Dear Quagmire
Apologies for the delayed response.
As far as I understand from your friend's situation, she has an approved Green Card Application based on a derivative asylum from her her father's approved Asylum application. Whereas her Adjustment Application has been approved, her father's Adjustment Application has been put on HOLD or is pending until further notice due to Background Check.
You friend wants to leave the US and pursue an internship in Australia while her Green Card has already been approved and her fathers green card is pending. Although she has a greed card, she can apply for a Travel Document to ensure her smooth transition in and outside the United States. She may file I-131, filing fee $305.00. It is generally granted for 2 years.
Here's some Details:Emergency Travel
Overview
Before leaving the United States on an emergency, aliens should find
out if they require a travel document to reenter the country or whether
their departure will in any way impact their current benefits
application.
As a general rule, any person who is not a U.S. citizen or a
non-citizen U.S. national is subject to immigration inspection each
time the person travels to the United States from any place outside the
United States. Even an alien who has already been admitted as a lawful
permanent resident (LPR) is subject to immigration inspection, if the
alien has been absent from the United States for more than 180 days, or
if the alien has engaged in certain conduct that makes the alien
inadmissible, such as the commission of certain crimes, attempting to
return without inspection, or other reasons. If an alien who is subject
to immigration inspection is determined to be inadmissible, the alien
may be denied admission and, if necessary, may be ordered removed from
the United States.
An alien who is seeking admission or parole at a port of entry
generally must have in his or her possession, and must present to the
inspector at the port of entry, a valid and unexpired travel document.
Depending on the person’s immigration status or if the person has an
application for an immigration benefit pending, several types of travel
documents are required if aliens (including legal permanent residents)
wish to return to the United States lawfully after travel abroad.
The following sections discuss reentry permits, advance parole
documents, and refugee travel documents. To apply for any of these
travel documents, use Form I-131. For further information on the
purpose of these documents and eligibility requirements, please refer
to 8 CFR.223.1.
Caution
Due to recent changes to U.S. immigration law, travel outside
of the United States may have severe consequences for aliens who are in
the process of adjusting their status. In general, individuals who seek
immigrant status or who are already legal permanent residents, and who
depart the United States without the appropriate documentation, may be
inadmissible to the United States. In addition, their applications may
be denied if they do not have the proper travel documents or if they
are otherwise inadmissible.
An individual who has been admitted as a nonimmigrant and has
applied to extend the period of authorized nonimmigrant stay, or to
change to a different nonimmigrant status, abandons the application if
the individual leaves the United States before USCIS makes a decision
on the application. Receipt of an advance parole document does NOT
prevent abandonment of the change of status or extension of stay
application. Upon returning to the United States, these aliens are
likely to be denied admission unless they have a new nonimmigrant visa
from the U.S. Department of State that supports admitting them in the
appropriate nonimmigrant category.
Again, it is important that the alien obtain the proper
documentation before leaving the United States., Also, an alien should
keep in mind that admission into the United States is not guaranteed
even if the appropriate documents are obtained. In all cases, the alien
is still subject to immigration inspection at a port of entry to
determine whether the alien is admissible into the country.
Unlawful Presence
Under the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, aliens who depart the United States after accruing certain
periods of unlawful presence in the United States for certain periods
may be barred from admission. Any “departure” from the United States
may trigger inadmissibility, even if the person has obtained an advance
parole document.
Those aliens who have accrued more than 180 days, but less than 1
year, of unlawful presence and who depart voluntarily before the start
of removal proceedings are inadmissible if they seek admission within 3
years of the date of their departure. Those aliens who have accrued 1
year or more of unlawful presence and who depart the United States,
whether or not removal proceedings have started, are inadmissible if
they seek admission within 10 years of the date of departure.
Aliens who have concerns about admissibility should contact an
immigration attorney or an immigrant assistance organization accredited
by the Board of Immigration Appeals before making foreign travel plans.
Re-Entry Permit
Lawful permanent residents (Green Card holders, including
conditional residents) should always take their I-551 forms with them
when they travel abroad. Having the Form I-551 can help them when they
return to a port of entry by providing verification that they actually
have been granted LPR status.
