fill out a new I-131 this time asking for a RTD? I can do it right away... I dont mind losing $170 but not my current status!

Will they say that they can not process it because I just got an AP last week or I should not have any problems?

Thanks again... :)
 
agonzalez said:
Thanks... You guys have helped me a lot to better understand the issue. (I wish I had researched before applying for AP :()

Now, my question is... Should I just fill out a new I-131 this time asking for a RTD? I can do it right away... I dont mind losing $170 but not my current status!

Will they say that they can not process it because I just got an AP last week or I should not have any problems?

Thanks again... :)
Click to expand...

Suggestions please! :( I dont want to contact those attorneys again as they are dumbasses as you said.. :mad:
 
agonzalez said:
Suggestions please! :( I dont want to contact those attorneys again as they are dumbasses as you said.. :mad:
Click to expand...

AP & RTD are two different things. You should have no problems getting a RTD.

Travel with RTD since you are an asylee & leave NP at home.
 
Well buddies... I'm sorry for resurrecting this old thread, but since I've read about people with the same problem I wanted to share that I recently got my new Refugee Travel Document, no issues at all...
Just lost $170 :( Oh well... :)
 
agonzales,

Can I ask you what was your Receipt Date for your RTD application?? Was it January? February? please be exact.

I am waiting for my RTD that I applied in mid february and I want to check what Receipt dates are processing....

Thanks,
 
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