uscis travel document processing time 2023

Form I-131: The Advance Parole Travel Document Explained

If you have or are applying for a green card, DACA status, or certain humanitarian visas, and you want to travel outside the United States, you need to get a travel document from the U.S. government. You apply for this document by filing Form I-131: Application for Travel Document with USCIS. This allows you to get what’s called an Advance Parole document. Below is a guide on how to apply for Advance Parole step-by-step as well as tips for to plan for your temporary travel.

Written by Jonathan Petts .  Updated September 24, 2023

What Is Advance Parole?

An Advance Parole document allows current green card applicants to leave the United States for temporary travel and return without disrupting their green card (permanent resident card) application process. There are a few situations you can be in while applying for Advance Parole, such as: having a pending application for Temporary Protected Status (TPS) or being a DACA recipient. In this article, we are focusing on individuals applying for Advance Parole with a pending green card application . 

To apply for Advance Parole, you must file Form I-131: Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS). Green card applicants looking to travel abroad for any reason must obtain Advance Parole before leaving the United States. If you leave the U.S. without the proper travel documents, USCIS will close your green card application.  

Why Do I Need Advance Parole?

You need Advance Parole if you have a pending green card (permanent resident card) application and want to take a trip outside the United States. If you leave the United States without Advance Parole and USCIS hasn’t approved your green card application, the agency will close your green card application case. 

If USCIS closes your green card application, you have to start the process over again, which is expensive and time-consuming. To avoid this, you need to complete Form I-131: Application for Travel Document and apply for Advance Parole before leaving the U.S.

You do not need to apply for Advance Parole if you are waiting for USCIS to process your Form I-485 and you are: 

A temporary worker under a valid H-1 visa (or their spouse or child)

An intra-company transferee under a valid L-1 visa (or their spouse or child)

The spouse or child of a U.S. citizen

The spouse or child of a lawful permanent resident

Who Is Eligible for Advance Parole?

U.S. Citizenship and Immigration Services (USCIS) determines eligibility on a case-by-case basis. You’re eligible to apply for Advance Parole if you fall within one of these categories:

You submitted an adjustment of status green card application using Form I-485

You applied for Temporary Protected Status (TPS)* 

You submitted an asylum application or you are an asylee

You currently have a pending application for temporary resident status under Section 245(A) of the Immigration and Nationality Act (INA)

USCIS granted you TPS, T nonimmigrant, or U nonimmigrant status 

USCIS or Customs and Border Protection (CBP) granted you humanitarian parole under Section 212 (d)(5) of the Immigration and Nationality Act (INA)

You received benefits through the Family Unity Program

You’re a DACA recipient

*On July 1, 2022 USCIS began issuing a new travel authorization document for people who receive TPS. This new form is called: Form I-512T, Authorization for Travel by a Noncitizen to the United States.

Who Is Not Eligible for Advance Parole?

You aren’t eligible for Advance Parole if one or more of the following applies to you:

You are residing in the United States without valid immigration status after entering unlawfully many times

You have a valid reentry permit or refugee document 

You are on a J visa or a visa with a foreign residence requirement

You are a beneficiary of a private immigration bill approved by Congress

You are currently in the middle of a removal proceeding (deportation)

You are an asylee or a refugee, but you’re not adjusting your status to a green card 

If you’ve been in the United States unlawfully, you may file for Advance Parole. However, even if granted, you still may be barred from reentry by the Department of Homeland Security (DHS). 

If you’ve lived in the United States without status for any period of time, you should always consult an immigration lawyer before traveling abroad. If you can't afford a lawyer, you can contact a legal aid office for help.

How Do I Apply for Advance Parole? A Step-by-Step Guide

First, you will need to complete the official application form, called Form I-131: Application for Travel Document. When you have completed the form, you will have to gather the government filing fees and supporting documentation, and then finally submit them together with Form I-131 to U.S. Citizenship and Immigration Services (USCIS).

Step 1: Complete Form I-131

Form I-131 is officially called the Application for Travel Document. This document is used for anyone applying for a Reentry Permit, a Refugee Travel Document, and Advance Parole. You cannot submit your travel permit request to the U.S. government without completing and signing this form. 

You can complete the form in two ways — either online by creating a MyUSCIS account or on paper by downloading, printing, and completing the most recent version of Form I-131 from the USCIS website. You will need your Alien Registration Number (A Number) to complete your application.

Step 2: Gather Fees & Supporting Documents for Form I-131

When you have completed Form I-131, it is time to gather the $575 filing fee and the required supporting documents. You must include these supporting documents with the Form I-131 application:

Your receipt notice from USCIS after filing Form I-485, if your green card is pending

Two passport-style photographs 

USCIS-issued document showing the validity of your current immigration status — this could be an approval/receipt notice ( Form I-797 )

A photocopy of a government-issued identification document (ID), which must include your name, date of birth, and a photo — examples of acceptable forms of ID include a passport, drivers license, and employment authorization document (EAD)

Marriage certificate (if applying for Advance Parole based on your spouse’s pending green card application)

Child’s birth certificate (if applying for Advance Parole for a child based on a pending child green card application)

Detailed evidence explaining your reasons for traveling — you can explain your reasons with a Declaration of Support Letter

If any of your supporting documents aren’t in English, USCIS requires the documents be accompanied by a certified English translation .

It’s also a good idea to include a cover letter for your application. This short letter explains what supporting documents are in your application and helps keep things organized.

Step 3: Submit Your Application

You can submit your completed Form I-131: Application for Travel Document and supporting documents to USCIS either online or by mail. To submit online, you must first create a MyUSCIS account . Then you can submit your petition through your account on the USCIS website.

If you choose to submit your USCIS forms by mail, you will have to send your application packet to a specific USCIS filing address. The address depends on where you live and what mail service you use to send your forms. For Advance Parole applicants who have a pending Form I-485 (green card) application, you’ll send your documents either to the USCIS lockbox in Chicago, Dallas, or Phoenix. The USCIS website lists these addresses .

If You’re Filing Form I-131 Overseas

If you’re filing Form I-131 overseas, you must first get permission from your local U.S. embassy or consulate. You’ll have to set up an appointment with your local U.S. embassy to make your request in person. The State Department has an up-to-date list of all U.S. embassies and consulates.

How Much Does It Cost To Get Advance Parole?

The filing fee for Form I-131 is $575. If you cannot afford this filing fee, you may be able to apply for a fee waiver by filing Form I-912 . You can also check out our tips for fundraising the fees .

You can pay using a money order, personal check, cashier’s check, or credit card. All checks should be made payable to the “U.S. Department of Homeland Security.” If you’re using a credit card, you must also file Form G-1450 : Authorization for Credit Card Transactions with your Form I-131 application. USCIS can only process your credit card payment using Form G-1450. 

How Long Does It Take To Get Advance Parole?

It’s currently taking USCIS 6 to 18 months to process Advance Parole applications. Processing times vary a lot by USCIS service center and may change over time. Your Form I-131 application can be delayed if you didn’t fill it out completely and correctly, mail it to the correct address, and ensure USCIS received it. 

The application processing time may take longer if the USCIS service center handling your case is experiencing significant processing backlogs. You can see USCIS’ current processing times on its webpage.

I Have an Emergency. Can I Get Advance Parole Quicker?

In some cases, USCIS will expedite applications. This can reduce the processing time to 30 days. To expedite your Advance Parole document application, you must demonstrate to USCIS that:

You’ve suffered a financial loss to your company or person

You’re experiencing an emergency

You have a valid humanitarian reason

You’re affiliated with a nonprofit organization requesting an expedited application for culture or social interests benefiting the United States

Your request is made by the Department of Defense or another U.S. government agency to promote the national interest

USCIS made an administrative error

You have another compelling interest determined by USCIS

USCIS grants emergency Advance Parole requests based on its officers’ discretion in emergencies. To do this, you will have to visit the nearest USCIS office with the following documents:

A completed Form I-131

Evidence supporting the emergency request

Two passport-style photos

Successful emergency Advance Parole requests are usually processed on the same day. 

