Why you might need to apply for an I-131 travel document

Anyone who presents themselves at the U.S. border and intends to enter the country must provide border officials with certain documentation evidencing their authority to enter the U.S. In the case of U.S. Citizens, this means that the person must simply present a U.S. passport or other acceptable evidence of U.S. Citizenship. The documentation requirements can be more complicated and can create problems for unwary lawful permanent residents or non-immigrants.

Inadmissibility Issues for Lawful Permanent Residents

A lawful permanent resident (LPR) generally does not need a reentry permit or travel document to reenter the U.S. after travel abroad. In most cases, the LPR must simply present his or her LPR card (commonly referred to as the "green card" but officially known as he I-551.) However, unlike U.S. Citizens, LPRs are subject to inspection to ensure that no grounds of inadmissibility apply. Essentially, this means that each time an LPR presents himself at the U.S. border he is applying for entry anew. If the immigration official finds that one of the several grounds of inadmissibility apply to the LPR he may be denied entry to the U.S. The most common ground for inadmissibility is for criminal convictions. If an LPR is convicted of certain criminal offenses and then leaves the U.S., he may be found to be inadmissible as a result of the conviction even though no affirmative action was taken against him while he was in the U.S. The act of entry will create an event that may cause the border officials to investigate the LPRs criminal background. If you are an LPR and have been convicted of a criminal offense (especially a felony offense) it is critical that you seek the counsel of a qualified immigration lawyer before you depart the U.S. In certain cases, it may be advisable to apply for Advanced Permission to Return to an Unrelinquished Domicile.

Abandonment of Residency

Unlike U.S. Citizens, LPRs can "abandon" their lawful U.S. residency. This can happen if an approved LPR never establishes residency in the U.S. or if because of a pro-longed absence from the U.S. The latter is the most common.

An LPR may be found to have abandoned his or her residency if such residency ws never established. This often happens when someone obtains lawful permanent residency either in the U.S. or abroad but never moves to the U.S. or otherwise established a permanent residence in the U.S. I have encountered this situation a few times in my career. In the most recent case, the client obtained LPR status abroad and planned to eventually move permanently to the U.S. He used his LPR card to enter the U.S. for short visits (all less than 6 months) over a period of about 5 years but he never actually established residency in the U.S. He still had a permanent residency abroad, his job was abroad and his family lived abroad. On his final journey to the U.S. he was interrogated by immigration officials who determined that he had abandoned his LPR status because he had never established permanent residency in the U.S. Thus, it is important to establish permanent residency in the U.S. if you obtain LPR status or you may loose it.

A more common situation in which LPR status is found to be abandoned results when an LPR leaves the U.S. for an extended period of time. If an LPR leaves the U.S. and remains abroad for an extended period of time (more than 1 year) he may be found to have "abandoned" his residency. If you are an LPR and are planning a trip abroad for a period of more than 6 months it is important that you apply for a reentry permit.

Non-immigrants with Pending Adjustment of Status Petitions

In some situations, a person may enter the U.S. as a non-immigrant and then apply to adjust his or her status to that of an LPR while in the U.S. The most common example of this arises in the K1 fiance visa process or when a person in another non-immigrant visa class marries a U.S. Citizen and thereafter applies to adjust status. A person who enters the U.S. as a non-immigrant and thereafter applies to adjust his or her status to that of a LPR may not leave the U.S. and reenter using the same non-immigrant visa. This is because the person will be attempting to enter the U.S. with immigrant intent--not as a non-immigrant. As a result, a person who applies for adjustment of status and plans to depart the U.S. while the petition is pending must apply for a travel document which will allow him or her to reenter the U.S. Failure to do so could result in being denied admission to the U.S. upon return and abandonment of the adjustment of status petition.

To apply for a travel document you must complete and file Form I-131. These applications are typically processed in about 90 days. It is advisable to file this application with your adjustment of status petition.