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Advance Parole, Reentry Permits and Travel Documents (Form I-131)

What is a Refugee Travel Document?

Home » What is a Refugee Travel Document?

July 5, 2021

U.S. Citizenship and Immigration Services (USCIS) issues Refugee Travel Documents to persons with refugee or asylum status (and in some cases to lawful permanent residents who obtained their permanent residence through refugee or asylum status).

Who Needs a Refugee Travel Document

You must have a Refugee Travel Document to return to the United States if you:

Have refugee or asylum status but are not a lawful permanent resident (green card holder); or
Are a derivative asylee or refugee.

If you do not obtain a travel document before you leave the U.S., you may be unable to re-enter the United States or you may be placed in removal proceedings before an immigration judge.

Lawful permanent residents who obtained their status through refugee or asylum status may also apply for a travel document. Although permanent residents can generally enter the United States with the green card (after an absence of less than one year), a travel document may be needed to enter other countries. In this way, the travel document is much like a passport.

An asylum “applicant” cannot obtain a Refugee Travel Document. Instead, asylum applicants may apply for an Advance Parole Document . Advance Parole allows certain aliens to return to the United States without a visa after traveling abroad.

Form I-131, Application for Travel Document

To apply for a Refugee Travel Document, file Form I-131, Application for Travel Document . You should file a Form I-131 before you leave the United States and expect processing times of approximately three months. However, it may take longer. Expedited processing may be available for your situation.

Should you need to leave the United States before USCIS grants the travel document or you want to apply outside the United States, please consult with an immigration attorney .

Mistakes on your Form I-131 can cause costly delays or a denial.

Period of validity.

A Refugee Travel Document is valid for up to one year. During this time you can use the document multiple times.

USCIS will not renew your travel document. Instead, you’ll need to apply for a new one with Form I-131, Application for Travel Document.

Traveling to the Country of Persecution

Traveling back to the country where you experienced past persecution or claim a fear of future persecution is highly discouraged.

RECOMMENDED: Dangers of Refugee/Asylee Travel to Home Country

Immigration Form Guides Form I-90 Form I-129F Form I-130 Form I-131 Form I-131A Form I-134 Form I-485 Form I-751 Form I-765 Form I-821D Form I-864 Form N-400 Form N-565 Form N-600

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All You Need To Know About Form I-589: Application for Asylum and for Withholding of Removal

If you want to apply for asylum in the United States, you must submit U.S. Citizenship and Immigration Services (USCIS) Form I-589 within one year of arriving in the United States. You’ll also need to submit documents to support your application. This article will help you understand how to fill out form I-589 and what supporting documentation you’ll need to provide. It will also cover some tips to help ensure your application has the best chance of success.

Written by Jonathan Petts . Updated November 1, 2022

What Is Form I-589?

If you are a noncitizen currently in the United States, you can apply for asylum with Form I-589. Asylum is an immigration status that U.S. Citizenship and Immigration Services (USCIS) can grant to people who have been persecuted or fear they will be persecuted in their home country because of their race, religion, nationality, political opinion, and/or membership in a particular social group. If USCIS grants you asylum, you can remain in the United States and work here with employment authorization.

Asylum seekers must file Form I-589 within one year of arrival in the United States. If you do not file this form within one year, you may be ineligible to apply for asylum under immigration law. If you entered the United States illegally or you overstayed a visa, you could face deportation or arrest from immigration authorities.

How To Fill Out Form I-589

Form I-589 is ten pages long, with a two-page supplement. It has seven parts in total. It is essential to provide accurate information consistent with any previous immigration applications. If USCIS determines that you were dishonest, you may be permanently inadmissible to the United States. The following sections explain how to complete the different parts of Form I-589.

Part A: Information About You, Your Spouse and Children, and Your Background

Part A has three subsections: Part A.I, Part A.II, and Part A.III.

In Part A.I, you will provide information about yourself for your asylum claim. This information includes your full name, mailing address, date of birth, home country, contact information, Social Security number, and marital status.

Question 1 asks for your alien registration number or “A-number.” This number is an eight- or nine-digit number you likely have if you have submitted previous applications to USCIS or faced deportation proceedings.

For Question 18, you will also share if you previously faced immigration court proceedings. Proceedings include appearing before an immigration judge or facing arrest by the Department of Homeland Security (DHS) or immigration officers. If you have, you may be unable to file Form I-589 except through the immigration court.

For Question 19, you will need to share your entries into the United States and visa status. Even if you entered without inspection or overstayed your visa, you must be honest. However, most immigration violations will not affect your asylum case if you did so to escape persecution. You can find your Form I-94 travel record on the Customs and Border Protection website .

In this section, you will provide information about your spouse and children. USCIS wants to know whether they should grant asylum to your family members.

For the section on your spouse, question 24 asks if you want to include your spouse on your application. If you include your spouse and USCIS grants you asylum, your spouse will also receive asylum. However, if USCIS refers your case to immigration court, your spouse could also face removal proceedings and deportation with you. If your spouse doesn’t want to risk this, you can indicate “no." They can file Form I-730 to get status after you receive asylum.

For the section on your children, you should answer Questions 1-21 for each child, even if they are adults. If you have more than four children, you must attach “Supplement A, Form I-589.” Like for your spouse, you can choose if you want to include them on your asylum application.

Part A.III

In Part A.III, you will provide information about your background. You will share your last address, previous residences, education and employment, and information about your parents and siblings.

Part B: Information About Your Application

In Part B, you will answer questions determining your asylum eligibility. It is crucial to be specific. To make your application credible, you should provide as many details as possible, including dates, names, and locations. You should use Supplement B or additional sheets of paper if you need more space to explain your case further. You can also provide documentation as evidence of your claims. It is better to provide more detail than less.

In Question 1, you will explain the basis of your asylum claim. You need to check at least one of the first five boxes to be eligible, and you can indicate multiple boxes if they apply. If you also are applying for Withholding of Removal under the Convention Against Torture, check “Torture Convention.”

In Question 1.A., you should explain any harms, mistreatments, or threats relevant to your basis of asylum and the country you fled. If you can include damages or threats caused by government actors and evidence, this will strengthen your application. If you faced harm or threats from non-government actors, explain that the government was unwilling or unable to protect you from these events. If possible, try to have any family members or friends you name provide affidavits or sworn statements to support your claims.

In Question 1.B., you need to explain if you fear harm or mistreatment if you return to your home country. You must check “yes” and explain to be eligible for asylum.

Questions 2-4

In Question 2, USCIS wants to learn about your criminal history outside of the United States. However, you can also use this to explain why you or your family faced false accusations, detentions, interrogations, or imprisonment as it relates to your asylum claim. These cases can qualify as “persecution.” If this applies to you, provide records of your arrest, court proceedings, or imprisonment and why you believe you were targeted. However, if your arrests or prosecutions are irrelevant to your asylum claim, you should speak to an immigration attorney. Serious crimes that are irrelevant to your claim can prevent you from getting asylum.

In Question 3.A., you will explain your membership in any organization or group. USCIS wants to determine if you are a part of a group that has persecuted others or involved itself in terrorism. Membership could bar you from receiving asylum. If so, you should talk to an attorney. However, you can also show you participated in activist, media-related, political, or religious activities. If the government or other actors targeted these organizations, explain your role in the group and any leadership positions you held.

In Question 3.B., you should explain and provide evidence as to whether you and your family members are still part of these groups. Remaining a member can indicate your dedication to the organization and show how you cannot simply leave the organization to avoid persecution. It can improve your asylum case.

In Question 4, you will explain if you fear torture upon returning. Do not answer “yes” unless you genuinely fear torture. However, if you are applying under the Convention Against Torture, you need to indicate “yes” and explain to qualify.

Part C: Additional Information About Your Application

In Part C, the yes or no questions will indicate if you have done anything that could hurt your chances for asylum. You will need to explain if you answer “yes” to any of the questions.

For Question 1, you will indicate if you previously requested asylum and faced denial from USCIS, an immigration judge, or the Board of Immigration Appeals. If you had any change in circumstances that affected your eligibility or if your family members with a similar case successfully received asylum, it could improve your case. However, if USCIS denied your claim due to criminal history, your outcome will likely not change.

For Questions 2.A. and 2.B., you will provide information about previous travel and residence abroad. USCIS wants to know whether you could return to a third country that is not the United States or your home country and not face persecution there. If relevant, you need to explain why you didn’t apply for asylum there. If you did apply for asylum, you would need to present your case outcome. You will likely have to answer questions about this in your asylum interview with an asylum officer. If another country offered you the opportunity to become a permanent resident, but you refused without a valid reason, you will not be eligible for U.S. asylum.

Questions 3-6

In Question 3, if you were involved in persecuting others, you would be ineligible for asylum. If you answer “yes,” you need to explain why you participated. For example, if relevant, you could clarify that others forced you to join. You should provide evidence for these claims, such as articles from humanitarian groups that verify this information.

In Question 4, you will explain if you left your home country and later returned. You will need to explain how circumstances changed since you returned or about extenuating events that required you to return, such as a severe illness from a family member. If you are not convincing enough, USCIS may decide you don’t genuinely fear returning.

In Question 5, if you are not applying within one year of arriving in the United States or one year of your legal status expiring, you will need to explain what “extraordinary circumstances” delayed your filing. These could include illness or changing circumstances in your home country. You should consult an attorney if you are applying after the one-year deadline.

In Question 6, you will explain if you or your family have faced arrest or conviction for a crime in the United States. If relevant, you should consult an immigration attorney.

Part D Through Part G

In Part D, if applicable, you will print your name in English and your native language. You would indicate if a spouse, parent, or child helped with your form.

In Part E, you will declare if an attorney, nonprofit employee, or other accredited representative helped you prepare the form.

Do not fill in Part F and Part G. Part F will be completed at your asylum interview, if applicable. Part G will also be completed, if applicable, at your removal hearings when you appear before an immigration judge of the Executive Office for Immigration Review (EOIR).

Supporting Documents & Evidence To Submit With Your Asylum Application

In addition to your form, you will need to provide supporting documents. You should attach two passport photos to your application on page 9. Write your full name and A-number in pencil on the back of the images. If you don’t have an A-number, write “A# None.”

If you are including family members in your asylum application, you should follow these steps for them too. You should make a copy of your application, attach two passport photos of your family member, and write their full name and A-number. Again, if they do not have an A-number, indicate “A# None.”

