Practice Tips for I-131 Reentry Permits and Refugee Travel Documents
AILA’s Nebraska Service Center Liaison Committee provides practice tips regarding I-131 Reentry Permits and Refugee Travel Documents (not applicable to Advance Paroles).
How far ahead should I file an I-131 for a second or subsequent reentry permit or refugee travel document?
8 CFR Part 223.2 states that an application for a reentry permit or refugee travel document shall be denied if the previously issued travel document is still valid (unless evidence is provided that it was lost), however, the NSC has informed AILA that it allows the filing of a new reentry permit or refugee travel document even while the previously issued travel document is still valid. If the new application is filed with 30 days or less remaining on the old travel document, NSC will not issue a RFE requesting a copy of the previously issued travel document. Applications filed more than 30 days before the expiration of the travel document will be issued a RFE asking for the VALID travel document before the new travel document is issued. NSC has expressed that practitioners submitting the new I-131 up to 60 days ahead of the expiration of the old travel document would also allow time for receipting of the application and issuance of the ASC appointment before adjudications.
Example: An applicant wants to travel overseas. The applicant would submit the I-131 application, however, there are still 30 days left on the still valid travel document that was issued approximately two years ago (reentry permit). The applicant would not need to submit the travel document with the new application. This would allow the applicant to travel on the old document while the new application is being processed. If the applicant has more than 30 days left on their old reentry permit the applicant could still file an application, however, before NSC could adjudicate the application the officer would need to do a "Request for Evidence" letter and ask for the still valid document (this would not be done for anything less than 30 days).
My client received only one year validity on the reentry permit; shouldn't it be two years?
8 CFR 223.1(2) "Extended Absences" states that a reentry permit issued to a person who, since become a legal permanent resident, or during the last 5 years, whichever is less, has been outside the U.S. for more than 4 years in the aggregate will be limited to one year validity. There are exceptions where a two year validity can be issued, and those are separately listed out in the regulations. On page 2 under Part 5 of the I-131 application, it states, "Since becoming a permanent resident of the United States (or during the past five years, whichever is less) how much total time have you spent outside the United States?" If the applicant marked/checked, "more than four years," then he or she will only be given one year.
Source:AILA