What You Need To Know When Traveling With Advance Parole

Once you’ve successfully applied for Advance Parole, you cannot leave the United States until you’ve received your physical travel document. 

Typically, an Advance Parole document allows you temporary travel for up to one year abroad. However, USCIS reserves the right to revoke your Advance Parole document for any reason. If this happens, you cannot return to the United States without a valid U.S. visa or other documentation. 

You should also be mindful of scheduled fingerprinting ( biometric services ) and interview appointments. Although your travel permit may allow temporary travel for up to one year, you may miss many of these appointments without regularly returning to the U.S. 

The same goes for regularly receiving mailed communications (such as a notice of action ) from USCIS, which help you understand the status of your application. It’s best to make arrangements to receive mail while traveling abroad or update your mailing address with USCIS.

Reentry Into the U.S.

It is important to know that even if you have a valid Advance Parole document , there is no guarantee you can reenter the U.S. after traveling abroad. When arriving at a port of entry upon your return to the United States, the Department of Homeland Security (DHS) will conduct an inspection and determine your admission back into the U.S. Unfortunately, DHS could deny your reentry. 

It is also possible for DHS to revoke your Advance Parole at any time, including while you are abroad. This can happen even if your Form I-131 application has been approved and you have the correct Advance Parole documents. With these risks, it is crucial to determine whether temporary travel outside of the United States is necessary.

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Home » Guide to Form I-131, Application for Travel Document

Form I-131, Application for Travel Document

Form i-131 overview for:, form i-131 explained, what is form i-131 used for.

Certain non-citizens can file Form I-131, Application for Travel Document , to obtain various travel documentation. The application has different uses depending on the non-citizen's immigration status in the United States. When filing, applicants may request the following types of travel documents from U.S. Citizenship and Immigration Services (USCIS):

Reentry Permit

Refugee travel document, advance parole travel document, humanitarian parole.

Form I-131 is different than Form I-131A, Application for Travel Document (Carrier Documentation). Permanent residents use Form I-131A to obtain travel authorization after losing a green card or reentry permit while traveling outside the United States.

Eligibility to Apply for a Travel Document

Who needs form i-131.

Eligibility to file Form I-131 is dependent on the travel document type. Each travel document has specific criteria. In some cases, immigration status may also affect filing requirements. CitizenPath's Travel Document Package is an online service created by immigration attorneys. It's an affordable way to confirm eligibility and prepare the application correctly.

Permanent residents who anticipate an absence from the United States or one year or more should generally apply for a Reentry Permit. A green card is typically sufficient to reenter the U.S. after trips of less than one year. However, there is a presumption that you've abandoned your permanent residence when the absence is one year or more. A Reentry Permit helps mitigate this problem. With the exception of having to obtain a returning resident visa abroad, a reentry permit does not exempt you from compliance with any of the requirements of U.S. immigration laws. In other words, it is still important that you haven't taken actions that suggest you've abandoned your green card. Learn more about Reentry Permits >>

Individuals with asylum or refugee status generally must have a Refugee Travel Document to return to the United States after temporary travel abroad. In most cases, a refugee or asylee may use the Refugee Travel Document for travel in place of a passport. This is helpful because many lack a passport from their home country. In fact, the Refugee Travel Document is similar in appearance to a U.S. passport. Permanent residents, who obtained such status as an asylee or refugee, may also need a Refugee Travel Document in place of a passport. Learn more about Refugee Travel Documents >>

Advance Parole

Non-citizens who are in the United States (typically waiting for a more permanent immigration status) may be able to request Advance Parole. If eligible, Advance Parole is necessary to return to the United States after temporary travel abroad.

Although there are other eligible status, individuals with a pending Form I-485 (adjustment of status applicants) and recipients of Temporary Protected Status, use Advance Parole for brief trips. Generally, if you have applied for adjustment to that of a permanent resident, USCIS will deem your application abandoned if you leave the United States without first obtaining Advance Parole. When issued in combination with an Employment Authorization Card, Advance Parole is issued directly on the card (as pictured). Learn more about Advance Parole >>

I-131 Online Filing Options

Can form i-131 be filed online.

At this time, there is no way to submit Form I-131 to USCIS electronically, but you can prepare the form with an online service to make sure you prepare it correctly.

USCIS has not introduced online filing for this form. Regardless, e-file doesn't necessarily mean you get quick processing. If you are interested a quick approval, focus on submitting a well-prepared application package. It’s the difference between saving a couple of days with online filing versus saving several weeks with smooth processing. What’s more, USCIS is not your advocate. They are not looking out for your best interests. If you include information that damages your immigration future, USCIS isn’t going to correct you.

For people who want to make sure they are preparing the application correctly, CitizenPath offers an affordable service created by immigration attorneys. CitizenPath’s Travel Document Package will make the application easy and give you alerts if there’s a problem. You’ll also receive detailed filing instructions so you know exactly which supporting documents to submit with your application. CitizenPath even provides a money-back guarantee that USCIS will approve your application for a travel document.

Form I-131 Instructions

How do i fill out i-131.

CitizenPath's easy-to-use website helps you prepare the application quickly and accurately. Our online service provides step-by-step I-131 instructions to make it easy. We even give you a money-back guarantee that USCIS will approve your application.

If you prefer to fill out the Form I-131 PDF, you can download instructions from USCIS or follow this summary of directions.

General Guidance

• Type or print answers in black ink only. 
• Enter “N/A” if an answer is not applicable and "NONE" if your answer is zero.
• Foreign language documents must be accompanied by a full English certified translation .
• Submit your application with the current USCIS filing fee . Use a personal check, money order, cashier’s check or use Form G-1450 to pay by credit card.
• Submit photocopies for all supporting documents unless an original document is specifically required.
• For Information About You , answer the general questions about name, address and birth. Carefully indicate how you were admitted to the United States or your current status that makes you eligible for a travel document.

Parts 2, 3, and 4

• For Application Type , select which type of travel document you are requesting. Your choices are very limited based on your immigration status. In rare situations, such as humanitarian parole, you may provide information about yourself in the remainder of the section.
• For Processing Information , supply answers regarding your intended travel, removal proceedings, and previous travel documents. Disposition is an explanation of what happened to the previously issued travel document. Speak to an immigration attorney before traveling outside the United States if you are in removal proceedings or have accrued any time in an unlawful presence. If you are requesting a Reentry Permit or Refugee Travel Document, you may provide address information if you wish that it be delivered abroad instead of your U.S. address.
• For Information About Your Proposed Travel , describe the purpose of the trip and which countries you intend to visit. Generally, there are no restrictions for permanent residents requesting a Reentry Permit for temporary travel. However, individuals who have (or have had) asylum or refugee status should avoid traveling back to their country of claimed persecution. Speak to an attorney first. Likewise, some Advance Parole applicants -- such as DACA -- are limited to specific reasons for travel.

Parts 5, 6, and 7

• For If Applying for a Re-entry Permit , complete the section only if you are requesting a Reentry Permit. Your past time outside the United States may affect the term of your new travel document. Speak to an attorney if you ever considered yourself a "nonresident" during your time as a green card holder.
• For If Applying for a Refugee Travel Document , complete the section only if you are requesting a Refugee Travel Document. Again, any asylee or refugee generally should not travel to their country of claimed persecution. If you must travel to that country, speak to an immigration attorney first.
• For If Applying for Advance Parole , complete the section only if you are requesting an Advance Parole Travel Document. Indicate if the document should be valid for a single use or multiple trips. Again, in limited circumstances, you may provide information about an overseas U.S. embassy or DHS office if the person intended to receive the document is abroad.

Parts 8 and 9

• For Applicant's Statement , sign your application with black ink. A surprising number of I-131 rejections are the result of applicants forgetting to sign or signing in the wrong place. Provide an email and U.S. phone numbers where USCIS can reliably reach you. USCIS will rarely call applicants, but they will use email.
• For Preparer , provide information if applicable. If you prepared your Form I-131, it’s only necessary to sign as the “applicant.” If another person prepared the application for you, be sure Part 9 is filled in and signed appropriately.