Document List

You should also include copies of these documents:

Your birth certificate

Your marriage certificate , if relevant

Your passport or travel document (every page, including front and back covers)

Your I-94, if you arrived in the United States with a visa, through the visa waiver program, or if you received parole

If you arrived after May 2013, this information is online, and if you arrived before May 2013, you should have a piece of paper stapled to your passport

If you include your spouse on your application, you should include this information:

Your spouse’s birth certificate

Your spouse’s passport or travel document (all pages)

Your spouse’s I-94, if applicable

Your marriage certificate proving your marriage

Proof of termination of any prior marriages (such as a divorce judgment) for you and your spouse

If you are including your child on your application, you should also include this information:

Your child’s birth certificate

Your child’s passport (all pages)

Your child’s I-94, if applicable

If you or a family member on your application faced arrest or conviction in the United States, you need to submit records of this violation. If you don’t have documents, you should explain you will look for them and provide them in the future. If your documents are not in English, you need to include a certified translation .

How To File Your Completed Form I-589

Filing your completed form depends on whether you’re filing through USCIS or facing removal proceedings in immigration court.

If you are filing through USCIS, you must mail your application package to the correct address or P.O. box, depending on where you live. For example, if you live in Arizona or Vermont, you will mail your package to the California Service Center. However, if you live in certain Nevada counties, you’ll send your package to the Nebraska Service Center. If you are from the U.S. Virgin Islands, you will mail it to the Texas Service Center. This system can be confusing, so look up where to send your package on USCIS’s official site under “Where to File.”

Filing While Facing Removal Proceedings

If your case is currently in immigration court, you will submit your application to the court and the government attorney. You have three different options. First, you could submit your package in person during your hearing. You would give the original and copies to the judge, who will stamp them. The judge will keep the original, and you will then give one copy to the attorney and keep one copy.

Second, you could submit your package in person at the filing window in immigration court. You will need to prepare a certificate of service or proof you gave your package to the attorney. You will bring all these documents, including the certificate, to the court. The clerk will stamp these documents and keep the original copy and the certificate of service. You should keep one copy for yourself and deliver one stamped copy to the government attorney. You can mail it to them or provide it to their office. Usually, their office will be in the same building as the immigration court. You can find their address online here .

Finally, you can mail your application to both the court and the government attorney. Again you will need a certificate of service. You should use a mail service that offers tracking. First, you will mail the original copy and the certificate to the immigration court address . Then, you should ship a copy to the government attorney’s address . Keep the final copy for yourself. After submitting your application to the court, keep in mind that you will also need to send other documents to USCIS to schedule a biometrics appointment.

Form I-589 Filing Fee and Processing Time

There is currently no fee to file Form I-589. You should receive a decision on your application within 180 days of the date you filed your application unless you have exceptional circumstances. If you don’t complete the form correctly, you could face processing delays.

Tips for Filling Out Form I-589

To avoid delays in processing, follow these tips:

Make sure to apply within the one-year deadline, or you could face arrest from immigration authorities.

Be honest always. If you lie, you could become permanently inadmissible to the United States. If USCIS finds that you knowingly were dishonest, you may be ineligible for any immigration benefits in the future.

Be consistent with previous applications or explain any discrepancies and provide evidence of the truth.

If you can’t remember specific dates, enter your best guess and try to provide evidence for it.

Use extra pages if you need more space. You should do this through “Supplement B, Form I-589.” You can make additional copies of this page and attach them.

Don’t forget to sign your form in Part D, as USCIS will reject unsigned forms.

Use the most recent form version by checking the USCIS site .

USCIS prefers that you complete the form electronically and then print them out. However, if you handwrite, use black ink and print legibly.

If you make an error, you should start over with a new form.

Do not use highlighters or correction fluid. The scanners cannot correctly read information this way.

If you file multiple forms, write your name, date of birth, and A-number, if applicable, the same way on each form.

Submit single-sided copies of your application.

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For U.S. Citizens/Lawful Permanent Residents

Advance Parole, Reentry Permit, and Refugee Travel Documentation for Returning Aliens Residing in the U.S

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 U.S. Citizenship and Immigration Services' (USCIS) website. 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 alien registration receipt card; or
If he has not yet received his alien registration receipt card, a copy of the biographic page of his passport and the 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 or temporary evidence of permanent resident status.

How to File For Advance Parole An alien in the United States and applying for an Advance Parole document for him or herself must attach:

A copy of any document issued to the alien by DHS 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 DHS showing the alien's refugee or asylee status and indicating the expiration of such status.

Where to File Where to file the Form I-131 depends upon 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 re-enter the country, and lead to the denial of any other applications.

Political Asylum USA: Asylum Immigration Status in United States

Our multi-lingual Immigration experts are waiting for you to start your Asylum application. Or, visit your local site:

Common Questions About Asylum | Travel

One concern a lot of people have when they apply for asylum in the United States — or once they receive asylum here — is if or how it affects their ability to travel to other countries. In this section, we will provide the answers to some of the most frequently asked questions about this issue.

Can I travel as an asylee?

If you are an asylee, your application for asylum in the United States has been approved. That also means you have certain rights, including the right to travel outside of the United States. However, there are certain rules you must follow in order to do so.

Specifically, you must get a special travel document called a Refugee Travel Document, which can be used instead of a U.S. Passport. This is important because if you fail to do so before you leave the United States, you may not be able to re-enter the country upon your return. Depending on your situation, you may even be placed in removal (deportation) proceedings.

You can apply for a Refugee Travel Document by filing Form I-131, Application for Travel Document, with United States Citizenship and Immigration Services (USCIS). The agency recommends that you do so at least 60 days (two months) prior to leaving the United States.

If you do not file for a Refugee Travel Document prior to leaving the United States, a USCIS office overseas may accept your application. However, a USCIS office in another country is not legally obligated to do so, and may not accept your application if there is any evidence you could have filed while you were still in the United States. Finally, you may only pursue this option if you have been outside the United States for at least one (1) year.

You can use a Refugee Travel Document for up to one year.

Can I travel to my country with asylum?

Yes, you can — but it really isn’t a good idea and you should avoid doing so unless absolutely necessary.

This is because the U.S. government granted your asylum based on your claims of past persecution or fear of future persecution in your home country. If you ask to go back without providing a valid reason, or if you can’t explain how you were able to go there without being harmed, the U.S. government may simply conclude that your asylum claim was invalid. It may also terminate your asylum status in the United States.

Can I travel while my asylum application is pending?

Again, the answer to this question is technically, “yes.” You can travel outside of the United States while you are waiting for the government to make a decision about your request for asylum. However, most immigration experts advise against doing so unless it is absolutely necessary. This is because the authorities can question you and there is no guarantee you’ll be allowed to come back into the country upon your return.

If you must travel to another country while your asylum application is pending, you must apply for Advance Parole before you leave the United States. You can do so by completing Form I-131, Application for Travel Document. If your request is granted, you will be allowed to re-enter the United States prior to approval of your asylum application.

Immigration experts also advise against returning to the country where you claim that you were persecuted or have fear of being persecuted while your asylum application is pending. If you do so, the government will assume that you either abandoned your asylum application or submitted a fake one. If the government determines that you filed a fraudulent asylum application, you may never be allowed to set foot in the United States again.

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Moving and Traveling

If you move, it is important to update your address with the U.S. government. That way, you will make sure to receive important documents in the mail like hearing or interview notices. You need to update your address separately with every immigration agency you interact with.

Scroll down or click on the links below to read questions and answers from the Asylum Seeker Advocacy Project (ASAP).

Can I move while my asylum application is pending?

I moved. what should i do, how do i change my address with uscis, how do i change my address with the immigration court, how do i change my address with the board of immigration appeals (bia), how do i change my address with ice or isap, i moved far away from my immigration court. how do i file a motion to change venue, if my case is not in the immigration court system yet, can i still update my address with the immigration court, can i travel within the united states while my asylum case is pending, can i travel outside of the united states while my asylum case is pending, can i travel outside of the united states if i win asylum.

See other questions.
Find legal help.

Yes, you can move while your asylum application is pending, unless ICE has told you that you cannot move.

When you move, it is very important that you update your address as soon as possible. You need to update your address separately with every immigration agency you interact with. This can include one or more of these immigration agencies: USCIS, immigration court, and ICE or ISAP. Unfortunately, these agencies will not update each other when somebody moves, so you have to update each of them. If you update every agency, you will make sure to receive important documents in the mail like hearing or interview notices. Please keep reading for instructions.

When you move, it is important to update your address with the U.S. government if you want to pursue your immigration case. That way, you will receive important documents in the mail such as hearing or interview notices, or your work permit card.

You need to update your address separately with every immigration agency you interact with.

You can update your address online on this USCIS website .
Find more options here .
You can update your address online on this immigration court website .
If you moved far away, you may also wish to submit a Motion to Change Venue to request to move your case to a court closer to you. This is optional.
If you are not sure if you have a case in immigration court, read more here .
You can update your address online on this BIA website .
You can update your address in person during your next check-in, using the online tool to update your address with ICE , or by phone at 833-383-1465.

If you are an ASAP member, you do NOT need to change your address with ASAP. The Asylum Seeker Advocacy Project (ASAP) is a nonprofit organization and is not part of the U.S. government.

If you have an application pending with USCIS, such as a work permit application or an asylum application, you can change your address with USCIS online or by phone. Read below for more details on how to change your address with USCIS and what might happen if you moved far away. You may also need to change your address with other immigration agencies .

Option 1: Online Form

You can change your address with USCIS by completing an online form on this USCIS webpage .
You need an email address and a receipt number to complete the online form.
You should submit a separate online form for each family member who is included in your asylum application. Your family member’s biometrics appointment notice should include their A Number and receipt number.
After submitting the form, you should receive an email from USCIS confirming that they updated your address, usually within a few weeks. Keep this email for your records.

Option 2: Online USCIS Account

If you submitted your asylum application online, you can also change your address in your online account .
If you change your address in your online account, you do NOT have to separately update addresses for other family members who are included in your asylum case. Their addresses will be updated automatically.

Option 3: By Phone

If you do not have a receipt number and you did not submit your asylum application online, you can try calling the USCIS Contact Center at 800-375-5283 instead.
When you are asked to explain what you are calling about, you can say “InfoPass” in order to speak with a representative to update your address.
During the call, you can also ask to update the address for every family member who is included in your asylum application.

What will happen after I update my address if I moved far away?

USCIS may automatically change your asylum office to one closer to you.

If this happens and it has been less than 180 days since you submitted your asylum application, USCIS will probably stop your “asylum clock.” This can delay when you can apply for your first work permit as an asylum seeker.

If your clock has been stopped, you can try contacting your new asylum office to ask them to re-start your clock. You can find contact information for asylum offices here . Read more about the asylum clock here .

