Travel Documents

USCIS Issues Final Policy Memorandum for New Consolidated EAD & Travel Document

Employment Authorization Document

The USCIS recently release their final policy memorandum which is dated December 21, 2010 which provides for the issues of a single document/card for in place of the two separate documents which are currently being issues for the Employment Authorization Document and Travel Document. These two benefits are available to certain classes of non-immigrant and others who have pending applications for immigrant benefits. Applications for these benefits are currently made using USCIS forms I-765 (EAD) and Form I-131 (travel document.)

Return to U.S. on K1 Visa

My fiance is from Italy. I applied for a K1 visa for her which was approved. She obtained her K1 visa at the embassy in Italy and came to the U.S. A week or so after she arrived she learned that her father was very ill so she immediately returned to Italy. We had not been married yet. Her visa doesn't expire for another 60 days. Can she return to the U.S. using this visa?

My fiance entered the U.S. on a K1 visa and then left without obtaining a green card, can she return to the U.S.?

The K1 fiance visa is a single entry visa which means that it can only be used once to enter the United States. Thus, if the K1 visa holder is to return to the U.S. he or she will need some other sort of document or visa to return to the U.S. If the K1 visa holder leaves the U.S. without an Advanced Parole document or green card, he or she will not be able to return without obtaining a visa.

This is why it is critical that K1 visa holders do not depart the U.S. without either a travel document or green card in hand.

Entry documents for LPRs

I just returned from a trip to Mexico with my family. My wife is a lawful permanent resident. I have written several articles before on issues related to foreign travel and LPRs and the requirements for reentry. Although technically, one only needs a valid and unexpired lawful permanent resident card to return to the U.S. as a lawful permanent resident, on this trip the immigration officer requested to see my wife's passport.

So, for those of you LPR's traveling abroad its probably a good idea to make sure you have a valid passport to take along with you as well.

Lawful permanent residents and travel abroad

Lawful permanent residents of the U.S. are allowed to travel abroad and reenter the U.S. as a lawful permanent resident upon presentation of their "green card" and a valid passport. However, some LPRs can run into trouble if their trip abroad exceeds 12 months or if other evidence suggests that the LPR may have abandoned his or her residency.

If you are an LPR and plan to be abroad for more than 12 months it is critical that you apply for advanced permission to return to the U.S. If you fail to do this before you depart you may find yourself in removal proceedings the next time you return.

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