This is an abbreviated list of Form I-131 instructions. We highly recommend that you download USCIS instructions or use CitizenPath’s service to prepare the application. CitizenPath provides filing instructions customized to your situation. You’ll get detailed I-131 instructions that explain which supporting documents to submit, how to organize, and where to mail.

Filing Addresses for the Application

Where to file form i-131.

USCIS accepts the I-131 application via mail only. They do not want applicants to submit the form in-person at USCIS offices. USCIS has numerous filing addresses. The address depends on various factors such as the basis of eligibility, travel document type, and U.S. state of residence. For the most up-to-date address, refer to your CitizenPath filing instructions or use the USCIS I-131 direct filing addresses .

Although USCIS receives your application package at these locations, they will process them somewhere else. If you have an interview (rare), it will be at a USCIS field office near the home address you provide.

Form I-131 Processing Time

How long does it take to get a travel document.

USCIS is reporting I-131 processing times in excess of one year at their service centers. Check USCIS processing times for the latest estimates. The best way to ensure a smooth process and quick processing time is to prepare a complete and problem-free application. For this reason, CitizenPath customers generally experience the best processing times for USCIS travel documents.

Expedited processing of a travel document is available in certain situations. For a detailed description of plausible reasons and how to communicate your urgent need, see our article on expedited processing for travel documents .

Reporting for processing times only includes forms that were successfully filed. If an individual does not correctly prepare a form or otherwise does not satisfy eligibility requirements, USCIS will reject or deny these requests. For the most recent year, USCIS reported the following national statistics:

USCIS Rejections in 2023

MODERATE RISK

USCIS Denials in 2023

How citizenpath helps you, is there an inexpensive way to file the i-131 application.

CitizenPath's affordable, online service makes it easy to prepare Form I-131, Application for Travel Document. Designed by immigration lawyers, the Travel Document Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve your application. Get started >>

Form I-131 Questions and Answers

The USCIS filing fee to submit Form I-131, Application for Travel Document, can vary significantly based on the type of travel document, age, and eligibility category. Use our pricing tool to determine your filing fee .

Generally, adjustment of status applicants may file I-131 "concurrently" with Form I-485 . Concurrently means that you can submit them together. This is the best way to get quick processing.

You may also file Form I-131 after filing Form I-485, but you'll need to wait until you receive the I-485 receipt notice. You'll need the receipt number so that USCIS can link the cases.

Generally, you must file Form I-131, Application for Travel Document, from inside the United States. The granting of an Advance Parole Document for individuals outside the United States is an extraordinary measure used sparingly to allow an otherwise inadmissible non-citizen to travel to the United States and to seek parole into the United States for a temporary period of time due to urgent humanitarian reasons or for significant public benefit. Seek the advice of an immigration attorney if you are outside the United States and feel the need to file Form I-131.

You should apply for a Refugee Travel Document or Reentry Permit before you leave the United States. However, the travel document may be sent to a U.S. embassy, U.S. consulate, or DHS office abroad for you to pick up, if you make such a request when you file your application. Departure from the United States before a decision is made on the application usually does not affect the application decision. However, if biometrics collection is required and the applicant departs the United States before biometrics are collected, the application may be denied.

Permanent residents who are outside the United States for less than one year and lost a green card, may be able to file Form I-131A, Application for Travel Document (Carrier Documentation), to obtain temporary document to return to the U.S.

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The “Advance Parole” I-131 Application for Travel Document

How to apply for a travel permit while waiting for your green card.

In this guide

• Why You Need a Travel Document
• When and How to Apply For a Travel Document
• Travel Restrictions and Renewing Your Travel Document
• Emergencies
• Planning Your Trip
• Returning to the United States With a Travel Document
• More Advance Parole FAQs
• Related Information

What is a travel permit?

A travel permit is a document that allows someone living in the U.S. while awaiting their green card to travel abroad without nullifying their green card application.

What is USCIS Form I-131?

Form I-131 is officially called the Application for Travel Document, and can be used to apply for one of several types of travel documents, such as a re-entry permit , refugee travel document , TPS travel authorization document , or the advance parole travel document , which is the subject of this guide.

What is Advance Parole?

The advance parole travel document permits you to travel back to the U.S. without applying for another visa, and without nullifying the application you have in progress. It is commonly used when someone has a pending application for permanent residence , adjustment of status or asylum .

Your green card application will be terminated if you leave the United States while that application is pending, unless you have a valid travel document at the time you leave the country.

Even if you don’t have any specific travel plans, it’s a good idea to apply for a travel document at the same time you first submit your green card application. Then, if you do need to travel for a family emergency, a business opportunity, or any other reason, you won’t need to decline because of your pending green card application.

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The travel document provides someone living in the United States with “advance parole.” (This has nothing to do with the “parole” you hear about in an episode of Law & Order . In the context of immigration law, “advance parole” is just a technical way of saying “permission ahead of time to re-enter the United States.”)

If you leave the United States while your green card application is pending and you don’t have a travel document, U.S. Citizenship and Immigration Services (USCIS) will consider your green card application abandoned and will deny it. At best, that means you’ll have to redo all of the paperwork and pay the fees a second time. At worst, you could find yourself unable to re-enter the United States.

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The fastest and easiest way to apply for a travel document is as part of the original marriage green card application package you send to USCIS, by including Form I-131 (“Application for Travel Document”) along with the main forms ( I-130 and I-485 ).

You must attach a copy of your photo identification (such as a copy of the photo page of your passport) to the travel document application, as well as two passport-sized photos . There is no additional fee if you submit your travel document application (Form I-131) at the same time as your initial application for a green card (Form I-485, filed anytime after July 30, 2007).

If you’ve already submitted your green card application, you can still get a travel document that will allow you to leave the United States. In this case, when you file Form I-131 with USCIS, include a copy of your photo ID, two passport-sized photos, and a copy of the receipt notice showing that USCIS previously received your green card application including the full application fee. You will still be required to pay the $630 fee to file Form I-131 with a pending green card application.

It’s essential that you don’t leave the United States until you’ve actually received your travel document, but otherwise there are no travel restrictions for marriage-based green card applicants. You can only remain outside the United States, however, as long as you re-enter the U.S. before the expiration date printed on your travel document.

The travel document is valid for one year after it’s issued, typically within 150 days (in some cases longer) after submitting your application materials to USCIS. (Until recently, the normal processing time for a travel document was 90 days, but a growing backlog has caused additional delays. USCIS provides a database where you can check the most current processing times , updated once per month.)

If you haven’t received your green card yet and you plan to travel after that year has elapsed, it’s important to renew your travel document in a timely fashion. You can file a renewal application as early as 120 days before your current travel document expires, and it’s a good idea to submit the renewal as early as possible. The renewal travel document is usually processed within the same timeframe as that for the initial application: 150 days or longer. It’s important to plan ahead to avoid gaps in your ability to travel.

To renew your travel document, submit Form I-131 with a copy of your current travel document, a copy of the receipt notice from your green card application, and two passport-sized photos. There is no additional fee.

Boundless offers unlimited support from our team of immigration experts, so you can apply with confidence and focus on what’s important, your life in the U.S. Learn more.

It is possible to get an expedited travel document if you need to travel because of an emergency. USCIS issues emergency travel documents in situations like the death or sudden illness of a family member abroad. If you find yourself in this situation, you can make an appointment with your local USCIS office . You should bring your completed I-131, two passport photos, and evidence to prove that you have an urgent need to travel. This evidence might be a death certificate, medical records, or a signed letter from your family member’s doctor. There is no additional fee for an emergency travel document.

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The travel document usually arrives within 150 days (sometimes longer) after submitting your application. You can’t leave the country until you have your approved travel document in hand, so you should expect to spend the 3–5 months after submitting your green card application in the United States.

Theoretically, you could be out of the United States for as long as you have a travel document (one year plus renewals). In practice, however, that’s not possible, because then you would miss your fingerprinting and green card interview appointments . If you find that you are unable to attend your fingerprinting or interview appointment, you should promptly follow the rescheduling instructions printed on the USCIS appointment notice.

In general, it’s a good idea to make arrangements to be alerted of any USCIS notices that are sent to you while you are abroad. (For example, you can ask a friend or a neighbor to inform you of any USCIS notices you receive by mail.)

Even after you have submitted your green card application, you are still not a permanent resident of the United States. When you re-enter the United States , you’ll be considered an “arriving alien.” It’s fairly common for people with travel documents to be pulled aside for secondary inspection. Don’t be alarmed if that happens—the border agent is likely just verifying that you have a pending green card application.

Travel documents do not guarantee that the border agent will allow you back into the United States, however. If you have any reason to suspect that you might be turned away at the border, you should carefully consider whether or not you need to travel before your green card application has been approved.

For example, If you have been in the United States for any amount of time without legal immigration status, then leaving the United States under most circumstances will trigger a bar from re-entering the United States for either three or ten years , depending on how long you were in the United States without status. If you’re in this situation, it is a good idea to avoid travel until you have a green card.

In summary, there is really no downside to applying for a travel document at the same time you submit your green card application, so you should do so even if you don’t have any specific travel plans.

If you are in the U.S. and have applied for a green card but are still waiting for your application to be processed, then you might be interested in applying for a travel permit to travel outside the U.S.. Otherwise, if you leave without the travel document, USCIS may consider your green card application abandoned.

If you already have a green card, and wish to leave the U.S. for more than a year but less than two years, then you might also be interested in arranging for a travel document before you leave.

No, Advance Parole does not guarantee admission into the United States. Upon arriving at a port of entry, you’ll undergo inspection by Customs and Border Protection officers who will make the final decision on whether to admit you.

The Advance Parole document itself does not grant permission to work. However, individuals who have filed an adjustment of status application may apply for an Employment Authorization Document (EAD) while waiting for a decision on their application.

If your Advance Parole document expires while you’re abroad, you might have difficulties returning to the U.S. It’s generally advised to return to the U.S. before your Advance Parole expires.

You can choose not to apply for a work permit now. If the applicant changes their mind later, they may apply for the work permit at any time after filing Form I-485 (officially called the “Application for Adjustment of Status”).

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• What is an Affidavit of Support? U.S. Immigration Help for Spouses
• Preparing for the Green Card Interview—U.S. Immigration Help
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• Traveling Outside the United States as a Green Card Holder
• Can I Travel Outside the U.S. While My Adjustment of Status Is Pending?

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USCIS Expands Personalized Processing Times to Work Authorization and Travel Document Applications

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers , of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.

U.S. Citizenship and Immigration Services (USCIS) announced on July 12, 2023, that it is expanding myProgress (formerly known as personalized processing times) to Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document. MyProgress is also available for applicants with a USCIS online account who file Form I-90, Application to Replace Permanent Resident Card, among others.

USCIS said that myProgress provides personalized estimates of wait times for major milestones, including final case decisions. USCIS noted that although estimates are based on historical patterns of cases with similar specifics, they "are not a guarantee of speed, cannot take into consideration all possible unique application processing delays, and may over- or underestimate the true processing time."

To view estimated case timelines, applicants must first create a USCIS online account or log into their account and select their pending application. If they e-filed or linked one of the applicable forms to their online account using an online access code, they will see a myProgress tab for their application. The myProgress tab displays the estimated wait time until their case has a decision, along with a checkmark beside three milestones as they are completed:

• Confirmation that the application was received;
• Completion of the biometric services appointment (if required); and
• Decision on the pending case.

Applicants should visit the public Check Case Processing Times webpage to determine if they are eligible to file an Outside of Normal Processing Times service request.

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Application for Travel Document: Form I-131 Explained

How to apply for advance parole.

If you’re waiting to be issued a green card or you have an active case with immigration, USCIS doesn’t want you to leave the country without advance permission. 

Form I-131, Application for Travel Document, allows people with pending cases to obtain permission to travel outside of the country temporarily. This is what you should know about how, when, and why to use form I-131.

What Is Form I-131?

Form I-131, Application for Travel Document is used to apply for an advance parole document. Advance parole allows people who are not permanent residents or U.S. citizens to leave and re-enter the United States under specific circumstances for a limited amount of time. 

The word “parole” is often associated with a criminal being let out of prison before they’ve completed their term. In immigration, the term “parole” means something different . You aren’t in trouble, and you certainly aren’t regarded as a criminal. The term as used by immigration means that you’ve received special permission to travel while your application is pending and you are “paroled” into the U.S. to continue the application process. 

If you are not yet a permanent resident or a citizen, you may need an approved Form I-131 before you can depart the country without jeopardizing your immigration status or ongoing applications with USCIS. 

Leaving the country without obtaining a travel document could be interpreted as abandoning your USCIS case. A travel document shows intent to return to the United States.

Who Needs Form I-131?

If you have a pending application with USCIS for asylum or adjustment of status, you aren’t allowed to leave the country. This would result in your application being deemed abandoned. 

If you encounter a situation where you need to briefly leave the country (like to complete the sale of your old home, visit a sick family member, or attend the wedding of a loved one), you need permission from USCIS to travel. 

A travel document will give you permission to come and go before you become a permanent resident or asylee of the United States. Once you receive permanent resident status, you’ll no longer need a travel document for trips outside of the United States shorter than 12 months. If you become a citizen, you won’t need a travel document for any trips outside of the United States, regardless of their duration. 

Form I-131 can also be used to apply for a re-entry permit, which can allow permanent residents to remain outside the United States for a year or more.

How Do You Use Form I-131 for a Re-Entry Permit?

USCIS wants you to file Form I-131 before you leave the country. If you’re a lawful permanent resident of the United States, they want you to travel for less than one year at a time. If you’re a permanent resident who stayed outside of the United States for one year or more without a travel document, you may need to take a few extra steps before you return. 

If you’ve been gone for more than twelve months, you’ll likely be taken aside at the airport for secondary inspection by the Department of Homeland Security . Immigration officials can claim that you attempted to abandon your permanent resident status and attempt to have it revoked, which will lead to a lengthy legal battle. You may be placed into removal proceedings and ultimately returned to your country of origin if you cannot establish you did not intend to abandon your residence.

If you had a legitimate reason for staying outside of the United States for a year or more, you can apply for a returning resident visa. Consular officials will consider situations like serious illness or injury to you or a family member to be a pressing circumstance. They no longer consider COVID-related claims. 

After viewing your case, the U.S. Embassy or Consulate may issue you a returning resident visa. A returning resident visa will allow you to enter the United States with minimal risk to your resident status. 

The best course of action if you need to remain outside the U.S. for a year or more is to apply for a re-entry permit before departing the U.S. This shows your that you do not intend to abandon your lawful permanent residence.

What Happens If You Leave the United States Without an Approved Form I-131 Travel Document?

If you leave the United States without completing Form I-131 and receiving a travel document while you have a case pending with USCIS, they will deny your case. If you leave the United States while your case is still pending, USCIS considers your departure as abandonment of your case. 

Can You Leave the United States Before You Receive Your Travel Document?

You’re technically allowed to leave the United States before you receive your travel document if your Form I-131 has been reviewed and approved. However, it is always best to have the actual advance parole document on hand before leaving the country. 

Can You Get an Emergency Travel Document With Form I-131?

USCIS is willing to consider emergency processing of many documents on a case-by-case basis. If you’re dealing with an urgent situation, like the death or severe illness of a family member overseas, you can request an emergency appointment with USCIS regarding your travel paperwork. 

You’ll need to arrive at your appointment with your passport and passport photos, completed I-131 travel document forms, and proof of an emergency. You can have your family member’s doctor write an official letter declaring the situation to be an emergency and present that letter as evidence. 