If you received an asylum interview notice already and you are not able to attend the interview because you moved far away, you should request to reschedule your interview . You should do this as soon as possible.

You can change your address with the immigration court by submitting Form EOIR-33 by mail or online. Read below for more detailed instructions! If you moved far away , you may also wish to submit a Motion to Change Venue to ask your judge to move your case to an immigration court closer to you.

You may also need to change your address with other immigration agencies .

Option 1: Online

Go to this immigration court website .
You can follow the instructions on the website to complete the online form. You need to complete a separate form for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need to complete the form 3 times.
You can change the language of the form in the top right corner, but you must enter all answers in English .
For “Base City,” you should select the city where your current immigration court is located, not the city that you moved to.
After filling out your personal information, click the button that says “CLICK TO REVIEW.” Check that all the answers are accurate. Then, type your name in the “Signature” space.
In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches your current immigration court.
At the bottom of the form, type your name again in the “Signature” space.
Click “Submit.” This sends the form electronically to the immigration court.
After submitting the form, print 2 copies. The first copy is for your own records.
Note: You can also submit the form online by registering on this separate government website . However, sending by mail is usually easier, because the government may take several weeks to approve your registration. After your registration is approved, you have to go back to the website and follow the instructions to send a copy of the Form EOIR-33 to the government attorney.

Option 2: By mail

Download the correct Form EOIR-33 for your immigration court. Select the city where your current immigration court is located, not the city that you moved to.
You can see a copy of a Form EOIR-33 with instructions here . You can also watch this video .
You need to complete a separate Form EOIR-33 for each of the family members included in your case. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, it is best for the child to sign the form.
You will need the U.S. government attorney’s address to fill out the last section of Form EOIR-33. You can find their address here .
After you have filled out Form EOIR-33, make 2 extra copies. You can mail the original to your current immigration court. You can use the second page with the immigration court address as an envelope, by folding and taping the edges and placing a stamp. You can also submit it in person at the filing window in the immigration court.
Keep the first copy for your own records.
Send the second copy to the U.S. government attorney by mail. You can find their address here .

You can change your address with the BIA by submitting Form EOIR-33 by mail or online. Read below for more detailed instructions! You may also need to change your address with other immigration agencies .

Open this online form .
You can follow the instructions on the website to complete the online form. You need to complete a separate form for each of the family members included in your case.
After filling out your personal information, click the button that says “Click to Review.” Check that all the answers are accurate. Then, type your name in the “Signature” space.
In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches the immigration court where you had your immigration case.
Click “Submit.” This sends the form electronically to the BIA.
Download this version of Form EOIR-33 for changing your address with the BIA.
After you have filled out Form EOIR-33, make 2 extra copies. You can mail the original to the BIA. The second page of the form has BIA’s address. You can use this second page as an envelope, by folding and taping the edges and placing a stamp.
Send the second copy to the government attorney by mail. You can find their address here .

If you have check-in appointments with ICE or ISAP, you can tell an official about your new address during your next check-in or by phone. It can help to bring proof of your new address to the check-in, such as a utility bill or mail.

You can also use this online tool to update your address with ICE , or call ICE at 833-383-1465 to update your address.

ICE tells some people that they should notify their ICE officer before they move. You can find more information on this ICE website .

After you move, you may also need to change your address with other immigration agencies .

If you moved far away from your immigration court, you can request to change your immigration court to one that is closer to you if necessary. The way to do this is by submitting a “Motion to Change Venue” to the immigration court where you currently have a hearing scheduled. You do not need an attorney to do this: we have included detailed steps and a template below. But if you would like legal assistance, you can find help here .

First, how do I know if I should file a Motion to Change Venue?

A Motion to Change Venue is not necessary every time you move. You should only submit a Motion to Change Venue if you are not able to go to your hearings because your current immigration court is too far away, and there is a different immigration court that is closer to your new address. If you submit a Motion to Change Venue and the judge approves it, your case will be moved to an immigration court closer to your new address.

You do not have to submit a Motion to Change Venue if you moved, but your current immigration court is still the closest one to you. You also do not have to submit a Motion to Change Venue if you moved far away, but you are still able to go to your hearings and you want to keep your case at your current immigration court. However, every time you move, you still need to update your address to ensure that you receive important mail.

As of April 2023, a Motion to Change Venue no longer stops the “ asylum clock .” The asylum clock must reach 150 days after filing asylum before you can apply for a work permit.

How do I file a Motion to Change Venue?

If you want to request to move your immigration court, follow the steps below. You can see a template Motion to Change Venue here .

Check the immigration court automated system to get some information. Write the answers down.
Where is your current immigration court?
Who is your immigration judge?
When is your next hearing?
Get proof of your new address.
For example, this can be a rent agreement, a utility bill, or your child’s records from their new school. The document should show your name and new address. Make a copy of this document to attach to your request.
If you do not have any other proof, you can ask for a letter from someone who lives with you at your new address. If the letter is not in English, you will need to include a translation into English and a certificate of translation . You also need to include a copy of this person’s ID and proof of address. You can download a blank letter that the person can fill out here . You can see a copy of a letter with instructions here (page 6 of this packet).
Fill out a Form EOIR-33. This is a form that tells the immigration court that you have moved to a new address.
Download the correct Form EOIR-33 for your immigration court here . Select the city where your current immigration court is located, not the new city that you are trying to move your case to.
See a copy of a Form EOIR-33 with instructions here . You can also watch this video .
You need to complete a separate Form EOIR-33 for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need 3 forms in total. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, it is best for the child to sign the form.
You will need the government attorney’s address to fill out the last section of this form. You can find their address here .
Fill out a “Motion to Change Venue.” This is a request that asks an immigration judge to move your case to the court closest to you. This document must be in English. If you choose to complete this document by handwriting, you should use black pen.
Download a blank copy of a Motion to Change Venue that you can fill out . This document was adapted from a sample provided by the U.S. government.
See a copy of a Motion to Change Venue with instructions here .
(1) If you read your Notice to Appear and you agree with what is written there, you can write: “I concede the allegations in the Notice to Appear.”
(2) If you do NOT agree with what is written in your Notice to Appear, or you believe that immigration officials may have violated your rights when they arrested you, or you have any other doubts, it is best to talk with an attorney. You can also try to submit the Motion to Change Venue without mentioning the Notice to Appear. Some judges will still grant a Motion to Change Venue without this information. If the judge denies your Motion to Change Venue, you may want to speak with an attorney before trying again.
(3) If you do not have a copy of your Notice to Appear, you can write: “I do not understand the allegations in my Notice to Appear because I do not have a copy of this document and I do not have an attorney.” Some judges will still grant a Motion to Change Venue in this situation. If the judge denies your Motion to Change Venue, you can try to get a copy of your Notice to Appear and submit again.
To fill out the Proof of Service, which is on the last page, you will need the government attorney’s address. You can find their address here . The Proof of Service is a document that shows the immigration judge that you sent a copy of your documents to the government attorney.
Put the completed documents together in this order:
Form EOIR-33. You need to complete a separate form for yourself and each person included in your case.
Motion to Change Venue cover page and explanation of why you need to change your immigration court.
Proof of your new address.
Proposed order of the immigration judge.
Proof of service.
Review the package.
Read through all the pages to make sure everything is accurate.
Make sure that you wrote your correct name, A Number, old address, and new address.
Make sure you have signed and put in the date on: (1) Form EOIR-33, (2) the Motion to Change Venue, and (3) the Proof of Service.
Make 2 copies of the package. You should have 1 original and 2 copies.
The original should be mailed to your current immigration court. You can find the immigration court’s address here .
The first copy should be mailed to the government attorney. You can find the government attorney’s address here .
The second copy should be kept in a safe place for your records.
Wait for the immigration judge’s decision. The immigration judge’s decision will be mailed to your new address. Check your mail and the immigration court system regularly.
Sometimes judges can take a long time to decide on a Motion to Change Venue. If you have been waiting for a long time, or if your scheduled hearing date is coming up, you can try calling the court for an update on your case. You can find immigration court phone numbers here . Please note that sometimes it is very hard to get somebody on the phone. You should keep trying.
If you do not get a decision in time, you should go to your scheduled hearing. If you do not go to your hearing, you will likely receive a deportation order for missing your hearing. (If you do miss your hearing, do not give up! Read about steps you can take .)
You may also need to change your address with other immigration agencies. If you also have an application pending with the United States Citizenship and Immigration Services (USCIS) or check-ins with Immigration and Customs Enforcement (ICE), you also need to separately update your address with those agencies .

You can try, although it does not always work. If you think you have a case in immigration court , but your case does not appear when you try to check the automated court system , you can still try to update your address using Form EOIR-33 online or by mail.

To confirm which immigration court to send the Form EOIR-33 to, you can check to see if you have a document called a “Notice to Appear.” Some of these documents have the date and place you will appear for your first immigration court hearing, but not all documents have this information.

Unfortunately, even if you send in your Form EOIR-33, there is still a chance that the immigration court will send important documents to your old address. So it is very important to check the court system every week to find out when your first immigration court hearing is scheduled. If you want to pursue your asylum case, it is very important that you attend your immigration court hearings! If you miss any hearing , you will likely receive a deportation order.

If you want to submit your asylum application, you can submit it to USCIS instead . In general, you must submit an asylum application within one year of arriving in the United States.

If you have a pending asylum case, you can travel within the United States with an ID or your passport. You should also carry the documents that you were given when you first entered the country, just in case.

If you have appointments with ICE or ISAP , the official often requires you to tell them before you travel outside the state.

Generally, if you want to continue to pursue your asylum case, it is best not to travel outside the United States.

Your asylum case can be denied if you travel to your country of origin.

If you need to travel to a country that is not your country of origin, you can try to apply for advance parole from the U.S. government. But getting advance parole can be difficult.

If you are applying for asylum with USCIS , you can try to apply for advance parole with USCIS using Form I-131 . However, the advance parole application may be denied and it can take several months or longer to receive a decision.
If you are applying for asylum in immigration court , you can try to request advance parole from ICE. However, this is even more difficult than requesting advance parole from USCIS. Also, if an immigration judge has ordered your removal or your case is on appeal, leaving the United States might be considered an act of self-deportation, and you may lose the right to continue fighting for asylum.

If you travel outside the United States without advance parole, your asylum case can be denied.

If you are considering traveling outside the United States, you may wish to find an attorney to discuss your options.

Yes! The documents you need to travel depend on your current immigration status.

If you have won asylum but are not yet a U.S. permanent resident , you should apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting Form I-131 to USCIS. You can find more information on this USCIS page .