A Form I-551, however, is generally valid only if the person has not
been absent for more than 1 year. LPRs may use reentry permits to seek
to reenter the United States if they have been absent for 1 year or
more. A reentry permit allows a permanent resident or conditional
resident to apply for admission to the United States upon returning
from abroad during the permit’s validity, without having to obtain a
returning resident visa from the U.S. Embassy or consulate.
For LPRs returning to the United States, reentry permits are
generally valid for 2 years from the date the reentry permit was
issued. The LPR should apply for this benefit before leaving the United
States.
A reentry permit can also be issued to a lawful permanent resident
who, prior to departing a country abroad, applied to a Department of
Homeland Security (DHS) office abroad for a duplicate Form I-551 or for
a visa waiver under section 211(b) of the Immigration and Nationality
Act (the Act), but who, because of emergent conditions, must depart
before action can be completed on their application.
Conditional residents may also use reentry permits to reenter the
United States after travel of 1 year or more. For conditional residents
returning to the United States, reentry permits are generally valid for
2 years from the date the reentry permit was issued or until the date
the conditional resident must apply for the removal of conditions,
whichever comes first. The conditional resident should apply for this
benefit before leaving the United States.
USCIS does not extend the validity period for reentry permits. If a
reentry permit is due to expire, the person should file an application
for a new reentry permit. See Section 223 of the Act.
Please note that a reentry permit does not guarantee admission into the
United States. Aliens with reentry permits are still subject to
inspection at the port of entry and may be denied admission if they are
inadmissible. It is also important to note that travel outside of the
United States for more than 1 year under most circumstances will break
the continuous residence requirement for later naturalization purposes.
Travel for more than 6 months also may break the continuous residence
requirement. See Section 316 (b) of the Act.
Advance Parole
Most aliens who have pending applications for adjustment of status need
to obtain an advance parole document in order to leave the United
States without abandoning the pending application and to return to the
United States after traveling abroad. An advance parole document is
issued solely to authorize the person who travels to a U.S. port of
entry to seek parole into the United States to await the adjudication
of the pending application.
An advance parole document does not permit a nonimmigrant who has a
pending application for a change of nonimmigrant status or for
extension of nonimmigrant stay to travel abroad without abandoning the
application. If a nonimmigrant leaves while a change of status or
extension of stay application is pending, the application is abandoned.
An alien’s application for an advance parole document on the basis
of a pending application for adjustment of status must be approved
prior to leaving the United States. Whether to grant advance parole is
a matter of USCIS discretion. If an alien with a pending Form I-485
requests an advance parole document, and USCIS grants it, USCIS
normally issues a 1-year, multiple-use advance parole document. If the
alien leaves prior to issuance of the advance parole document, his or
her application for adjustment of status will be considered abandoned.
There are certain exceptions to this consequence as listed below.
The following individuals, who have a pending application for
adjustment of status, may depart the United States without an advance
parole document and without having their adjustment-of-status
application considered abandoned:
-
Individuals in H-1B (Specialty Workers) and L-1 (Intracompany
Tranferee) status, and their dependents (H-4 and L-2), who maintain
their status and possess valid visas;
-
Individuals in V-2/3 visa status who maintain valid V nonimmigrant
status and possess a valid V visa or who will obtain a V visa before
applying for readmission to the United States;
-
Individuals in K-3/4 nonimmigrant status who have maintained their
status and possess a valid nonimmigrant visa or obtain a valid K-3/4
nonimmigrant visa before applying for readmission to the United States.
(Note: Upon returning to the United States, you must present your valid
H, L, K, or V nonimmigrant visa and continue to be eligible for that
status.)
-
Refugees and asylees who have applied to adjust to permanent
resident status under section 209 of the Act may travel outside the
United States on a valid Refugee Travel Document and do not need to
apply for an advance parole document.
In certain circumstances applicants for other immigration benefits,
such as under NACARA, HRIFA, or Temporary Protective Status, may be
able to obtain an advance parole document.
Aliens in the United States should, prior to departure, obtain an
advance parole document in order to return to the United States after
travel abroad if they have:
-
Filed an application for adjustment of status but have not received a decision from USCIS;
-
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; or
-
An emergent personal or any other non-emergent bona fide reason
(such as a need for business travel) to travel temporarily abroad.