USCIS may be able to issue you an emergency travel document that will allow you to return home right away. They won’t charge you an expedited processing fee for a legitimate emergency. 

Is It Safe To Travel With a Pending Immigration Case?

USCIS would prefer that you didn’t leave the country while your immigration case is pending, even if your application for a travel document was approved. If you miss vital communication with USCIS, like an interview appointment or a request for more information, your immigration case can be denied. 

If you intend to travel while your immigration case is still in progress, it’s vital to check the USCIS website for updates on your case frequently . Ask someone you trust to check your mail for you every day and inform you of correspondences relating to your immigration case. If the phone number you have on file with USCIS can’t be used to reach you while you’re away, update your contact information before you leave. Be prepared to return if USCIS needs you to come back.

When Should You Complete and File Form I-131 to Request Advance Parole?

It’s important to apply for a travel document a few months before you’ll need it. You aren’t allowed to leave the country on advance parole until you’ve been approved and received your travel document. If you leave without an approved travel document, you may not be able to re-enter the United States. 

USCIS estimates the wait time for a travel document to be approximately 90 days, but USCIS perpetually manages a large backlog of cases. It often takes them a while longer to process documents that aren’t considered to be emergency cases. It may take them up to 150 days to issue you a travel document, so you should plan accordingly. You should apply for a travel document even if there’s a chance that your green card may be approved by the time you need to leave the country. 

Life can be unpredictable. You have no way of knowing if an emergency may pull you back home before you’ve received your green card. If you have any strong ties to a country other than the United States, you can file form I-131 at the same time you file the forms for your green card. It’s better to have a travel document and not need it than it is to need a travel document and not have it. You’ll be able to leave at a moment’s notice if you have a valid travel document.

How Long Does a Travel Document Last?

Travel documents may be issued for up to five years from the issue date. You need to return to the United States before the expiration date on your advance parole docuement. You’re allowed to return to the United States and leave again as long as you return before your travel document expires.

If you believe you’ll need to stay outside the United States for longer than the validity, you must return and request another travel document. Your green card will likely be issued before your travel document expires. If that’s the case, return to the United States temporarily to retrieve your official green card. Once you have your green card, you’re free to travel outside of the United States for a maximum of one continuous year. 

If you intend to apply for citizenship , keep in mind that the residency requirement states that you must live primarily in the United States for at least five continuous years before applying or three continuous years if you received your green card through marriage. 

Traveling too frequently or spending too much time outside of the United States may interfere with your ability to apply for citizenship. It’s okay to visit your family back home for a few weeks every year, but be mindful of lengthy visits.

Can You File for a Travel Document Extension?

There is no process for extending a travel document that already exists. If you have a travel document that’s about to expire and need more time, you must return to the United States and file a new Form I-131. Processing times and fees aren’t different if you’re filing for a new travel document. 

The process will work the same exact way as it did the first time, and the waiting period will depend on USCIS’s current caseload. You’ll want to plan accordingly if you think you’ll need to be out of the country after your travel document’s expiration date. Because the waiting period can be several months long, it’s better to cautiously return to the United States and reapply for a travel document before your current travel document expires. 

Can Filing a Form I-131 Prevent You From Being Detained When You Return?

CBP may detain people with pending immigration cases when they re-enter the country, as well as lawful permanent residents who have been outside of the United States for a long period of time. 

Filing Form I-131 won’t prevent you from being pulled aside when you arrive in the United States. Border protection officers want to verify your travel documents and your pending case with immigration before allowing you to pass. It may be an intimidating situation, but there’s typically no reason to worry. If you’ve attended every immigration appointment and responded every time they contacted you, you’ll typically be allowed to re-enter the United States.

If you missed important calls, letters, or appointments while you were gone, you may not be allowed to re-enter. You’re expected to manage your side of your immigration case even if you’re traveling with a valid travel document. Always be mindful of important dates and letters USCIS may send. Ask a trusted person to check your mail in the United States while you’re away.

Do You Need Legal Assistance With Form I-131?

Knowing how and when to file Form I-131 and understanding the rules around traveling with an active green card application is crucial for immigrants who need to leave the United States. The experienced team of immigration attorneys at Cohen, Tucker + Ades may be able to help you navigate the situation.

Contact us for a consultation to review the details of your immigration case. We’ll be able to advise you of your options.

The Use of Parole Under Immigration Law | American Immigration Council

What is Secondary Inspection? | Study in the States | U.S. Department of Homeland Security

Emergency Travel | USCIS

How to check your immigration case status | USAGov

Not sure which option is right for you? Request a confidential consultation today.

United States: USCIS Expands Personalized Processing Times To Work Authorization And Travel Document Applications

U.S. Citizenship and Immigration Services (USCIS) announced on July 12, 2023, that it is expanding myProgress (formerly known as personalized processing times) to Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document. MyProgress is also available for applicants with a USCIS online account who file Form I-90, Application to Replace Permanent Resident Card, among others.

USCIS said that myProgress provides personalized estimates of wait times for major milestones, including final case decisions. USCIS noted that although estimates are based on historical patterns of cases with similar specifics, they "are not a guarantee of speed, cannot take into consideration all possible unique application processing delays, and may over- or underestimate the true processing time."

To view estimated case timelines, applicants must first create a USCIS online account or log into their account and select their pending application. If they e-filed or linked one of the applicable forms to their online account using an online access code, they will see a myProgress tab for their application. The myProgress tab displays the estimated wait time until their case has a decision, along with a checkmark beside three milestones as they are completed:

• Confirmation that the application was received;
• Completion of the biometric services appointment (if required); and
• Decision on the pending case.

Applicants should visit the public Check Case Processing Times webpage to determine if they are eligible to file an Outside of Normal Processing Times service request, USCIS said.

• USCIS alert, July 12, 2023. https://www.uscis.gov/newsroom/alerts/uscis-expands-myprogress-to-form-i-765-and-form-i-131

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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U.S. immigration basics

Step by step process for expediting advance parole and eads.

By Annie Blay

Are you trying to find a way around slow USCIS processing times because of an unexpected situation? There is a way to get your immigration case reviewed more quickly. However, USCIS reviews expedite requests on a case-by-case basis. 

Background on Advance Parole (Travel Document) and Employment Authorization Documents (EADs)

An advance parole document (also called an immigrant travel document ) allows people with pending green cards to travel while they wait to become permanent residents. To submit an application for advance parole, file Form I-131 with USCIS and pay an associated filing fee.

An employment authorization document (EAD) enables certain foreign nationals to work in the U.S. legally. For instance, international students on an F-1 may be issued an EAD to work for an approved U.S. employer, or someone with a pending green card may be issued an EAD so they can work while their green card application processes with USCIS. To submit an EAD application, file Form I-765 with USCIS and pay an associated filing fee.

What is an expedite request?

Immigration applications can take months and even years to be processed by the U.S. Citizenship and Immigration Services (USCIS). In urgent situations, immigrants can request expedited processing for their pending application. Each request is reviewed by USCIS and granted on a case-by-case basis. 

The step-by-step process for expediting Advance Parole and EADs

1. obtain your receipt notice.

To expedite your case, you will need your receipt notice. The receipt notice will be sent to you or your attorney within a few weeks of filing your case. 

2. Identity your expedite request criteria

There are several criteria that USCIS will consider when reviewing your expedite request. The more clearly you can link your situation to one of these criteria, the higher your chance of approval.

• Expedite Criterion 1: Severe loss to a company or person

USCIS will consider expediting a case in the situation that a company or person is at risk of severe loss due to delayed immigration benefits. 

USCIS gives some examples of when this criterion may be relevant:

"A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor's employment authorization would require the medical practice to lay off its medical assistants.

Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services."

Expedite Criterion 2: Emergencies and urgent humanitarian reasons

USCIS may consider expediting cases for emergencies or urgent humanitarian reasons. 

"Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Additionally, an expedite request may be considered under this criterion in instances where a vulnerable person's safety may be compromised due to a breach of confidentiality if there is a delay in processing the benefit application. A benefit requestor's desire to travel for vacation does not, in general, meet the definition of an emergency."