Also, please know that there are risks if you travel to your country of origin after you win asylum. If you do this, the U.S. government can end your asylum status. The U.S. government can also deny your green card (permanent residence) application because you traveled to your country of origin.

If you are a U.S. permanent resident, you can travel outside of the United States with your Permanent Resident card and a passport from your country of origin. But if you prefer not to use your passport or cannot safely get or renew a passport , you can apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting Form I-131 to USCIS. You can find more information on this USCIS page .

Again, there are risks if you travel to your country of origin. The U.S. government can end your permanent residence, and it can also negatively affect your U.S. citizenship application if you apply.

If you become a U.S. citizen, you can apply for a U.S. passport in order to travel outside the United States.

Note: This page is for adults who are interested in seeking asylum in the United States. Our hope is that you will use the information to better understand the asylum process and take control of your case. However, this information is not a substitute for legal advice about your particular case. To look for legal assistance, visit ASAP’s find help page .

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Asylees and Refugees

Traveling With Your Passport When You Have Asylum

A common question for asylees (people who have been granted asylum) is whether they can travel using their home country passport. If all were right in the world, this would never be an issue. Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document , and it is best to use the RTD instead of your home country passport.

Unfortunately, the RTD is valid for only one year, takes 10 or 11 months to renew, and is not accepted by many countries. For these reasons, asylees (and people who received a Green Card based on asylum) are often unable to use the RTD and are left with a difficult choice: Either skip the trip or travel using the home country passport, which can potentially have negative implications for a person’s status in the United States.

In this post, we will talk about the RTD and then discuss travel using a passport from your home country.

For asylees, the best way to travel and return to the U.S. is with an RTD. But the problems with the RTD are many. First, not all countries accept the RTD. You can find websites that purport to list nations that accept the RTD (with or without a visa), but it is unclear whether such information is reliable. The better approach is to contact the country’s embassy and ask directly. Some embassy websites even have information about whether they recognize the RTD and whether a visa is required.

A second problem is that the RTD is valid for only one year and renewals currently take almost a year. If your RTD is valid and you want to renew it, you need to send the original RTD along with your application for a new travel document. While I have heard about people applying for a new RTD without sending the original, the instructions are clear on this point, and if you have a valid RTD and fail to include it with your application to renew, you risk rejection. The solution would be for USCIS to extend the validity of the RTD, an idea that has been floating around for years and whose time is long overdue.

Despite these issues, for asylees who do not yet have a Green Card, the RTD is usually the only option, since that document is required to re-enter the United States (an exception might be an asylee who also has TPS or who has applied for a Green Card based on a family relationship or employment–such people can obtain Advance Parole ).

What about an asylee who has an RTD, but who uses her passport to enter a third country? This is a common scenario, since some countries do not recognize the RTD. Would an asylee be at risk of losing her status if she travels with her passport?

There are several reasons that a person’s asylum status can be terminated, including two that might be relevant for our purposes: (1) if there is “a showing of fraud in the alien’s application such that he or she was not eligible for asylum at the time it was granted” and (2) if the asylee “voluntarily availed himself or herself of the protection of the country of nationality… by returning to such country with permanent resident status or the reasonable possibility of obtaining such status….”

Using a passport issued by a government that seeks to harm you may raise suspicions about fraud. You could be asked to explain why you used the passport and why your home government issued you a passport in the first place. It is worth thinking about these questions before they come up, and having an explanation ready in case it is needed. One common explanation is that the home government issues passports to everyone and does not have the capacity to track political opponents and deny them passports. Evidence for this might include news stories about opposition political figures who travel abroad (presumably using their passport). If you do not fear your home government, but instead fear non-state actors (such as terrorists or violent family members), this is obviously less of a concern. Even so, be prepared to explain the situation, just in case you are asked.

There is also the issue of voluntarily availing yourself of the protection of your home country by using your passport (and thus placing yourself under the home government’s protection). However, this provision only applies if you return to your home country and does not apply when you use your passport to travel to a third country. So unless you go to your home country, this should not be an issue.

Here’s another scenario: You have a Green Card and a valid passport, but you do not have an RTD. Can you travel and return to the United States?

First, you can re-enter the U.S. using your Green Card, as long as your trip was for less than six months (keep in mind that any Green Card holder can abandon his residency if he spends too much time outside the United States).

Second, in terms of a risk to your status based on use of your passport, the only real issue here is whether your original asylum case was fraudulent, as discussed above. As long as the U.S. government does not conclude that the asylum case was fake, you should be fine.

In general, the risk to your status caused by using your passport is probably minimal, though it is not zero. In my own practice, I have many clients who received a Green Card based on asylum and who traveled using their passport. None has had a problem re-entering the U.S. or during the naturalization process.

For asylees and Green Card holders who received status based on asylum, it will always be better to use the RTD. However, where you must use your passport, you should be prepared to explain the situation. In this way, you can minimize any risk to your immigration status in the United States.

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How to seek asylum in the U.S.

To seek asylum, you must already be in the U.S. and believe you will be in danger of persecution if you return to your country. Learn how to seek asylum and sponsor someone else.

Learn if you are eligible and how to apply for asylum

To be eligible for asylum, you must be:

Inside the United States
Nationality
Social group
Political opinion

In most cases, a decision will be made on your asylum application within 180 days after you file. Learn more about the process of seeking asylum in the U.S. , including:

Filing asylum application Form I-589 within 1 year of arriving in the U.S.
Working in the U.S.
Helping family members seek asylum
Filing for permanent residence (Green Card)

How to sponsor an asylum seeker

If you came to the U.S. in the last 2 years as an asylee, you may be able to sponsor your spouse and qualifying children to join you.

Find out how to sponsor your family member for asylum. Learn:

How to qualify as a sponsor
Who is eligible to be sponsored to come to the U.S.
How to download and fill out Form I-730 to request asylum for your family member

LAST UPDATED: December 12, 2023

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Asylum Travel

Traveling Outside the U.S. as Asylum Applicant

If you applied for asylum in the United States, and your case is pending, your departure from the United States will be considered as if you have abandoned your asylum application. To avoid this, you can apply with the United States Citizenship and Immigration Services (USCIS) for an advance parole before leaving the United States by filing Form I-131. An approved advance parole allows certain aliens to return to the United States without a visa after traveling abroad. However, even approved advance parole does not guarantee that you will be admitted into the United States after your absence. You will have to undergo inspection by an immigration inspector from United States Customs and Border Protection.

Importantly, even with advance parole, if you go the country in which you have been persecuted according to your asylum application, you will be presumed to have abandoned your asylum petition, unless you can explain why you had to go back to the country that persecuted you, and how you were able to return safely. If you do not provide a compelling explanation, your asylum application will be considered abandoned. Your return to the country of claimed persecution can also be considered evidence that your alleged fear of persecution is not genuine, undermining your chances to be granted asylum. Advance Parole is reviewed on case-by-case basis and rarely granted to asylum applicants.

Traveling Outside the U.S. as Asylee

If you have been granted asylum in the United States, you can travel abroad with prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document will also substitute your passport. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Generally, the asylee should obtain the refugee travel document prior to departure from the United States, although under certain circumstances refugee travel document can also be issued abroad. Like advance parole, a refugee travel document does not guarantee admission into the United States. Upon your return, you will have to undergo inspection by an immigration inspector from CBP.

Your asylum status may be terminated if you are discovered to have lied on your asylum application. In some circumstances, your return to the country of claimed persecution may be considered evidence that your alleged fear of persecution, based on which you obtained asylum, was not genuine. Upon your return to the United States, you may be questioned about why you had to visit the country of claimed persecution and how you were able to return safely. In some cases, you may become subject to proceedings to terminate your asylum status. Termination of your asylum status may also occur there has been a fundamental change in your country of persecution.

If you travel to a third country (meaning a country other than the United States or the country from which you have been granted asylum) as an asylee, even with a green-card and a travel document, you may be in danger of extradition to the country of persecution. Although Article 33 of the 1951 Refugee Convention establishes the principle of “non-refoulement”, meaning that a country is prohibited from expelling a person who has been granted refugee status to the country where such person fears persecution, countries can claim “exceptional circumstances” to question the person’s refugee status. The non-expulsion provision also does not apply to a refugee who is considered to be a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country. Furthermore, countries who have not signed the 1951 Refugee Convention are not bound by the non-expulsion principle. India, Indonesia, Iraq, Libya, Malaysia, Mongolia, Saudi Arabia, Singapore, Syria, United Arab Emirates, and Uzbekistan are among the countries who are not parties to the 1951 Refugee Convention.

As mentioned above, before you travel to a third country, you must obtain a refugee travel document. Under the UN Convention, all countries who signed the 1951 Refugee Convention, must accept the Travel Document instead of your passport. Travel Document serves as your passport, but it does not waive the visa requirements of the third country which you intend to visit. Some countries, for example – Germany, do not require the US asylee’s to obtain visas. This means that, if you received US asylum and obtained a Travel Document, you can travel to Germany without applying for visa. However, not every country waives its visa requirements for US asylees. As such, it is always recommended to first check the visa requirements of the country which you intend to visit. If visa is required, it will be stamped in your Travel Document just as it would be stamped in your passport. You are not recommended to use your country’s passport during travel. If you use your passport for travel to a foreign state, you will be treated as a citizen of your home country, from which you escaped. Thus, by using your home country passport, you will avail yourself to extradition treaties that may exist between the country of your visit and the country of your persecution. Therefore, if you were granted asylum in the US, you should always present your US Refugee Travel Document when asked for passport and you should always introduce yourself as a US asylee. Travel to some states is never safe. For example, although Russia signed the UN Convention on Status of Refugees, Russian customs and immigration agencies often detain asylees and demand ransom threatening to send them back to the countries of persecution.

Traveling Outside the U.S. as Green-Card Holder after Asylum

If you are a lawful permanent resident (green card holder), who obtained such status based on your approved asylum petition, you may travel abroad, but again, with Refugee Travel Document. Green card gives you a right to return to the US. But green card does not substitute a travel document or passport. Therefore, even if you have a green card based on asylum, you should obtain a travel document before traveling.

Related: Visiting Your Country After Asylum

If you return to the country of claimed persecution, you may be questioned upon your return to the United States about why you had to visit the country of claimed persecution and how you were able to return safely. In some cases, you may become subject to proceedings to terminate your underlying asylum status and thus your permanent residence. If you travel to your country of persecution as a green card holder and then apply for naturalization , you may be questioned during your citizenship interview about why you went to the country of claimed persecution and how you were able to return safely.

As a naturalized U.S. citizen, you may travel freely, including to the country of claimed persecution. However, you should be cautious and assess whether or not you would be in any danger if you visit the country of persecution.

