Can someone of another nationality after having been...

<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

Answer by not yet citizen
Submitted on 11/7/2006
Rating: Not yet rated	Rate this answer:
How Do I Get A Travel Document? How Do I Get a Travel Document? What is a Travel Document and Who Needs One? If you are not a U.S. citizen, you may need permission to return to the United States after traveling abroad. This permission is granted through a travel document. Travel documents are also given to people who want to travel, but cannot get a passport from their country of nationality. Where Can I Find the Law? The legal foundation for requiring these travel documents comes from the Immigration and Nationality Act (INA). INA § 211 discusses documents required to admit aliens and control their travel. INA § 212 states that any immigrant who does not have the correct travel documents will not be admitted to the United States. The specific eligibility requirements for travel documents are found in Title 8 of the Code of Federal Regulations (CFR). 8 CFR § 223 describes the purpose, processing, and validity and effect on admissibility of all three documents. How to File The alien must file USCIS Form I-131, Application for Travel Document, complete with supporting documentation, photos and applicable fees. This form can be downloaded from our Forms and Fees page. 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 front and back of the alien registration receipt card (Form I-551); or If he has not yet received his alien registration receipt card, a copy of the biographic page(s) of his passport and the visa 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 (Form I-797) or temporary evidence of permanent resident status. How to File For Advance Parole An alien in the U.S. and applying for an Advance Parole document for him- or herself must attach: A copy of any document issued to the alien by USCIS or former INS 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 USCIS or former INS showing the alien’s refugee or asylee status and indicating the expiration date of such status. Where to File Where to file the Form I-131 depends upon the benefit sought. See the Form I-131 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. How Can I Find Out the Status of My Application? To check the status of your application, please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Please click here for more information on USCIS field offices. How Can I Appeal? If your application for a reentry permit or refugee travel document is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) If your application for advance parole is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. For more information, please see How Do I Appeal the Denial of Petition or Application?. Can Anyone Help Me? If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see our Field Offices for more information on contacting USCIS offices. Frequently Asked Questions See our Frequently Asked Questions for more information. You may also want to read the State Department's Returning Resident Alien Leaflet and see their list of Foreign Consular Offices in the U.S. This information is from: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=17be96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=628807b03d92b010VgnVCM10000045f3d6a1____

FAQS.ORG makes no guarantees as to the accuracy of the posts. Each post is the personal opinion of the poster. These posts are not intended to substitute for medical, tax, legal, investment, accounting, or other professional advice. FAQS.ORG does not endorse any opinion or any product or service mentioned mentioned in these posts.

<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

[ Home | FAQ-Related Q&As | General Q&As | Answered Questions ]

Question by jenellepark
Submitted on 7/7/2004
Related FAQ: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)
Rating: Not yet rated	Rate this question:
Can someone of another nationality after having been married to an american national return to their country for a short period of time and re-enter the us without having any immigrational problems at the port of entry us airport?

Answer by NT
Submitted on 2/22/2006
Rating: Not yet rated	Rate this answer:
Yes you can return to the US if you you have either of the following: (1) A valid US visa; or (2) An adjustment of status case with the USCIS AND an advance parole from the USCIS that gives you permission to travel.

Your name or nickname:
If you'd like to create a new account or access your existing account, put in your password here:
Your answer: