What Is a Refugee Travel Document and Who Can Get One?
For refugees and people who have been granted asylum in the United States, international travel can be more complicated than simply buying a ticket and using a regular passport.
A Refugee Travel Document (RTD) is a travel document issued by the U.S. government to certain people who have refugee or asylee status. It can be used for international travel and is particularly important for people who may not be able to safely use or obtain a passport from their country of nationality.
But having a Refugee Travel Document does not mean that every country will accept it as a passport, and it does not automatically guarantee that you will be allowed to return to the United States.
Here is what refugees, asylees, and qualifying permanent residents should know.
What Is a Refugee Travel Document?
A Refugee Travel Document is a document issued by U.S. Citizenship and Immigration Services (USCIS) to certain individuals with refugee or asylee status.
USCIS states that an RTD may be issued to a person who has valid refugee or asylee status. It can also be issued to a lawful permanent resident who obtained permanent residence directly as a result of refugee or asylee status.
The document is designed to provide a way for eligible individuals to travel internationally without relying on a passport issued by the country from which they received protection.
For someone with refugee or asylee status, this can be an important document to obtain before planning international travel.
Who Can Get a Refugee Travel Document?
Generally, three groups may qualify for a Refugee Travel Document through USCIS.
1. A person with valid refugee status
A person who has been admitted to the United States as a refugee may apply for a Refugee Travel Document.
The document can be particularly important because a refugee may not want to use a passport issued by the country from which the person fled.
2. A person with valid asylee status
A person who has been granted asylum in the United States may also apply for a Refugee Travel Document.
This is different from simply having a pending asylum application.
A pending asylum applicant should not assume that being allowed to remain in the United States while the asylum case is pending automatically makes the person eligible for an RTD. The USCIS Form I-131 instructions specifically identify people who currently hold refugee or asylee status as applicants for a Refugee Travel Document.
In other words, an asylum applicant whose case has not yet resulted in a grant of asylum generally needs to look at the travel-document rules that apply to their particular immigration situation rather than assuming an RTD is available.
3. Certain lawful permanent residents
A lawful permanent resident may also qualify for a Refugee Travel Document if the person obtained permanent resident status directly as a result of refugee or asylee status.
USCIS specifically includes this category on Form I-131.
However, not every green card holder qualifies for an RTD simply because the person once had an immigration case involving humanitarian protection.
If you are a permanent resident, the basis on which you obtained permanent residence matters.
Is a Refugee Travel Document the Same as a Passport?
No.
A Refugee Travel Document is not the same thing as a U.S. passport.
A U.S. passport is generally issued to U.S. citizens and certain U.S. nationals. A Refugee Travel Document is issued by USCIS to qualifying individuals with refugee or asylee status and certain permanent residents.
The RTD is primarily a travel document for international travel. Whether a particular foreign country will allow you to enter using it depends on that country's immigration and visa rules.
Therefore, before purchasing an airline ticket, travelers should check the entry requirements of the country they intend to visit.
Do You Need a Refugee Travel Document to Leave the United States?
Leaving the United States and being able to return to the United States are two different issues.
For people with refugee or asylee status who are not lawful permanent residents, USCIS warns that they generally need a Refugee Travel Document to return to the United States after traveling abroad, unless they possess an appropriate Advance Parole Document.
That is why international travel should be planned carefully.
Having permission to leave or physically leaving the United States does not by itself resolve the question of whether you will be able to return.
Does a Refugee Travel Document Guarantee Reentry to the United States?
No.
This is one of the most important points to understand.
A Refugee Travel Document does not guarantee admission to the United States.
USCIS explains that a DHS officer at the U.S. port of entry will determine whether the traveler is admissible when returning to the United States.
Therefore, an RTD should not be viewed as an unconditional guarantee that a person can return to the United States after traveling abroad.
Immigration history, changes in status, criminal or immigration issues, and other circumstances can potentially affect a person's ability to return.
Can You Travel to Your Home Country With a Refugee Travel Document?
This is where extra caution is necessary.
A Refugee Travel Document may allow an eligible person to travel internationally, but traveling to the country from which the person claimed persecution or sought protection can create serious immigration questions depending on the circumstances.
For example, an asylee may be asked why they returned to a country they previously claimed they could not safely return to.
Travel to the country of feared persecution can potentially raise questions concerning the person's continuing need for protection or other aspects of their immigration status.
That does not mean every trip automatically results in loss of status. However, the circumstances of the trip can matter.
Before traveling to the country from which you received protection, it is wise to obtain individualized legal advice from a qualified immigration attorney or DOJ-accredited representative.
How Do You Apply for a Refugee Travel Document?
The usual application is Form I-131, Application for Travel Document.
The current USCIS Form I-131 specifically provides application categories for:
A person who currently holds U.S. refugee or asylee status and is applying for a Refugee Travel Document; and
A permanent resident who obtained that status directly as a result of refugee or asylee status.