To explore your immigration options, please contact us at +1-703-527-1779 or via e-mail: [email protected] .

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Can A Person Under Pending Asylum Get A Travel Document

Published: November 1, 2023

Modified: December 28, 2023

by Samara Fisk

Plan Your Trip

Introduction

Seeking asylum is a complex and often challenging process for individuals facing persecution, violence, or other forms of harm in their home countries. When someone applies for asylum in the United States, their case is reviewed by immigration authorities to determine whether they meet the criteria for protection.

During this process, an applicant may be granted a pending asylum status, which means their case is still under review and a final decision has not been reached. This period of waiting can last months or even years, leaving individuals in a state of uncertainty and often unable to travel outside the country.

However, there may be situations where individuals with pending asylum can obtain a travel document, allowing them to temporarily leave the United States for various reasons such as family emergencies, humanitarian reasons, or critical events in their home countries.

In this article, we will explore the concept of pending asylum and the possibility of obtaining a travel document. We will discuss the eligibility criteria, the application process, and the travel restrictions and conditions that may apply to individuals with pending asylum status. Understanding these factors is crucial for those who are navigating the complex asylum system in the United States.

Understanding Pending Asylum

When someone applies for asylum in the United States, their case is assigned a pending asylum status while it undergoes review by immigration authorities. During this period, the applicant is allowed to remain in the country while their case is evaluated.

The pending asylum status provides certain protections to individuals, including the ability to work legally in the United States. It also offers temporary relief from the fear of deportation, as the government cannot remove an individual who has a pending asylum case.

However, it is important to note that a pending asylum status does not guarantee approval of the asylum application. The final decision regarding asylum is made by immigration officials based on the merits of the case and whether the applicant meets the criteria for asylum.

While an individual’s case is in the pending asylum status, they may experience significant waiting times before a decision is reached. The length of this waiting period can vary depending on factors such as the complexity of the case, the backlog of asylum applications, and the current immigration policies in place.

During the pending asylum period, individuals are often faced with various challenges and limitations. One of these limitations is the restriction on international travel. Leaving the United States without proper authorization can have serious consequences, including the abandonment of the pending asylum application.

However, there are situations where individuals with pending asylum may be eligible to obtain a travel document, which would allow them to temporarily leave the United States for specific reasons, such as humanitarian purposes or family emergencies. The process of obtaining a travel document is regulated and requires meeting certain criteria and submitting the necessary documentation.

In the next section, we will explore what a travel document is and who may be eligible to apply for one while under pending asylum status.

What is a Travel Document?

A travel document, also known as a refugee travel document or an advance parole document, is an official document that allows individuals with pending asylum status or those granted asylum to travel outside of the United States temporarily. It serves as a substitute for a passport, which may not be available to individuals seeking protection in the United States.

The travel document provides a legal and valid means for individuals to travel internationally while their asylum case is still pending. It is important to note that a travel document does not grant any immigration status or permanent residency in another country. Its purpose is solely to facilitate temporary travel.

The U.S. Citizenship and Immigration Services (USCIS) issues travel documents to individuals who meet the eligibility requirements and have a valid reason for travel, such as urgent humanitarian reasons, educational or work-related purposes, or situations involving family emergencies.

If approved, the travel document typically allows individuals to travel in and out of the United States for a specified period. It is essential to comply with the validity dates and any conditions or restrictions mentioned on the travel document.

It is important to note that not all individuals with pending asylum status are eligible or granted a travel document. The decision to issue a travel document is discretionary and depends on various factors, including the urgency and significance of the travel request, the individual’s compliance with immigration regulations, and the assessment of potential risks.

In the next section, we will discuss the eligibility criteria for obtaining a travel document while under pending asylum status.

Eligibility for a Travel Document

Individuals with pending asylum status in the United States may be eligible to apply for a travel document if they meet certain criteria. The eligibility requirements for obtaining a travel document are as follows:

Valid Asylum Application: The individual must have a pending asylum application with the U.S. Citizenship and Immigration Services (USCIS) or have been granted asylum.
Compelling Reason for Travel: The person must have a valid reason for the travel, such as urgent humanitarian needs, educational or work-related purposes, or family emergencies. The purpose of the travel must be well-documented and supported by evidence.
Good Moral Character: The applicant must demonstrate good moral character and compliance with immigration regulations. This includes having a clean criminal record and not engaging in any activities that may jeopardize their asylum application or immigration status.
Intent to Return: The individual must show that they have a genuine intent to return to the United States after their temporary travel. This is to ensure that the travel document is not being used to evade the asylum process or as a means to permanently relocate.

It is important to thoroughly review and consider the eligibility criteria before applying for a travel document. Meeting these requirements does not guarantee approval, as the decision is ultimately at the discretion of the USCIS. It is advisable to consult with an immigration attorney or a reputable immigration organization for guidance on the application process and to ensure that all necessary documentation is prepared accurately and submitted on time.

In the next section, we will delve into the process of applying for a travel document while under pending asylum status.

Applying for a Travel Document

Applying for a travel document while under pending asylum status involves following a specific process outlined by the U.S. Citizenship and Immigration Services (USCIS). Below are the general steps to apply for a travel document:

Complete Form I-131: The first step is to complete and submit Form I-131, Application for Travel Document, to the USCIS. This form can be downloaded from the USCIS website or obtained from a local USCIS office. Make sure to provide accurate and up-to-date information on the application.
Include Supporting Documentation: Along with the completed form, you will need to provide supporting documentation to prove your eligibility for a travel document. This may include evidence of your pending asylum application, such as the receipt notice or any correspondence from the USCIS. Additionally, you will need to provide documentation of the compelling reason for your travel, such as medical records, employment verification, or proof of a family emergency.
Pay the Required Fee: There is a fee associated with filing Form I-131. The current fee amount can be found on the USCIS website. It is important to pay the fee using the accepted methods of payment, such as a personal check or money order, and include the payment receipt along with your application.
Submit the Application: Once the form is completed, supporting documentation is gathered, and the required fee is paid, you can submit the application package to the USCIS. It is recommended to make a copy of the entire application package for your records.
Attend Biometrics Appointment: After submitting your application, you will receive a notice for a biometrics appointment. During this appointment, your fingerprints, photograph, and signature will be collected for background checks. It is crucial to attend this appointment as scheduled.
Wait for Decision: After the biometrics appointment, the USCIS will review your application and supporting documents. The processing times can vary, but typically, you can expect to receive a decision within a few months. You can check the status of your application through the USCIS website.
Receive Travel Document: If your application is approved, you will receive a travel document, also known as a refugee travel document or an advance parole document. Make sure to review the travel document for any travel restrictions or limitations, as well as the validity dates.

It is important to note that travel document applications can be complex, and any mistakes or omissions may lead to delays or denials. Seeking guidance from an immigration attorney or a reputable immigration organization can help ensure that your application is accurate and complete.

Now that we have covered the application process, let’s move on to the required documentation for a travel document application.

Document Requirements

When applying for a travel document while under pending asylum status, it is essential to gather and submit the required documentation to support your application. Meeting the document requirements is crucial for a successful application. Here are the key documents you will need to include:

Form I-131: The completed and signed Form I-131, Application for Travel Document, is the primary document you need to submit. Make sure to fill out all sections accurately, providing the required information about your pending asylum status and the purpose of your travel.
Proof of Pending Asylum Application: Include a copy of the receipt notice or any other official correspondence from the U.S. Citizenship and Immigration Services (USCIS) that confirms your pending asylum application. This serves as proof that your asylum case is still under review.
Supporting Documents: Gather relevant supporting documents that demonstrate the compelling reason for your travel. For example, if the purpose of your travel is a family emergency, provide documentation such as medical records, a letter from a healthcare professional, or any other evidence that supports your claim.
Valid Passport: If you have a valid passport from your home country, provide a copy of the biographical page. If you do not have a valid passport, include a written explanation for its absence.
Photographs: Include two passport-sized photographs that meet the USCIS specifications. Make sure the photos are recent and accurately represent your current appearance. The specifications can be found on the USCIS website.
Payment Receipt: Include a copy of the payment receipt for the filing fee associated with Form I-131. Make sure to follow the USCIS guidelines for the acceptable methods of payment.
Other Supporting Evidence: Depending on the specific purpose of your travel, you may need to provide additional supporting documentation. For instance, if your travel is work-related, include a job offer letter or an employment verification letter. If your travel is for humanitarian reasons, provide any relevant documentation that confirms the urgency or necessity of your travel.

It is crucial to carefully review the specific requirements for a travel document application on the USCIS website or seek guidance from an immigration attorney. Keep in mind that submitting the necessary documents in a clear and organized manner can significantly contribute to a successful application.

Next, we will discuss the processing times for travel document applications and the travel restrictions and conditions that may apply to individuals with pending asylum status.

Processing Times

The processing times for travel document applications while under pending asylum status can vary. The U.S. Citizenship and Immigration Services (USCIS) makes every effort to process applications efficiently, but the timeframe can depend on various factors, including the volume of applications and the complexity of individual cases.

Typically, it takes several months to receive a decision on a travel document application. It is important to keep in mind that this is an estimate, and processing times can be subject to change.

The USCIS provides an online tool called the “Check Processing Times” tool where you can check the current processing times for Form I-131 applications. By entering the specific USCIS service center and form type, you can get an idea of the average processing time.

It is also worth noting that USCIS processing times can vary based on workload shifts, policy changes, or external factors such as the COVID-19 pandemic. It is crucial to monitor the USCIS website for any updates or changes to processing times.

If your travel plan is urgent and time-sensitive, such as for a medical emergency or a humanitarian crisis in your home country, you may consider requesting expedited processing. Expedited processing is available under certain circumstances, such as severe financial loss, humanitarian reasons, or significant public interest.

To request expedited processing, you need to contact the USCIS directly or indicate your request in your travel document application. It is important to provide supporting evidence and a clear explanation of why your case meets the criteria for expedited processing.

While waiting for a decision on your travel document application, it is essential to maintain your pending asylum status and comply with all immigration regulations. Avoid any actions that may negatively impact your pending asylum case, such as unauthorized travel outside the United States.

Now that we have discussed processing times, let’s move on to the travel restrictions and conditions that may apply to individuals with pending asylum status.