• Expedite Criterion 3: Nonprofits furthering U.S. cultural or social interests

Nonprofits can file expedite requests for their employees in certain situations. 

"Examples may include a medical professional urgently needed for medical research related to a specific social U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary's specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone."

• Expedite Criterion 4: U.S. government interests

If an immigrant's work is in the interest of a U.S. government entity, a senior-level government official can submit an expedite request to USCIS. USCIS says that expedite requests made by federal agencies must be "immediate and substantive."

"U.S. government interests may include, but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests. If the request relates to employment authorization, the request must demonstrate that the need for a person to be employment-authorized is mission-critical and goes beyond a general need to retain a particular worker or person. Examples include, but are not limited to, a noncitizen victim or witness cooperating with a federal, state, or local agency who is in need of employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.”

3. Call USCIS's Contact Center

Call the USCIS Contact Center at 1-800-375-5283 (for TTY disability, call 1-800-767-1833). Keep in mind that it might take a while to reach a representative. 

When you speak to a representative, clearly explain your situation (and specific expedite criteria) and ask to speak to a Tier 1 or Tier 2 officer. 

If you cannot speak to a Tier 1 or Tier 2 officer that can help you the first time, call back and start over.

The officer will give you an Expedite Service Request number that you can use to track your request online.

4. Submit Documentation  

Either during your call or via email, USCIS will ask for some documentation related to your request. Send the requested documentation to the email address given to you by USCIS.

5. USCIS Expedite Decision Adjudication

Often you will receive a response to your expedite request in less than a week, but it could be longer. You will be notified of USCIS's decision via email and on USCIS's case status online tool .

Alternative solutions if you cannot get your case expedited 

If an expedited request is unsuccessful, you may need to shift your strategy. Legalpad specializes in immigration law. If you’d like to explore alternative immigration paths, connect with our team today!

About the author:

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.

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Can We Expect Faster USCIS Processing Times in 2023?

“Can We Expect Faster USCIS Processing Times in 2023?”

That's the million-dollar question on every immigrant's mind. Negotiating the complexities of immigration can be a real challenge, and with processing times continually rising, it's like being caught between two conflicting forces.

The big concern is whether we can anticipate an improvement in USCIS processing times this year or if this sluggish pace will be our new normal.

The (USCIS) or United States Citizenship and Immigration Services, is in charge of handling applications for:

• Green cards
• Citizenship
• Among other things

Many people and families waiting for their applications to be decided worry about how long it takes USCIS to process them.

In this blog post, we'll look at the chance of USCIS processing times being faster this 2023 and discuss what could make this happen.

Table of Contents

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Recap of USCIS Processing Times in Recent Years

In recent years, many applicants have been upset about how long takes USCIS to handle their applications. Delays and longer wait times are happening more often, which affects the lives of people and companies that use immigration services. Some things have led to these long working times, such as:

• demand has gone up
• policy changes
• worldwide spread of COVID-19

In particular, the COVID-19 outbreak greatly affected how USCIS worked. Because of health and safety concerns, travel limits, social isolation, and less staffing slowed down the application process.

Also, the pandemic made many people want to apply because they wanted stability and protection in a time of uncertainty.

The Impact of Trump-Era Policies on USCIS Processing Times

Policy changes, like those made during the Trump administration, can greatly affect how long it takes for USCIS to do its work. One big change was that application forms, especially for employment authorization documents, got longer and more complicated.

Because of these changes, there was more scrutiny during the extension process, which slowed things down. Applicants had to fill out long surveys and give accurate information. This takes more time and makes the process take longer. Also, the process for getting a green card changed so that more interviews were done in person, especially at the Texas Service Center.

Even though these interviews are meant to ensure full screening, they also add to the time it takes to make decisions. It's important to know how changes in policies and procedures at a USCIS office or service center, like the National Benefits Center, can affect working times and plan accordingly.

Factors That Could Impact USCIS Processing Times in 2023

Even though there have been problems in recent years, a few things could make USCIS handling times faster in 2023.

1) Potential Policy Changes

The current government wants to change immigration and make the overall legal immigration system easier. Changes to policies that aim to make them more efficient and cut down on backlogs could make working times faster.

2) Technological Upgrades and Automation

USCIS has been busy updating its systems and adding technology to make things run more smoothly. If these technological advances are used well, they could make a big difference in processing times by cutting down on manual jobs and making things run more smoothly.

3) Staffing Changes

USCIS could hire more people to fix handling delays or change how they train and use their resources. More people and better training could speed up the review process and reduce backlogs.

4) Ongoing Immigration Reform Discussions and Legislation

The talks about immigration reform and the possible passing of new laws could lead to changes in the way USCIS is set up. These changes could be made to make fair and efficient services, speeding up the time needed.

More Immigration Tips and News

USCIS's Efforts to Improve Efficiency

USCIS has already taken steps to fix handling delays and reduce backlogs because they know they need to improve. They have put in place things like:

• Getting more people on board
• Adding more chances for OT
• Getting service centers to share the work

USCIS has also tried to improve the experience for applicants by digitizing processes, adding online portals, and improving contact channels.

If these attempts work, they could help make processing times faster in 2023. But it's important to look at past projects and how they affected working times to see how well these measures work.

Consider expert predictions for 2023

Immigration experts and USCIS employees have given their thoughts and predictions about how long it will take for USCIS to handle applications in 2023. Even though there is hope that things will improve, it is important to take these predictions with a grain of salt because outside forces and problems that no one saw coming can change how things turn out.

It is important to keep up with official USCIS statements and expert views for a better idea of what might change.

Implications for Immigrants and Sponsors

People and families who are waiting for their applications to be handled are directly affected by the processing times at USCIS. People anxiously awaiting a decision on their legal status would feel better if they could get their paperwork done faster. It would give people more security and let them plan their lives and make important choices.

For donors and employers, faster processing times mean that their businesses will run more smoothly and the hiring process will go more smoothly. It would make it easier for new employees to start working and keep things running smoothly.

Hire an Immigration Lawyer

What You Can Do to Speed Up Your Case

Even though you can't directly change how long it takes USCIS to handle your case, there are some things you can do:

Prepare a Strong Application

Read over the rules and standards for your application carefully. Ensure you have all the necessary paperwork and complete the forms correctly. A well-done application makes it less likely that you'll be asked for more proof and can speed up the decision-making process.

Seek Legal Assistance

Talking to an experienced immigration lawyer can help you figure out how to go through the complicated immigration process. They can help you through the application process, give you good advice, and help you solve any problems that might come up.

Stay Informed

Keep up with the latest USCIS statements, policy changes, and processing time updates. This will help you set realistic goals and prepare for any changes affecting your case.

Be Patient and Plan Ahead

Even though faster working times are better, it's important to be patient during the whole process. Know that USCIS deals with many applications and that there may be delays you can't prevent. Plan backup plans to ensure handling delays don't cause too many problems.

Hacking Immigration Law, LLC Will Be Your Time-Saving Ally

It can take a lot of work to figure out how to deal with complicated and time-consuming processes (USCIS). But with the help of immigration lawyers from Hacking Immigration Law, LLC, you can expect:

Expertise in premium processing

Immigration lawyers are great at handling situations that require premium processing. People can speed up the processing of certain employment-based petitions by choosing premium processing, which ensures a faster response from USCIS.

Because the experts know the process inside and out, your case will be prepared, sent, and tracked in a way that saves you time and helps you make a decision faster.

Efficient adjustment of status

Adjusting your status is a very important part of becoming a lawful permanent resident status in the United States. Hacking Immigration Law, LLC has helped clients through this process a lot.

Our skilled lawyers know all the ins and outs of the law, including: 

• Getting the forms done
• Compiling supporting documents
• Getting ready for the interviews

Using their knowledge, you can speed up changing your status, reduce delays, and save important time.

