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When Do You Get The Travel Document And EAD In The Green Card Process

Published:

Modified: December 28, 2023

by Hettie Braddock

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Introduction

When going through the green card process in the United States, there are certain documents that are essential for travel and employment. Two of these important documents are the Travel Document, also known as an Advance Parole, and the Employment Authorization Document (EAD). These documents allow individuals to travel outside the country and work legally while their green card application is being processed.

 

Obtaining the Travel Document and EAD is crucial as they provide individuals with the ability to travel and work without jeopardizing their immigration status. It is essential to understand the eligibility criteria, application process, and expected timelines for receiving these documents to ensure a smooth transition throughout the green card process.

 

In this article, we will explore the eligibility requirements for the Travel Document and EAD, the application procedures for both, the processing times, and finally, when and how these documents are received. By understanding these important aspects of the green card process, individuals can better navigate their immigration journey with confidence and peace of mind.

 

Eligibility for Travel Document (Advance Parole) and Employment Authorization Document (EAD)

Before applying for the Travel Document (Advance Parole) or the Employment Authorization Document (EAD), it is crucial to determine if you are eligible for these documents. Let’s explore the eligibility criteria for each:

Travel Document (Advance Parole)

The Travel Document, also known as Advance Parole, is issued to individuals who have an ongoing green card application process and need to travel outside the United States. To be eligible for the Travel Document, you must fall into one of the following categories:

  • Adjustment of Status applicants: Individuals who have filed Form I-485, Application to Register Permanent Residence or Adjust Status.
  • Refugee or Asylee applicants: Individuals who have filed Form I-589, Application for Asylum and for Withholding of Removal.
  • TPS (Temporary Protected Status) beneficiaries: Individuals who have been granted Temporary Protected Status by the United States Citizenship and Immigration Services (USCIS).
  • Certain individuals with pending applications or petitions: This includes individuals with pending immigrant visa petitions, VAWA (Violence Against Women Act) self-petitions, or U (nonimmigrant status) visa applications.

Employment Authorization Document (EAD)

The Employment Authorization Document (EAD) allows individuals to work legally in the United States while their green card application is being processed. To be eligible for the EAD, you must fall into one of the following categories:

  • Adjustment of Status applicants: Individuals who have filed Form I-485, Application to Register Permanent Residence or Adjust Status.
  • Refugee or Asylee applicants: Individuals who have filed Form I-589, Application for Asylum and for Withholding of Removal.
  • Certain nonimmigrants: This includes individuals with specific visa categories such as F-1 students seeking employment due to severe economic hardship, L-2 spouses of L-1 visa holders, and individuals with pending applications for U nonimmigrant status, among others.
  • Spouses of certain nonimmigrants: This includes spouses of E-1 treaty traders, E-2 treaty investors, or L-1 intracompany transferees.

It is important to note that eligibility requirements for the Travel Document (Advance Parole) and the Employment Authorization Document (EAD) can vary based on individual circumstances. It is advisable to consult the USCIS website or seek legal guidance to ensure your eligibility before applying for these documents.

 

Applying for Form I-131 (Application for Travel Document)

Applying for the Travel Document, also known as Form I-131, is an important step in obtaining the necessary authorization to travel outside the United States while your green card application is being processed. Here is a step-by-step guide on how to apply for Form I-131:

Step 1: Gather Required Documents

Before beginning the application process, ensure that you have the following documents ready:

  • Completed Form I-131 (available on the USCIS website) with the appropriate filing fee.
  • Evidence of your eligibility for the Travel Document, such as supporting documents for the eligible categories mentioned earlier.
  • Photocopies of any previously issued Travel Documents, if applicable.
  • Photocopies of any government-issued identity documents, such as a passport, driver’s license, or birth certificate.
  • Any additional documents required based on your specific circumstances. It is advisable to consult the USCIS instructions for Form I-131 to ensure you have all the necessary documentation.