Travel Restrictions and Conditions

Individuals with pending asylum status who are granted a travel document must be aware of certain travel restrictions and conditions that may apply. Understanding and adhering to these restrictions is crucial to avoid any negative consequences or complications with their pending asylum case. Here are some important travel restrictions and conditions to keep in mind:

Validity and Expiration: The travel document will have a specified validity period, during which you are allowed to travel. It is essential to pay attention to the expiration date and plan your travel accordingly. Once the document expires, you will need to apply for a new one if you wish to travel again.
Destination Country: The travel document allows you to travel internationally, but it does not grant you entry into other countries. It is essential to research and comply with the entry requirements of the destination country, including visa requirements or any specific documentation needed for entry.
Re-entry to the United States: A travel document does not guarantee re-entry into the United States. It is important to ensure that you have a valid visa or other appropriate travel authorization, such as an advance parole endorsement, to re-enter the United States after your temporary travel.
Asylum Application Abandonment: Leaving the United States without obtaining a travel document or proper authorization while under pending asylum status may be deemed abandonment of your asylum application. It is vital to obtain a travel document before traveling to avoid potential complications with your asylum case.
Travel Updates and Reporting: If you receive a travel document and your travel plans change or are extended beyond the original dates, it is crucial to inform the U.S. Citizenship and Immigration Services (USCIS) promptly. Failure to report changes or overstaying your authorized travel period can have serious consequences, including jeopardizing your pending asylum status.
Travel Restrictions and Warnings: It is essential to check for any travel warnings or restrictions issued by the U.S. Department of State for your intended destination. The safety and security of the country you plan to visit should be considered to ensure your well-being during your travel.

It is highly recommended to consult with an immigration attorney or a reputable immigration organization for guidance on the travel restrictions and conditions that may apply to your specific situation. They can provide you with the most up-to-date information and help ensure a smooth travel experience while maintaining your pending asylum status.

Now, let’s conclude the article.

Navigating the asylum process in the United States can be a complex and challenging journey for individuals seeking protection from persecution in their home countries. For those with pending asylum status, the ability to travel outside the United States may seem limited or uncertain.

However, it is important to understand that under certain circumstances, individuals with pending asylum may be eligible to obtain a travel document, allowing them to temporarily leave the country for compelling reasons such as humanitarian emergencies or family obligations.

Applying for a travel document involves meeting specific eligibility requirements, submitting the necessary documentation, and following the prescribed application process outlined by the U.S. Citizenship and Immigration Services (USCIS). It is crucial to carefully review the requirements, gather the supporting documents, and submit the application accurately and in a timely manner.

Once approved, individuals with a travel document must adhere to the travel restrictions and conditions imposed by the USCIS. This includes being mindful of the validity period, complying with entry requirements of the destination country, and ensuring proper re-entry authorization to the United States.

Understanding the processing times, travel restrictions, and conditions associated with a travel document is essential to avoid potential complications with your pending asylum case. It is advisable to consult with an immigration attorney or a reputable immigration organization to ensure that you are well-informed and guided throughout the process.

The ability to travel internationally, even temporarily, can provide individuals with pending asylum status an opportunity to address urgent needs or attend to crucial matters in their home countries. Obtaining a travel document can be an important lifeline for those facing difficult circumstances while awaiting a final decision on their asylum case.

By being knowledgeable about the requirements, prepared with the necessary documentation, and compliant with the regulations, individuals with pending asylum status can navigate the process of obtaining a travel document effectively and safely while maintaining their pending asylum status.

Remember, the information provided in this article serves as a general guide and should not substitute professional advice. It is recommended to seek personalized guidance from an immigration attorney or a trusted immigration organization to ensure the best possible outcome for your individual situation.

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IMPORTANT ANNOUNCEMENT: Follow-to-Join Refugee Case Processing Now Centralized

Due to processing changes, follow-to-join refugee cases processed by Department of State embassies and consulates will only be processed at embassies or consulates offering immigrant visa services, or U.S. Citizenship and Immigration Service (USCIS) international field offices. This will mean that cases currently being processed at posts that only adjudicate nonimmigrant visa applications will be transferred and follow-to-join refugee beneficiaries may need to travel to another country in order to be interviewed. If your case is being transferred, you will be notified by the Department of State.

The list of U.S. embassies and consulates below reflect some of the processing locations that will no longer process follow-to-join refugee cases, along with the newly designated embassy, consulate , or USCIS international field office to which the cases will be transferred. For example, a follow-to-join refugee case arising in the consular district of the U.S. Embassy in Bamako, Mali, will now be processed at the U.S. Embassy in Dakar, Senegal.

For a more complete list, you can visit Visa Issuing Posts in order to confirm whether an embassy or consulate nearest to your residence will process your follow-to-join refugee case. If the location provides “All” visa services, then your follow-to-join refugee case can be processed there, unless there is a USCIS international field office in that country. Locations marked only as “NIV” will no longer process follow-to-join refugee cases. Embassies or consulates that only offer nonimmigrant visa (NIV) services will note the designated processing post for immigrant visas (and follow-to-join refugees) on their websites https://www.usembassy.gov/ .

Please note that the change only impacts follow-to-join refugees. Follow-to-join asylees can still be processed at locations offering just NIV services.

What if I was already interviewed?

If you have not been issued a boarding foil, then your case file will be transferred to the regional processing location noted above or on the Visa Issuing Posts page.

How will I know if my case has been transferred?

The Department of State will notify you if your case is transferred to another location.

What if I choose to have my case transferred to another location, since I am unable to travel to this NEW designated location?

Follow-to-join refugee beneficiaries may request to process their cases at another immigrant visa processing U.S. embassy or consulate that is different than the one designated. If you would like to have your case transferred to a different embassy, consulate, or USCIS international field office, then you must provide justification for the case transfer and show that you can legally be present in the country while your case is being processed. You will first need to submit a request directly with the National Visa Center (NVC) through the Ask NVC online submission form. You should select the “How can I request to have my interview scheduled at a different U.S. Embassy overseas?” in the question dropdown list. In the box entitled “Additional comments or questions not in the above list”, you should include a justification for requesting the different location and note that it is in regards to “follow-to-join refugee centralization.”

Can I use my still valid medical exam at a new processing location?

Yes, the results of a still valid medical exam completed in another location can be transferred to another embassy, consulate, or USCIS international field office.

Spouse and Unmarried Minor Children Abroad Following to Join a Refugee or Asylee in the United States

Welcome to the webpage dedicated to follow-to-join refugee and asylee processing. You have come to this webpage if you have a USCIS approved I-730 petition, and you received an email or letter from the National Visa Center (NVC) telling you that your petition was sent overseas for processing. Find the subject in the list below and click to visit that section of the page.

Overview – Follow-to-Join Refugees and Asylees

Follow-to-Join Overseas Processing Steps

Overseas Interview Appointment Scheduling

Documentation needed for the overseas interview, medical examination and vaccination requirements, how long will it take to process a case overseas.

Ineligibilities - What if a Beneficiary is Ineligible?

Case Inquiries

Using a Form I-730, Refugee/Asylee Relative Petition, a person who has been granted asylum or refugee status in the United States (the petitioner) may petition to have his or her spouse and/or unmarried children, who are called beneficiaries, join him or her in the United States. Overseas, the beneficiaries of Forms I-730 filed by asylees in the United States are known as follow-to-join asylees . Beneficiaries of Forms I-730 filed by refugees are known as follow-to-join refugees .

Follow-to-Join Overseas Processing

1. Petition Filing: An individual (petitioner) who was granted asylum in the United States as a principal asylee or who was resettled to the United States as a principal refugee can file an I-730, Refugee/Asylee Relative Petition, within the first two years of arrival, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), on behalf of his or her spouse and unmarried child(ren) (beneficiary). Further details on petition filing are available on the USCIS website under Form I-730, Refugee/Asylee Relative Petition .

2. National Visa Center (NVC) Pre-Processing Case Assignment: If the beneficiary of an approved petition is located overseas, USCIS sends the approved Form I-730 petition to the National Visa Center (NVC) . NVC then forwards the case file to the overseas location where the beneficiary will interview. NVC sends the petitioner a letter or email telling him/her which office will interview the beneficiary, how to get in touch with that office, and what steps to take next.

3. Beneficiary Interview: The beneficiary will be interviewed by either a Department of State consular officer or USCIS officer at a U.S. Embassy or Consulate overseas. This interview will confirm the beneficiary’s identity, claimed relationship to the petitioner, and eligibility to travel to the United States. During the interview process, the beneficiary must provide ink-free, digital fingerprint scans. The beneficiary interview requires careful preparation, including having all required original documents available for the interview. Some beneficiaries also must complete a medical examination prior to interview. See the “Documentation Needed for the Overseas Interview” section below for details on what to bring to the interview.

4. Approval to Travel as a Follow-to-Join Refugee or Follow-to-Join Asylee: The interviewing officer will tell the beneficiary if he or she has been found eligible to travel to the United States.

5. After Interview Processing: Some cases require further administrative processing , which takes additional time after the beneficiary’s interview. Follow-to-join refugee beneficiaries, for example, undergo post-approval processing to arrange for sponsorship by a voluntary resettlement agency in the United States upon arrival. (NOTE: All follow-to-join refugee beneficiaries are required to have a sponsorship assurance from a resettlement agency before travel to the United States in order to receive refugee benefits.)

6. Issuance of Boarding Foil and Travel Packet: An officer will place a boarding foil in the approved beneficiary’s passport or other travel document. The beneficiary also will receive a sealed envelope – called a "travel packet" – containing the documents for review by a DHS immigration official when the beneficiary enters the United States.

7. Travel Arrangements : The beneficiary must enter the United States before the expiration date printed on the boarding foil. The officer who conducted the interview will advise the beneficiary about travel arrangements to the United States. Typically, follow-to-join asylee beneficiaries are instructed to make their own travel arrangements. Travel arrangements for follow-to-join refugee beneficiaries, on the other hand, are required to be arranged and managed by the International Organization for Migration (IOM). Follow-to-join refugee beneficiaries who arrive in the United States without IOM coordination will not receive the reception and placement benefits to which they are entitled.

8. Entering the United States : The boarding foil issued to the beneficiary allows him or her to travel to the U.S. port of entry to request permission to enter the United States. However, the boarding foil does not guarantee entry into the United States. The DHS Customs and Border Protection (CBP) officials at the U.S. port-of-entry have the authority to permit or deny admission to the United States. Upon arrival at the port-of-entry, the beneficiary must give the CBP officer his or her passport (or other travel document) with boarding foil and the unopened/sealed travel packet envelope. Beneficiaries should review important information about admission and entry requirements on the CBP website under Travel .

All follow-to-join refugee and asylee beneficiaries must be interviewed by a USCIS officer or Department of State consular officer at a U.S. Embassy. When a case is ready for interview, the embassy will send the applicant or petitioner a letter with instructions explaining how to schedule an interview appointment.

