The importance and understanding of a USCIS Travel Document (Form I-131)

What is a Travel Document? (I-131)

Depending on what your immigration status in the USA a form I-131 Travel Document may or may not apply to you. However, for certain immigrants who are in this country under certain status such as DACA or a Temporary Protected Stay (TPS), a travel Document is extremely important if you intend to leave the country and return. The way the law is written right now, people with DACA or TPS are not allowed to reenter the country if they leave. So, let’s pretend you have DACA or TPS and you leave the USA to go on vacation. Upon your entry back into the USA it’s very possible that the Department of Homeland Security does not let you enter the country. That is why you need to apply for a Travel Document before you leave.

Applying for a Travel Document (I-131)

To apply for a travel document, you must fill out application with USCIS on form I-131. The purpose of the document is to acquire USCIS approval so that you can leave and then return into the country. You can only get a travel document for the reasons listed by law. The most common one is for humanitarian reasons such as a sick family member or a special event that USCIS deems worthy. Once your travel permit is granted you can leave the country and then upon entry show them your travel permit and they will let you back into the country. If you leave the country without it, you risk not being allowed to enter the country again.

Using the Travel Document as a Legal Entry

However, the travel document also has another function. People who are here under DACA or TPS and have an immediate relative who can petition for their green card, the travel document can be a game changer. Currently the rules state that if you entered the USA legally you can apply to get your green card while being in the USA. However, in the 5th Circuit (Houston), the law doesn’t recognize DACA or TPS as a legal entry. Therefore, if they want to get a green card they must leave the USA. However, now that we know about the travel document it is possible to apply for one and if granted use it as your legal entry. Let’s pretend someone gets a travel document, leaves to Japan and comes back in. The government will allow them entry because of their travel document and now they have a LEGAL entry into the country and can now apply for their green card in the USA.

Therefore, applying for a travel Document for people who have DACA or TPS can be a game-changer when it comes to getting a green card.