Any person who is in the United States, but has accrued at least 180
days of unlawful presence, should carefully consider whether to leave
the United States with an advance parole document. As discussed
earlier, leaving the United States may make the person inadmissible to
the United States. Even if the person is paroled into the United States
upon return, the alien may no longer be eligible for adjustment of
status.
Beneficiaries outside of the United States seeking parole due to
extraordinary, emergent, humanitarian circumstances should mail Form
I-131 to the following address:
U.S. Citizenship and Immigration Services
Attn: Chief, International Operations Division (Humanitarian Parole)
20 Massachusetts Avenue, NW, Room 3300
Washington, DC 20259
USCIS generally will not grant an advance parole document to an alien who is in the United States if the alien is:
-
In the United States illegally;
-
An exchange alien subject to the foreign residence requirement; or
-
In exclusion, deportation, removal, or rescission proceedings.
Please note that issuance of an advance parole document does not
guarantee admission into the United States. In fact, an alien who has
an advance parole document will generally be paroled into the United
States, rather than admitted. Aliens with advance parole documents are
still subject to immigration inspection at the port of entry. A
separate decision whether to parole the alien is made each time the
person presents himself or herself for inspection at a port of entry
with the advance parole document.
If an applicant is granted an advance parole document, but is
determined upon return to the United States to be inadmissible (and
parole is not appropriate), he or she will be placed in removal
proceedings challenging their admissibility.
For more information on Advance Parole, please read our Travel Advisory.
Refugee Travel Document
A refugee travel document allows aliens who were admitted to the
United States as refugees or who were granted asylum to return to the
United States after travel abroad. The refugee or asylee should apply
for a refugee travel document before leaving the United States. In some
cases, immigration officials may issue travel documents to refugees or
asylees who are physically outside of the United Stastes. See 8 CFR
223.2(b)(ii)
A refugee travel document does not guarantee admission to the United
States. An alien with a refugee travel document is still subject to
inspection and may be denied admission if the alien is inadmissible.
Humanitarian Parole
The Secretary of Homeland Security may allow any alien applying for
admission to the United States temporary parole into the United States
for urgent humanitarian reasons or significant public benefit. This
benefit is granted sparingly on a case-by-case basis.
For more information, visit our Humanitarian Parole page. See 8 CFR 212.5.
How to File
The alien must file Form I-131, Application for a 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 USCIS-issued Travel Document
The alien must file Form I-131, Application for a Travel Document,
complete with supporting documentation, photos, and applicable fees, in
order to obtain a reentry permit, a refugee travel document, or an
advance parole document. 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 submit with the Form I-131:
-
A copy of the alien registration receipt card; or
-
If the individual has not yet received an alien registration
receipt card, a copy of the biographic page of his or her passport and
the passport page 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 or temporary
evidence of permanent resident status.
An alien who files a Form I-131 to obtain a reentry permit must pay
the filing fee of $305, plus a biometric fee of $80 (for applicants
ages 14 through 79). The $305 filing fee cannot be waived, but the
applicant may seek a waiver of the $80 biometrics fee.
How to File For Advance Parole
If the alien is a permanent resident or conditional resident, he or she must submit with the Form I-131:
-
A copy of the alien registration receipt card;
-
If the individual has not yet received an alien registration
receipt card, a copy of the biographic page of his or her passport and
the passport page 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 or temporary
evidence of permanent resident status.
An alien who files a Form I-131 to obtain a reentry permit must pay
the filing fee of $305, plus a biometric fee of $80 (for applicants
ages 14 through 79). The $305 filing fee cannot be waived, but the
applicant may seek a waiver of the $80 biometrics fee.
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 include with the Form I-131:
An alien who files a Form I-131 to obtain a refugee travel document
must pay the filing fee of $305, plus a biometric fee of $80 (for
applicants ages 14 through 79). The $305 filing fee cannot be waived,
but the applicant may seek a waiver of the $80 biometrics fee.
Where to File
Where to file the Form I-131 depends on the benefit sought. See the form 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
reenter the country and lead to the denial of any other applications
pending.