Failure by a beneficiary to schedule an interview appointment will result in processing delays. It is critical that the overseas office conducting the beneficiary interview has the current contact information – including physical and mailing addresses, telephone numbers, and email addresses – for the petitioner, beneficiary, and if applicable, the representative of record on the case.

For interviews conducted by the Consular Section: Please follow the instructions the U.S. Embassy sends you and the guidance in the below section titled “Documentation Needed for the Overseas Interview.” You can also visit Interview Preparation – Interview Guidelines for general information on how to prepare for an interview at a U.S. Embassy or Consulate. Important: Not all of the documents required for immigrant visa applicants are necessary for beneficiaries of I-730 petitions. The information on this link should be used as a general outline of what an interview is like.

For interviews conducted by an overseas USCIS office: After the interview is scheduled, the USCIS office will send the beneficiary a confirmation notice, which will outline the requirements that the beneficiary must fulfill before his or her interview.

1. The original and a photocopy of the following civil documents for each beneficiary, as applicable. These documents confirm the beneficiary’s identity and relationship to the petitioner in the United States:

a. Birth certificate;

b. Marriage certificate;

c. Certified adoption decree;

d. Divorce certificate (if needed to prove the legal termination of previous marriages);

e. Death certificate (if needed to prove the legal termination of previous marriages); and

f. Documentation of any legal name change.

g. Six photographs of the beneficiary (see the photograph requirements); and

h. A photocopy of the biographical data page of the beneficiary’s passport, if available.

Note: Documents written in a language other than English must be accompanied by a certified English translation. When the beneficiary is interviewed overseas, the interviewing officer may ask for additional information, such as photographs and other proof that the relationship with the U.S. petitioner is genuine.

2. One or more travel document(s) , such as a passport, with a validity date at least six months beyond the beneficiary’s intended date of entry into the United States and/or picture identity card (for example, a refugee travel document).

3. Other evidence of relationship between the beneficiary and petitioner, such as photographs, available school records, family correspondence, phone bills, documentation demonstrating financial support, and other proof that the relationship is genuine.

4. Completed Medical Examination Report , which will be provided by an embassy-approved panel physician after the beneficiary has successfully completed a medical examination and vaccinations (see below).

Important Notice : Follow-to-join asylee beneficiaries must complete their medical exam before their interviews with a USCIS officer or Department of State consular officer, and they are responsible for paying the cost of the medical examination. Follow-to-join refugee beneficiaries typically are instructed to complete their medical exams after their interviews, and the U.S. Government pays all costs associated with the medical examination.

Before the issuance of a follow-to-join refugee or asylee boarding foil, every beneficiary, regardless of age, must undergo a medical examination, which must be performed by an authorized panel physician. See Medical Examination for more information. You can find a list of approved panel physicians by country on our Interview Preparation – Interview Guidelines web page.

Follow-to-join refugee and asylee beneficiaries are encouraged to get certain vaccinations. Although vaccinations are not required prior to travel to the United States, they will be required when adjusting status to that of lawful permanent resident. Beneficiaries are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of vaccinations.

Once a case has been transferred by NVC to the appropriate USCIS office or U.S. Embassy Consular Section, the length of time needed to complete the case varies according to its circumstances, and cannot be predicted with any accuracy. (It is important to provide correct postal addresses, telephone numbers, and email addresses for both the petitioner and the beneficiary to the U.S. Embassy or USCIS office processing the case. See Case Inquiries below). Some cases require further administrative processing , which takes additional time after the beneficiary’s interview.

Please visit My Case Status on the USCIS website to obtain a status on an I-730, Refugee/Asylee Relative Petition. If the case has been transferred overseas by NVC, the petitioner or beneficiary may contact the USCIS office or U.S. embassy processing the case for information.

Ineligibilities

Certain conditions and activities may make the beneficiary ineligible for admission to the United States. If a beneficiary is ineligible, he or she will be informed by the USCIS officer or Department of State consular officer at the time of interview, and advised whether there is a waiver of ineligibility and what the waiver process is. Ineligible cases are returned to the USCIS Service Centers that initially approved them for further action.

There is no cost to file a Form I-730, Refugee/Asylee Relative Petition. There is no cost to schedule a Form I-730 beneficiary interview.

If petitioners, beneficiaries, or representatives have a question concerning a follow-to-join refugee or asylee case in progress at a USCIS office or U.S. Embassy, first contact the appropriate USCIS office or U.S. Embassy for status information. Case status information also is available on the USCIS website under My Case Status .

Before making an inquiry, petitioners and representatives should carefully review this website for answers to questions. Because of the volume of inquiries received, USCIS and the Department of State cannot promise an immediate reply to an inquiry.

Department of State contact information is available at Contact Us . USCIS contact information is available at Contact Us .

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Bird's-eye view of MEPs attending a plenary session at the European parliament

EU passes asylum and migration pact after eight years of deadlock

European parliament president says ‘history made’ with vote to pass changes, which have been criticised by NGOs

Analysis: Pact survived objections from far right and far left

Sweeping changes to the EU’s migration laws have been passed in a knife-edge series of votes in the European parliament, with supporters of the new laws calling the move historic but NGOs saying they are a step back for human rights.

The vote on Wednesday, which is now expected to be rubber-stamped by the member states, ends eight years of deadlock over repeated efforts to tighten up border management and asylum processes in the 27-member bloc.

Champions of the laws, who had been campaigning to get the legislation passed in the face of a rise in popularity of the far right before the European parliament elections in June, seized on the move as a great victory.

They said it would fast-track asylum procedures at the EU’s border, impose tough new screening systems and return people who do not qualify for international protection to their countries.

Roberta Metsola, the European parliament president, wrote on X: “History made. We have delivered a robust legislative framework on how to deal with migration and asylum in the EU. It has been more than 10 years in the making. But we kept our word. A balance between solidarity and responsibility. This is the European way.”

However, tensions in the huge auditorium as the voting started betrayed the deeply divisive nature of the laws. Proceedings were interrupted by protesters dressed in white T-shirts in the public gallery, who shouted at MEPs: “This pact kills! Vote ‘no’!” while throwing paper planes carrying the coordinates of shipwrecks and refugees who have died at EU external borders.

The home affairs commissioner, Ylva Johansson, who shepherded the legislation through, was defiant. “I feel proud ... considering when I took office four and a half years ago, few thought we would make it,” she said.

Civil society groups, however, hit out at what Eve Geddie, Amnesty International’s head of the European institutions office and director of advocacy, called a “failure to show global leadership”.

“After years of negotiations, EU institutions are now shamefully co-signing an agreement that they know will lead to greater human suffering,” she said.

“For people escaping conflict, persecution or economic insecurity these reforms will mean less protection and a greater risk of facing human rights violations across Europe – including illegal and violent pushbacks, arbitrary detention and discriminatory policing.

Oxfam had earlier denounced the pact as a recipe for “deterrents, detention and deportation” rather than protection of human rights.

MEPs on the left and the Greens, who voted against eight of the 10 pieces of proposed legislation on the table, also criticised the bill for failing to prioritise guarantees for human rights.

Rightwing politicians had their own reasons for opposing the reforms, arguing that the new laws did not go far enough and would cause a spike in migration.

Among those that voted against parts of the asylum and migration pact were the French and Spanish far-right parties Rassemblement National and Vox, as well as the Polish nationalist populists Law & Justice, and Viktor Orbán’s Fidesz.

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They had earlier denounced the 10-part pact as a licence for people-smugglers and a blow to member states’ sovereignty.

The Belgian prime minister, Alexander De Croo, said parties who had tried to block the pact were voting for the status quo and leaving countries such as Italy, which has various far-right parties, to deal with the people smuggling crisis on its shores alone.

The new laws must now be approved by European leaders, with opposition guaranteed from Poland’s new prime minister, Donald Tusk, who has said he will not agree to new rules allowing for relocation of migrants from countries under pressure.

“We will find ways so that even if the migration pact comes into force in roughly unchanged form, we will protect Poland against the relocation mechanism,” he said, underlining his country’s argument that is already accommodating around 1m Ukrainian refugees.

Sources who worked on the legislation said every member state could opt out of the relocation of migrants with measures allowing them instead to contribute “in kind with equipment or experts such as lawyers”.

In one of the most controversial measures they will also be allowed to pay €20,000 (£17,000) a head into a fund for those people they do not accept under the solidarity measure.

European Union

More on this story

EU asylum and migration pact has passed despite far right and left’s objections

‘History made’ as EU parliament passes major migration and asylum reforms – as it happened

Cyprus calls for EU help to manage record Syrian migration from Lebanon

Libya coastguard accused of hampering attempt to save more than 170 people

European Commission accused of ‘bankrolling dictators’ by MEPs after Tunisia deal

Watchdog urges EU rescue rules change after migrant boat disaster off Greece

Calais people-smuggling gang broken up with 19 arrests, says Europol

Number of people arriving by boat in Canaries from west Africa jumps 1,000%

Green Card for Asylees

Alert: USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for a Green Card

On Feb. 2, 2023, we updated guidance in the USCIS Policy Manual to clarify that asylees must be physically present in the United States for 1 year when we adjudicate their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than when they file Form I-485 to get a Green Card. This guidance applies to all Forms I-485 and Forms N-400, Application for Naturalization, pending on Feb. 2, 2023, and to those filed on or after that date.

If you are an asylee, this clarification does not change the statutory requirement that you must have at least 1 year of physical presence in the United States in asylee status before you adjust your status to lawful permanent resident (get a Green Card), or that you start accruing physical presence on the date you are granted asylum. You may file Form I-485 to apply for a Green Card before you have been physically present in the United States for 1 year. However, if you file Form I-485 less than 1 year after you are granted asylum, and we cannot determine whether you have been physically present in the United States for 1 year, we may request additional evidence, and it might take longer to adjudicate your application. This means we may be able to process your application more quickly if you wait to file Form I-485 until 1 year after you are granted asylum.

In the past, USCIS guidance has differed on whether refugees and asylees must satisfy the 1-year physical presence requirement when they file Form I-485 or when we adjudicate it. The updated guidance clarifies that both asylees and refugees must have been physically present in the United States for 1 year when we adjudicate your application, rather than when you file it. For more information on the physical presence requirement for asylees, see Volume 7, Part M, Chapter 2, Section A , of the USCIS Policy Manual.

This page provides specific information for asylees in the United States who want to become LPRs (get a Green Card). This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status (PDF, 686.14 KB) before you apply.

