The process of immigrating to the United States can be complex and involves several steps, especially for those seeking permanent residency through employment. One common question that arises during this process is whether you can apply for a travel document after your I-140 (Immigrant Petition for Alien Worker) has been approved. This article will provide a comprehensive guide on the subject, including detailed explanations of the relevant terms, procedures, and considerations.
Understanding the I-140 Petition
What is an I-140 Petition?
The I-140 petition is an Immigrant Petition for Alien Worker filed by a U.S. employer on behalf of a foreign national employee. This petition is a crucial step in the employment-based immigration process, as it establishes the eligibility of the employee for an immigrant visa based on their qualifications and the job offer.
Approval of the I-140
Once the I-140 petition is approved by the United States Citizenship and Immigration Services (USCIS), it signifies that the USCIS has recognized the foreign worker’s eligibility for an employment-based immigrant visa. However, this approval does not grant immediate permanent residency or the ability to travel freely.
What is a Travel Document?
Definition of a Travel Document
A travel document is an official document issued by USCIS that allows certain non-citizens to travel outside the United States and return without jeopardizing their immigration status. There are different types of travel documents, including:
- Advance Parole: Allows certain non-citizens, such as those with pending adjustment of status applications, to re-enter the United States after traveling abroad.
- Re-entry Permit: Issued to lawful permanent residents (green card holders) who intend to travel outside the United States for an extended period (typically more than one year but less than two years).
Importance of a Travel Document
Without a proper travel document, leaving the United States could result in the abandonment of your immigration application or adjustment of status. Therefore, obtaining the correct travel document is crucial for maintaining your immigration status while traveling abroad.
Applying for a Travel Document After I-140 Approval
Eligibility for Advance Parole
If your I-140 petition has been approved, but your adjustment of status application (Form I-485) is still pending, you may be eligible to apply for Advance Parole. To apply, you will need to file Form I-131 (Application for Travel Document) with USCIS.
Eligibility for a Re-entry Permit
If you have already obtained your green card after the approval of your I-140 and adjustment of status application, you may apply for a re-entry permit if you plan to travel outside the United States for an extended period. This requires filing Form I-131 and attending a biometrics appointment.
Situations When You Cannot Apply for a Travel Document
- I-140 Approval Only: If your I-140 is approved, but you have not yet filed for adjustment of status (I-485), you are not eligible to apply for Advance Parole. You must wait until you file your I-485.
- Consular Processing: If you are outside the United States and plan to immigrate through consular processing, you will not apply for a travel document but instead will attend an immigrant visa interview at a U.S. consulate or embassy.
Steps to Apply for a Travel Document
Step-by-Step Guide for Applying for Advance Parole
- Complete Form I-131: Fill out the Application for Travel Document. Be sure to select the appropriate category for Advance Parole.
- Submit Supporting Documents: Include a copy of the receipt notice for your pending I-485, passport-style photos, and any other required documents.
- Pay the Filing Fee: Submit the appropriate filing fee. Fee waivers may be available for certain applicants.
- Mail the Application: Send your completed application package to the USCIS address listed in the instructions.
Step-by-Step Guide for Applying for a Re-entry Permit
- Complete Form I-131: Fill out the Application for Travel Document, selecting the Re-entry Permit option.
- Submit Supporting Documents: Include a copy of your green card, passport-style photos, and any other required documents.
- Pay the Filing Fee: Submit the appropriate filing fee.
- Attend Biometrics Appointment: After submitting your application, USCIS will schedule a biometrics appointment where your fingerprints and photo will be taken.
Practical Tips and Considerations
Timing and Processing
- Processing Time: The processing time for travel documents can vary, so apply well in advance of your intended travel dates. Check the USCIS website for current processing times.
- Travel Restrictions: Do not leave the United States until your travel document is approved, as doing so could result in the abandonment of your adjustment of status application.
Legal Assistance
- Consult an Immigration Attorney: Given the complexity of immigration laws and procedures, consulting with an immigration attorney can provide valuable guidance and ensure that your applications are correctly prepared and submitted.
Travel Insurance
- Purchase Travel Insurance: Consider purchasing travel insurance to cover any unforeseen events or medical emergencies that may arise while you are abroad.
Conclusion
Applying for a travel document after your I-140 approval is possible, provided that you meet the eligibility requirements and follow the correct procedures. Whether you are seeking Advance Parole with a pending I-485 or a re-entry permit as a green card holder, understanding the process and preparing thoroughly can help ensure a smooth travel experience without jeopardizing your immigration status.
For the most current and detailed information, visit the USCIS website or consult with an immigration attorney.