Applicants should use the current USCIS form and follow the filing instructions that apply to their particular situation.
USCIS filing procedures and fees can change, so it is better to check the current USCIS Form I-131 instructions immediately before filing rather than relying on an old article, form, or fee amount.
What Information Is Important When Applying?
An applicant should carefully review the Form I-131 instructions and provide the information requested by USCIS.
The application may involve information concerning the applicant's identity, immigration status, intended travel, previous travel documents, and other relevant information.
If you previously received a Refugee Travel Document, USCIS asks for information concerning the previously issued document in the circumstances specified by the form.
A mistake in the application can cause delays or other problems, so applicants should not rush through the form simply because they want to travel quickly.
How Long Does It Take to Get a Refugee Travel Document?
Processing times can change and can vary depending on the type of travel-document request and USCIS workload.
USCIS publishes processing-time information for Form I-131, but the agency cautions that the general I-131 processing data covers different types of travel-document requests and does not necessarily represent the processing time for every specific type of request.
For that reason, travelers should avoid purchasing non-refundable international tickets based on an assumption that the document will arrive by a particular date.
If travel is urgent, check the current USCIS guidance for emergency or expedited processing options that may apply to your circumstances.
Can You Use an RTD Instead of Your Home-Country Passport?
An RTD can serve an important travel-document function, but travelers should not assume that it will be treated exactly like a passport everywhere.
The country you want to visit may have its own rules concerning:
Whether it accepts a U.S. Refugee Travel Document;
Whether an entry visa is required;
How long the document must remain valid;
Whether the traveler needs additional documentation; and
Whether the document is accepted for transit through another country.
Before traveling, check the immigration requirements of every country involved in the journey, including countries where you will only have a connecting flight.
What Happens If Your Refugee Travel Document Expires?
An expired travel document can create practical problems when traveling internationally.
A traveler should check the expiration date well before planning a trip and determine whether a new document is required.
Do not wait until the last moment if you know you will need to travel.
It is also important to understand that airlines and foreign immigration authorities may have their own document requirements. Possessing an expired RTD is not the same as possessing a valid travel document for international travel.
Can a Refugee Travel Document Be Used for International Travel and Return to the U.S.?
Potentially, yes, but the document serves a specific purpose and does not eliminate all immigration requirements.
For eligible refugees and asylees, an RTD can provide the travel documentation needed for international travel and return to the United States.
However, USCIS makes clear that the final decision concerning admission is made by DHS at the port of entry.
Travelers should therefore carry their valid immigration and travel documents and be prepared for inspection when returning to the United States.
What Should You Do Before Traveling?
If you have refugee or asylee status and are considering international travel, a simple checklist can help prevent avoidable problems.
First, check that your immigration status is valid.
Second, make sure you have the appropriate travel document before leaving the United States.
Third, check the entry requirements of the country you intend to visit.
Fourth, check the transit requirements for any country where your flight will connect.
Fifth, keep copies of important immigration and travel documents in a secure location.
Finally, think carefully before traveling to the country from which you originally sought protection. If your proposed trip could raise questions about your refugee or asylee status, consider getting individualized legal advice before making travel arrangements.
Refugee Travel Document vs. Advance Parole
These two documents are sometimes confused because both can relate to international travel.
A Refugee Travel Document is specifically associated with qualifying refugee or asylee status and certain permanent residents who obtained their status directly from refugee or asylee status.
Advance Parole is a different type of travel document used in other immigration circumstances.
USCIS treats these as separate categories under Form I-131.
Therefore, you should not automatically file for Advance Parole simply because you need to travel, or assume that every I-131 applicant is applying for the same type of document.
The correct travel document depends on the person's immigration status and circumstances.
Conclusion
A Refugee Travel Document is an important U.S. immigration travel document for eligible refugees, asylees, and certain lawful permanent residents who obtained permanent residence as a direct result of refugee or asylee status.
It can make international travel possible for people who may not be able or willing to rely on a passport from their country of nationality.
But getting an RTD is only one part of safe international travel.
You should also confirm that the destination country accepts the document, determine whether a visa is required, check transit rules, and consider the immigration consequences of returning to a country where you previously claimed persecution or feared harm.
Most importantly, a Refugee Travel Document does not guarantee admission back into the United States. USCIS states that admissibility is ultimately determined by DHS at the U.S. port of entry.
Official Sources
- USCIS — Form I-131, Application for Travel Document
- USCIS — Form I-131 Instructions
- USCIS — Case Processing Times
Legal Disclaimer
This article provides general information about U.S. immigration law and is intended for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Immigration rules, forms, filing procedures, fees, and government policies can change. Always check the latest information from USCIS and consider speaking with a qualified immigration attorney or authorized legal representative about your individual circumstances.
Comments
Post a Comment
Comment should be in the form of message and helpful to the viewers