In order to be eligible for a Green Card as an asylee, you must meet the following requirements:

You properly file Form I-485, Application to Register Permanent Residence or Adjust Status ;
You are physically present in the United States when you file your Form I-485;
You have been granted asylum status by USCIS or former INS, an immigration judge with the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals with EOIR, or a federal court;
You have been physically present in the United States for at least 1 year after you were granted asylum;
You continue to meet the definition of a refugee (for example, a principal asylee), or to be the spouse or child of a refugee (for example, a derivative asylee);
You have not firmly resettled in any foreign country;
Your grant of asylum has not been terminated;
You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
You merit the favorable exercise of discretion .

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.

While in general, USCIS can only approve your Green Card application if none of the applicable grounds of inadmissibility apply to you, certain grounds of inadmissibility do not apply to asylum adjustments. See USCIS Policy Manual, Volume 7, Part M, Asylee Adjustment .

In addition, some grounds of inadmissibility may be waived for asylees applying for adjustment of status. See Form I-602, Application by Refugee for Waiver of Grounds of Excludability . If a waiver or other form of relief is granted, we may approve your application for a Green Card if you are otherwise eligible.

Whether a waiver or other form of relief is available depends on the specific inadmissibility grounds that apply to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For more information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 7, Part M, Chapter 3 .

If you are an asylee and you are physically present in the United States, you may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status .

A noncitizen who was granted asylum status based on a determination that they are a refugee under INA 101(a)(42) is called a principal asylee. If you are a principal asylee, you should submit the following documentation and evidence to apply for a Green Card:

Form I-485, Application to Register Permanent Residence or Adjust Status with the required fee or with Form I-912, Request for Fee Waiver ;
Proof of your grant of asylum (such as a copy of the letter, decision of an immigration judge, or Form I-94, Arrival/Departure Record that shows the date you were granted asylum);
Evidence of 1 year of physical presence in the United States after the grant of asylum status. (If you file Form I-485 less than 1 year after you are granted asylum, we may need to send you a request for evidence, and it may take longer for us to adjudicate your application);
2 passport-style photographs;
Copy of your government-issued identity document with photograph;
Copy of your birth certificate (if available);
Copy of your passport page with nonimmigrant visa (if available);
Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if available);
Form I-693, Report of Medical Examination and Vaccination Record (You may submit this form together with Form I-485 or later. For example, if you do not submit Form I-693 with your Form I-485, you may submit it when USCIS requests it, or in person if you have an interview.);
Certified police and court records of criminal charges, arrests, or convictions (if applicable); and
Form I-602, Application by Refugee for Waiver of Grounds of Excludability (if applicable).

For more information on applying for adjustment of status, see the Instructions for Form I-485 . Please also see our page on Tips for Filing Forms with USCIS .

If you were granted derivative asylum status based on your spouse’s or parent’s principal asylum grant, you may apply for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part M, Chapter 2, Section C .

Eligibility Criteria for Adjustment of Status as Derivative Asylees

In order to be eligible for asylum-based adjustment as a derivative asylee, you must meet the following requirements:

You properly filed your Form I-485:
You are currently the principal asylee’s spouse or child and the principal asylee still meets the definition of a refugee;
As an accompanying derivative of the principal asylee because you were included on the principal asylee’s Form I-589, Application for Asylum and for Withholding of Removal ; or
As a following-to-join beneficiary of an approved Form I-730, Refugee/Asylee Relative Petition , filed by the principal asylee;
You have been physically present in the United States for at least 1 year since you were granted asylum status as a derivative. (If you file Form I-485 less than 1 year after you are granted asylum, we may need to send you a request for evidence, and it may take longer for us to adjudicate your application);
You merit the favorable exercise of discretion.

What to Submit (Derivative Asylees)

If you are applying to adjust status as a derivative asylee , you should submit the following documentation and evidence:

Form I-485, Application to Register Permanent Residence or Adjust Status , with the correct fee or with Form I-912, Request for Fee Waiver ;
Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree;
Evidence of your asylum status (such as a copy of the letter, decision of an immigration judge, Form I-94, Arrival/Departure Record, or approved Form I-730 Petition filed on your behalf that shows the date you were granted asylum as a derivative);
Evidence of 1 year of physical presence in the United States after being granted asylum status;
Copy of your passport page with your nonimmigrant visa (if available);

For more information, see the following:

INA 208 – Asylum
INA 209(b) – Adjustment of Status of Refugees
INA 212 – Excludable Aliens
8 CFR 209.2 – Adjustment of status of alien granted asylum
USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures
USCIS Policy Manual, Volume 7, Part L, Asylee Adjustment

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Asylum Travel
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Travel Document Application
Refugee Travel Document Explained
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Who Can Apply For Asylum In The United States?| KAASS LAW

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PDF How do I get a refugee travel document?
travel document? A person with refugee or asylum status. who wishes to travel . outside the United States needs a Refugee Travel Document in order to return to the United States. In most cases, a refugee or asylee may use the Refugee Travel Document for travel in place of a passport. The Refugee Travel . Document is similar in appearance to a U ...
Refugee Travel Document Explained
A Refugee Travel Document is a travel document (very similar to a passport) issued to a refugee or asylee that allows him or her to travel abroad and return to the United States. U.S. Citizenship and Immigration Services (USCIS) issues Refugee Travel Documents to persons with refugee or asylum status (and in some cases to lawful permanent ...
PDF Fact Sheet
Fact Sheet. U.S. Department of Homeland Security. Fact Sheet December 27, 2006. Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status. Asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status ...
Applying for a Refugee Travel Document
In order to apply for a refugee travel document, you must file Form I-131, Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS). Go to the Form I-131 page of www.uscis.gov to download the most recent Form I-131 for free. In addition to filling out the Form I-131, you must submit the following with your application:
How to apply for a travel document in the USA
The process to apply for a travel document is generally the same for all 5 types of travel documents. You can apply for a travel document with USCIS by filing Form I-131, Application for Travel Document. You can specify the type of travel document you request in Part 2 of the form. Read the instructions for Form I-131 for more information on ...
Follow-to-Join Refugees and Asylees
Follow-to-Join Overseas Processing Steps. 1. Petition Filing: An individual (petitioner) who was granted asylum in the United States as a principal asylee or who was resettled to the United States as a principal refugee can file an I-730, Refugee/Asylee Relative Petition, within the first two years of arrival, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration ...
All You Need To Know About Form I-589: Application for Asylum and for
You should attach two passport photos to your application on page 9. Write your full name and A-number in pencil on the back of the images. If you don't have an A-number, write "A# None.". If you are including family members in your asylum application, you should follow these steps for them too.
Advance Parole, Reentry Permit, and Refugee Travel Documentation for
Travel documents are also given to people who want to travel, but cannot get a passport from their country of nationality. See Advance Parole, Reentry Permit, and Refugee Travel for more information. ... 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 ...
I have refugee or approved asylum status and I want to travel outside
Many people in the U.S. with refugee or asylum status do not have a passport from their country. A refugee travel document is like a passport. It is a document for international travel. Note that if you travel to your home country, your refugee or asylum status may be terminated. People get refugee status or asylum status because they would be ...
EVERYTHING you need to know about refugee travel documents [2024]
The U.S. offers a refugee travel document for refugees and asylees needing to travel abroad. Serves as a substitute for a passport, allowing entry to over 145 countries. Apply by submitting Form I-131 along with supporting documents, but it's crucial to apply in advance due to processing times of up to six months.
Travel
If you must travel to another country while your asylum application is pending, you must apply for Advance Parole before you leave the United States. You can do so by completing Form I-131, Application for Travel Document. If your request is granted, you will be allowed to re-enter the United States prior to approval of your asylum application.
PDF Services Available for Asylee and Refugee
Chapter 1 Filing for Asylum. OVERVIEW. Refugee status is not the only special program option available to foreign nationals who seek protection in the United States. Foreign nationals may file for asylum if they are already in the U.S. and wish to seek protection here and remain in the United States on a permanent basis.
Moving and Traveling
Yes! The documents you need to travel depend on your current immigration status. If you have won asylum but are not yet a U.S. permanent resident, you should apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting Form I-131 to USCIS.
Traveling With Your Passport When You Have Asylum
Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document, and it is best to use the RTD instead of your home country passport. Unfortunately, the RTD is valid for only one year, takes 10 or 11 months to renew, and is not accepted by many countries. For these reasons, asylees (and people ...
How to seek asylum in the U.S.
To be eligible for asylum, you must be: Inside the United States. Able to demonstrate that you were persecuted or have a fear of persecution in your home country due to your: Race. Religion. Nationality. Social group. Political opinion. In most cases, a decision will be made on your asylum application within 180 days after you file.
Seeking Protection: How the U.S. Asylum Process Works
The asylum process is complex and involves multiple federal agencies, the most prominent being DHS, the Department of State, and the Department of Health and Human Services (HHS). Asylum seekers ...
Asylum Travel
However, you should be cautious and assess whether or not you would be in any danger if you visit the country of persecution. To explore your immigration options, please contact us at +1-703-527-1779 or via e-mail: [email protected].
Asylum
To apply for asylum affirmatively or defensively, file a Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival to the United States. Visit our Obtaining Asylum in the United States page for more information on affirmative and defensive filings. There is no fee to apply for asylum.
Can A Person Under Pending Asylum Get A Travel Document
A travel document, also known as a refugee travel document or an advance parole document, is an official document that allows individuals with pending asylum status or those granted asylum to travel outside of the United States temporarily. It serves as a substitute for a passport, which may not be available to individuals seeking protection in ...
Follow-to-Join Refugees and Asylees
(NOTE: All follow-to-join refugee beneficiaries are required to have a sponsorship assurance from a resettlement agency before travel to the United States in order to receive refugee benefits.) 6. Issuance of Boarding Foil and Travel Packet: An officer will place a boarding foil in the approved beneficiary's passport or other travel document ...
Obtaining Asylum in the United States
Individuals are encouraged to use lawful, safe, and orderly pathways to come to the United States. ALERT: Interpreters at Affirmative Asylum Interviews. There are 3 ways of obtaining asylum in the United States: The affirmative process; An Asylum Merits Interview after a positive credible fear determination; or. The defensive process.
The Explosion of Asylum Claims Driving the Global Migrant Crisis
The people waiting there are migrants from around the world, most of whom snuck through a gap where an 18-foot steel wall meets a rocky hill outside this desert town about an hour east of San ...
EU passes asylum and migration pact after eight years of deadlock
EU asylum and migration pact has passed despite far right and left's objections 6h ago 'History made' as EU parliament passes major migration and asylum reforms - as it happened
Green Card for Asylees
Evidence of 1 year of physical presence in the United States after the grant of asylum status. (If you file Form I-485 less than 1 year after you are granted asylum, we may need to send you a request for evidence, and it may take longer for us to adjudicate your application); 2 passport-style photographs;