Expert Handling of Nebraska Service Center Cases

The Nebraska Service Center (NSC) handles many USCIS petitions, including those for immigration based on work.

We have a track record of handling NSC cases well, ensuring all paperwork is done right and turned in on time. Giving your case to their experienced team lets you move quickly through the NSC process, cutting down on working times and saving you a lot of time.

Swift Employment Authorization Document (EAD) Processing

An Employment Authorization Document (EAD) is a very important piece of paper that lets some non-immigrants officially work in the U.S. Hacking Immigration Law, LLC knows how important it is to get an EAD quickly.

Our experienced lawyers help customers with filling out the application correctly, putting together evidence, and taking them quickly to the USCIS office that needs it. You can speed up the EAD process using their knowledge, which will let you start working sooner.

Timely Tracking of Case Progress

We ensure that your case is being tracked well by closely monitoring receipt reports and other important USCIS letters.

They inform their clients about changes, so you always know how your case goes. This proactive method lets you deal with any problems immediately, which cuts down on delays and speeds up the legal immigration process.

Even though there is hope that the USCIS will be able to process things faster by 2023, it is important to go into this topic with sensible goals. Different factors, such as policy changes and technological improvements, can affect processing times. 

As an applicant or sponsor, staying up-to-date on the process is important, as is being proactive when planning your application and talking to an immigration lawyer to help you.

By taking these steps, you can set yourself up for the best possible result, but keep in mind that things outside your control may still affect processing times.

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Check for New Fees and Form Editions Before You File

On April 10, 2024, the  Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman )  sent out this stakeholder message:

On April 1, 2024, U.S. Citizenship and Immigration Services’ (USCIS) new fees and editions of certain forms went into effect. The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman)—which is not part of USCIS—is sending this reminder to use the correct form edition and pay the correct fee amounts to avoid USCIS rejecting your form.  

If you file your form online (if available), you could save up to $50 in filing fees.  

What to Check For 

Before you file, please ensure you know the answers to the following two questions: 

1. How much does it cost to apply? 

Go to USCIS’ Fee Schedule page to check what fee(s) you need to pay. Many fees have increased, some fees have decreased, and some have new fees. Other forms have new fee exemptions.  

A few examples of what changed on April 1 are: 

• Form N-400, Application for Naturalization ; and 
• Form I-90, Application to Replace Permanent Resident Card (Green Card) (the fees will be lower whether you must submit biometrics or not). 
• You must submit a separate payment for each fee. See the USCIS Filing Fees page for further instruction on how to pay fees. 
• If you are an employer filing a Form I-129 or Form I-140, the form fee itself may not represent your total filing costs. Check for additional fees. For example, the new Asylum Program Fee will cost an additional $600 for employers or $300 for companies with 25 or fewer full-time equivalent employees. There is no Asylum Program Fee for nonprofits. 

You can also go to USCIS’ Fee Calculator to see what fees you must pay.  

2. Do I need to use a new edition of the form?  

As of April 1, USCIS will accept only the 04/01/24 edition of the five forms listed below. There is no grace period , and USCIS will reject your form if you file an old edition of the form. 

• Form I-129, Petition for a Nonimmigrant Worker  
• Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker  
• Form I-140, Immigrant Petition for Alien Workers  
• Form I-600A, Application for Advance Processing of an Orphan Petition (and Supplements 1, 2, and 3) 
• Form I-600, Petition to Classify Orphan as an Immediate Relative (and Supplements 1, 2, and 3) 

For most other forms, USCIS will accept both previous and new editions filed with the correct fee during a grace period from April 1 to June 3, 2024. 

Remember, USCIS uses the postmark date to determine your filing date and the applicable fee and form edition. If you are using a courier service (such as FedEx, UPS, DHL, etc.), see the CIS Ombudsman’s Treat the Date You Print Your Shipping Label as Your Postmark Date stakeholder message for more information. Please note that USCIS uses the receipt date for the purposes of any regulatory or statutory filing deadlines. 

Why This Matters 

• This is the first fee increase for many USCIS forms in over seven years.  
• Having your form rejected could impact your immigration status. In some situations, you will not be able to refile, which could affect whether you can remain or work legally in the United States. 
• If USCIS rejects your form and you have documented proof that you submitted the correct edition of the form on time with the correct fees, you can try to resolve the issue with USCIS. Go to the “Inquiries Based on Filing Location” section of USCIS’ Contact Us page for information.  
• If you still cannot resolve the issue, you may submit a case assistance request to our office to see if we can help. Make sure to include copies of the rejection notice and the submitted form with the shipping label and delivery confirmation. 

More Information 

For more information, please refer to USCIS’ January 30, 2024, news release and its Filing Fees and FAQs on the USCIS Fee Rule pages. You can also refer to USCIS’ February 22, 2024, webinar presentation .  

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Office of International Education

Office of enrollment management, uscis fee changes, effective april 1, 2024, uscis will increase filing fees for most immigration applications..

Additional changes will also take effect, including:

• Charging higher fees for some applications if they are filed by paper. For example, Form I-765 now costs $470 to file online or $520 to file a paper application by mail.
• The timeline for premium processing for employment-based petitions (such as H-1B) is now 15 business days.

The complete fee schedule  and answers to frequently asked questions about the fee changes can be found on the USCIS website. If you plan to file a paper application with USCIS, please be sure to use the current form version , as USCIS is updating and changing forms in connection with the fee changes.

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Published by NTD's Tax Technical Knowledge Services Group, Washington, D.C. Jennifer Brittenham, writer and editor

Distributed weekly to all Americas Tax personnel.

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• National Media Release

CBP Releases March 2024 Monthly Update

WASHINGTON — U.S. Customs and Border Protection (CBP) released operational statistics today for March 2024. CBP monthly reporting can be viewed on CBP’s Stats and Summaries webpage .

“CBP - in coordination with our partners across the Federal government as well as foreign partners - continues to take significant actions to disrupt criminal networks amidst unprecedented hemispheric migration activity,” said Troy A. Miller, Senior Official Performing the Duties of the Commissioner. “Encounters at our southern border are lower right now, but we remain prepared for changes, continually managing operations to respond to ever-shifting transnational criminal activities and migration patterns.”

CBP continues to work closely with U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) to quickly process individuals encountered at the border and remove those who do not establish a legal basis to remain in the United States, delivering strengthened consequences promulgated by the Circumvention of Lawful Pathways rule and its associated measures. From May 12, 2023 to April 3, 2024, DHS has removed or returned over 660,000 individuals, the vast majority of whom crossed the southwest border, including more than 102,000 individual family members. The majority of all individuals encountered at the southwest border over the past three years have been removed, returned, or expelled. Total removals and returns since mid-May exceed removals and returns in every full fiscal year since 2011. 

Below are key operational statistics for CBP’s primary mission areas in March 2024. View all CBP statistics online. 

Ensuring Border Security and Managing Migration 

CBP continues to expeditiously process and remove individuals who do not have a legal basis to remain in the country. We are working together with our domestic and foreign partners to jointly disrupt irregular migration across the region, offering safe, orderly, and lawful pathways for intending migrants and taking action against ruthless smugglers who continue to spread falsehoods and show disregard for the safety and well-being of vulnerable migrants. We are also working alongside U.S. government partners to target transnational criminal organizations and smugglers who take advantage of and profit from migrants and taking new measures to stop individuals from exploiting traditional travel methods for migration.

In March 2024, the U.S. Border Patrol recorded 137,480 encounters between ports of entry along the southwest border.  In March, encounters between ports of entry along the southwest border were 45% lower than in December 2023 and 16% lower than March 2023.

CBP had a total of 189,372 encounters along the southwest border in March 2024, including U.S. Border Patrol encounters between ports of entry, as well as individuals who presented themselves at ports of entry (including those with CBP One™ appointments, detailed further below).

CBP continually analyzes and responds to changes in migration patterns, particularly irregular migration outside of lawful pathways and border crossings. We work with our federal and international partners to combat human smuggling. The fact remains: the United States continues to enforce immigration law, and those without a legal basis to remain will be removed. Migrants attempting to enter without authorization are subject to removal under Title 8 authorities.

