Found yourself wondering, “My i-131 is approved: what next”?

When your Form I-131, Application for Travel Document, is approved, it opens up important possibilities for international travel and re-entry into the U.S. without jeopardizing your immigration status. 

This article will explain what happens next after your I-131 approval, with a focus on individuals who are in the process of adjustment of status through marriage. We will cover how to use your newly issued travel document, key steps to follow, and things to avoid.

What is Form I-131?

Form I-131 is the application for a travel document, typically used by individuals in the U.S. who need to travel abroad while their immigration status is pending. Depending on your situation, your I-131 approval may result in one of the following documents:

  • Advance Parole Document: For adjustment of status applicants, including marriage-based green card applicants, this document allows you to re-enter the U.S. without abandoning your green card application.
  • Re-entry Permit: For green card holders, this is used to re-enter the U.S. after an extended absence (usually more than one year).
  • Refugee Travel Document: For asylees and refugees, this allows international travel while protecting your status in the U.S.

What Happens After Your I-131 is Approved?

Once your I-131 is approved, the next steps depend on the type of travel document you applied for. For those adjusting their status through marriage, the most common approval is for an Advance Parole Document. Here’s what to do next:

1. Receive Your Travel Document

After approval, you will receive your Advance Parole Document by mail. This document may be issued separately or combined with your Employment Authorization Document (EAD) in a combo card. The card will specify “Serves as I-512 Advance Parole” if it allows travel.

2. Understand the Validity Period

Your travel document has a validity period, typically one year. You must travel and return within this period, or else the document expires. If you have not received your green card by the time your Advance Parole expires, you can file for renewal by submitting a new I-131 application.

3. Check Your Current Status

Before traveling, confirm your current immigration status. If you’re in the adjustment of status process, ensure there are no additional restrictions on travel (such as a pending removal order or inadmissibility concerns).

4. Plan Your Trip

You are now eligible to travel internationally, but it’s important to be cautious. Make sure your travel plans align with your case status. While your I-131 is approved, it does not guarantee re-entry. U.S. Customs and Border Protection (CBP) officers at the port of entry can still deny entry if they determine you are inadmissible. Common reasons for inadmissibility include:

  • Criminal activity
  • Fraud or misrepresentation in immigration matters
  • Unresolved inadmissibility issues related to health or public charge

5. Keep Key Documents With You

When traveling, carry the following:

  • Your Advance Parole document (or combo card)
  • A copy of your I-485 receipt notice
  • Your valid passport
  • Proof of ongoing adjustment of status, if applicable

These documents will help demonstrate that you are in the process of adjusting your status and have permission to travel.

6. Notify USCIS of Any Changes

If your travel plans change or you encounter any issues while abroad, contact USCIS or your immigration attorney. It’s critical to return to the U.S. within the authorized period and remain compliant with any other immigration requirements.

Common Questions After I-131 Approval

Is It Safe to Travel With Advance Parole?

In most cases, yes. However, travel always carries a risk, particularly for individuals with pending adjustment of status applications. If you have any immigration violations or criminal issues in your history, consult with an immigration attorney before traveling.

What If I Am Denied Re-entry to the U.S.?

Although rare, being denied re-entry is possible. If this happens, you may need to provide additional documentation or challenge the decision through legal channels. An immigration attorney can help you navigate this process if necessary.

How Long Can I Stay Abroad?

With an Advance Parole document, it’s best to limit your travel to short trips. Extended stays abroad (beyond a few months) could raise concerns with USCIS regarding your intent to permanently reside in the U.S., which may affect your adjustment of status application.

Can I Renew My Advance Parole Document?

Yes, if you need to travel again and your green card application has not yet been approved, you can renew your Advance Parole by submitting a new I-131 application. It’s recommended to file for renewal at least 120 days before your current document expires to avoid gaps in coverage.

Risks and Considerations

While travel is permitted with an approved I-131, there are risks involved. Some key considerations include:

  • Green Card Approval During Travel: If your green card is approved while you are outside the U.S., USCIS will issue it to your U.S. address. If this happens, consult with your attorney to ensure a smooth re-entry.
  • Immigration Status Complications: If you have any unresolved legal issues or potential grounds for inadmissibility, it’s essential to consult with an immigration attorney before traveling. CBP officers have broad authority at ports of entry, and any complications could lead to being denied re-entry.

Conclusion

Having your I-131 approved is an exciting step, especially if you’re adjusting your status through marriage. However, careful planning is necessary to ensure your travel does not interfere with your ongoing immigration process. Understanding how to use your Advance Parole document properly, and being aware of the risks, will help make your travel experience smooth and stress-free.

For more guidance on how to manage your immigration status or adjust your status after marriage, consult with an experienced immigration attorney who can provide tailored advice based on your situation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the writer does not recommend or endorse the contents of the third-party sites.

Readers of this website should contact a licensed attorney to obtain advice with respect to any particular legal matter.