The U.S. Border Patrol has undertaken significant efforts in recent years to expand capacity to aid and rescue individuals in distress. To prevent the loss of life, CBP initiated a Missing Migrant Program in 2017 that locates noncitizens reported missing, rescues individuals in distress, and reunifies decedents’ remains with their families in the border region. In March, the U.S. Border Patrol conducted 439 rescues, a 77% increase from January 2024. This brings the FY 2024 total rescues to 2,488 . 

View more migration statistics and rescues statistics .  

CBP One™ App   

The CBP One™ mobile application remains a key component of DHS’s efforts to incentivize noncitizens to use lawful, safe, humane, and orderly pathways and processes. Generally, noncitizens who cross between the ports of entry or who present themselves at a port of entry without making a CBP One™ appointment are subject to the Circumvention of Lawful Pathways rule. This rule presumes asylum ineligibility for those who fail to use lawful processes, with certain exceptions. DHS encourages migrants to utilize lawful processes, rather than having migrants take the dangerous journey to cross unlawfully between the ports of entry, which also carries consequences under Title 8.

The CBP One™ app allows noncitizens throughout central or northern Mexico who lack documents sufficient for admission to the United States to schedule an appointment and remain in place until presenting at a preferred port of entry for their appointment, reducing migrants’ need to crowd into immediate border areas. Use of the CBP One™ app to schedule appointments at ports of entry has increased CBP’s capacity to process migrants more efficiently and orderly while cutting out unscrupulous smugglers who endanger and profit from vulnerable migrants.

In March, CBP processed 44,000 individuals through appointments at ports of entry utilizing advanced information submitted in CBP One™. Since the appointment scheduling function in CBP One™ was introduced in January 2023 through the end of March 2024, more than 547,000 individuals have successfully scheduled appointments to present at ports of entry using CBP One™ instead of risking their lives in the hands of smugglers. The top nationalities who have been processed are Venezuelan, Haitian, and Mexican.

A percentage of daily available appointments are allocated to the earliest registered CBP One™ profiles, so noncitizens who have been trying to obtain appointments for the longest time are prioritized. CBP is continually monitoring and evaluating the application to ensure its functionality and guard against bad actors. 

CHNV Parole Processes

On January 5, 2023, DHS announced processes providing certain Cubans, Haitians, and Nicaraguans, who have a supporter in the United States, undergo and clear robust security vetting, and meet other eligibility criteria, to come to the United States in a safe, orderly, and lawful way. These processes were built on the success of the process for Venezuelans established in October 2022; they are publicly available online, and DHS has been providing regular updates on their use to the public. This is part of the Administration’s strategy to combine expanded lawful pathways with stronger consequences to reduce irregular migration and have kept hundreds of thousands of people from migrating irregularly.

Through the end of March 2024, 404,000 Cubans, Haitians, Nicaraguans, and Venezuelans arrived lawfully on commercial flights and were granted parole under these processes. Specifically, 86,000 Cubans, 168,000 Haitians, 77,000 Nicaraguans, 102,000 Venezuelans were vetted and authorized for travel; and 84,000 Cubans, 154,000 Haitians, 69,000 Nicaraguans, and 95,000 Venezuelans arrived lawfully and were granted parole.

Safeguarding Communities by Interdicting Narcotics and Dangerous Drugs

As the largest law enforcement agency in the United States, CBP is uniquely positioned to detect, identify, and seize illicit drugs before they enter our communities. CBP’s combination of interdiction and intelligence capabilities, complemented by its border search authorities, scientific services, non-intrusive inspection equipment, and canine detection teams, places it at the forefront of the U.S. government’s efforts to combat illicit fentanyl and other dangerous drugs.

CBP continues to conduct operations, including Operation Apollo, which target the smuggling of illicit fentanyl and other dangerous drugs. These operations leverage intelligence and investigative information to target drug traffickers’ supply chains and interdict items required in the production of illicit fentanyl, including precursor chemicals, pill presses and parts, movement of finished product, and illicit proceeds.

Nationwide in March, fentanyl seizures increased by 16.1% compared to February and heroin seizures by 19.6% .

To date in FY 2024 through the end of March, CBP has seized 10,026 pounds of fentanyl. CBP has stopped more fentanyl in the last two years than in the previous five years combined, and we continue to optimize our intelligence and field operations to stop these deadly substances from reaching American communities. 

Additional CBP drug seizure statistics can be found on the Drug Seizure Statistics webpage .

Facilitating Lawful Trade and Travel 

 As international travel continues to increase, CBP is leveraging technology to streamline efficiency and increase security at air and land ports of entry. Travelers are encouraged to utilize CBP’s mobile apps to enhance their travel experience, including the Global Entry Mobile Application and Mobile Passport Control , as well as new Global Entry Touchless Portals at nearly all international airports across the United States, which protect passenger privacy and expedite arrival processing by eliminating paper receipts.

Travelers arriving by air into the United States increased 13.9% from March 2023 to March 2024, passenger vehicles processed at ports of entry increased by 2.9% , and pedestrians arriving by land at ports of entry increased 10.8% over the same period.  

CBP works diligently with the trade community and port operators to ensure that merchandise is cleared as efficiently as possible and to strengthen international supply chains and improve border security. In March 2024, CBP processed more than 2.8 million entry summaries valued at more than $275 billion , identifying estimated duties of nearly $6.2 billion to be collected by the U.S. government. In March, trade via the ocean environment accounted for 39.67% of the total import value, followed by air, truck, and rail.

View more travel statistics , and trade statistics . 

Protecting Consumers, Eradicating Forced Labor from Supply Chains, and Promoting Economic Security     

CBP continues to lead U.S. government efforts to eliminate goods from the supply chain made with forced labor from the Xinjiang Uyghur Autonomous Region of China. In March, CBP stopped 749 shipments valued at more than $32 million for further examination based on the suspected use of forced labor.

Intellectual property rights violations continue to put America’s innovation economy at risk. Counterfeit and pirated goods threaten the competitiveness of U.S. businesses, the livelihoods of American workers, and the health and safety of consumers.

Consumers are encouraged to be alert to the dangers of counterfeit goods especially when shopping online as they support criminal activity, hurt American businesses, and often have materials or ingredients that can pose serious health and safety risks. Every year CBP seizes millions of counterfeit products worth billions of dollars had they been genuine. In March, CBP seized 1,633 shipments that contained counterfeit goods valued at more than $384 million . More information about CBP’s intellectual property rights enforcement is available at https://www.cbp.gov/trade .

CBP is on the frontline of textiles and trade agreements enforcement, combating textile imports that are not compliant with U.S. trade laws. Protecting the domestic textile industry and American consumers is vital to U.S. national security, health care, and economic priorities. Toward this end, CBP is intensifying its targeting and enforcement efforts to increase and expedite the prosecution of illegal customs practices. CBP’s efforts include de minimis compliance, forced labor enforcement, cargo compliance, regulatory audits, and public awareness. This month DHS announced an enhanced strategy to combat illicit trade and level the playing field for the American textile industry, which accounts for over 500,000 U.S. jobs and is critical for our national security. The plan details the actions CBP and Homeland Security Investigations will take to hold perpetrators accountable for customs violations, and safeguard the American textile industry.

View more UFLPA enforcement statistics , and intellectual property rights enforcement statistics. 

Defending our Nation’s Agricultural System  

 Through targeting, detection, and interception, CBP agriculture specialists work to prevent threats from entering the United States.  

CBP issued 7,105 emergency action notifications for restricted and prohibited plant and animal products entering the United States in March 2024. CBP conducted 106,410 positive passenger inspections and issued 841 civil penalties and/or violations to the traveling public for failing to declare prohibited agriculture items.   

View more agricultural enforcement statistics . 

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the comprehensive management, control, and protection of our nation’s borders, combining customs, immigration, border security, and agricultural protection at and between official ports of entry.