Step 2: Complete Form I-131

Fill out Form I-131 accurately and completely. Provide the required information, including your personal details, immigration status, travel plans, and the reason for your travel outside the United States. Double-check for any errors before submitting the form.

Step 3: Pay the Filing Fee

Include the appropriate filing fee with your application. The USCIS website provides current fee information, as well as acceptable payment methods. Ensure that you submit the correct fee amount to avoid processing delays.

Step 4: Assemble the Application Package

Compile all the required documents, including the completed Form I-131 and the filing fee, into a neat and organized application package. Make sure to include copies of any supporting documents and keep the original documents for your records. It is recommended to create a checklist to ensure you have included all the necessary items.

Step 5: Submit the Application

Mail the completed application package to the appropriate USCIS Lockbox facility. The USCIS website provides information on the correct mailing address based on your location and the eligibility category you fall under. It is recommended to use a trackable mailing service to ensure the secure delivery of your application.

Step 6: Track the Application Status

Once your application is received, you will be assigned a receipt number. This number can be used to track the status of your application on the USCIS website. It is essential to regularly check the status of your application to stay informed about any updates, requests for additional evidence, or the approval of your Travel Document.

 

By following these steps and ensuring the accuracy and completeness of your application, you will be on your way to obtaining the Travel Document (Form I-131) and the authorization to travel outside the United States during your green card process.

 

Applying for Form I-765 (Application for Employment Authorization)

As part of the green card application process, individuals may need to apply for the Employment Authorization Document (EAD) by submitting Form I-765. This document allows you to legally work in the United States while your green card application is being processed. Here is a step-by-step guide on how to apply for Form I-765:

Step 1: Determine Eligibility

Before applying for Form I-765, ensure that you are eligible for an Employment Authorization Document. Review the eligibility categories, which include adjustment of status applicants, asylum seekers, students facing economic hardship, spouses of certain visa holders, and more. Make sure you meet the requirements specified by the United States Citizenship and Immigration Services (USCIS).

Step 2: Gather Required Documents

Collect the necessary documents for your Form I-765 application. These may include:

  • Completed Form I-765, available on the USCIS website.
  • Supporting documents that demonstrate your eligibility category, such as a copy of your I-94 arrival/departure record, Form I-797 (Notice of Action), or other relevant documents.
  • Two passport-style photos as per the USCIS guidelines.
  • Photocopies of any previously issued Employment Authorization Documents, if applicable.
  • Applicable fees or a fee waiver request, as determined by the USCIS fee schedule.

Step 3: Complete Form I-765

Fill out Form I-765 accurately and completely, providing all the necessary information. Be sure to include your personal details, eligibility category, employment history, and any other required information. Review your form for errors or omissions before proceeding.

Step 4: Pay the Filing Fee

Include the appropriate filing fee with your Form I-765 application. The USCIS provides the current fee information on their website, including any exemptions or fee waivers that may apply to certain individuals. Double-check the payment amount and acceptable payment methods to ensure a smooth submission.

Step 5: Assemble the Application Package

Compile all the required documents, including the completed Form I-765, supporting documents, photographs, and the filing fee, into a comprehensive application package. Follow the USCIS guidelines for organizing and labeling your application.

Step 6: Submit the Application

Mail the completed application package to the appropriate USCIS Lockbox facility. Ensure you use the correct address designated for Form I-765 submissions and consider using a trackable mailing service for added security. Retain a copy of the entire application for your records.

Step 7: Track the Application Status

Upon successful submission, you will receive a USCIS receipt notice with a unique receipt number. Use this number to track the status of your application on the USCIS website. Regularly checking the status will keep you informed about any updates, requests for additional evidence, or the approval of your Employment Authorization Document.

 

By following these steps and ensuring the accuracy of your application, you will be on your way to obtaining the Employment Authorization Document (Form I-765) and the ability to legally work in the United States throughout your green card process.

 

Processing Times for Travel Document and EAD

Understanding the processing times for the Travel Document (Advance Parole) and Employment Authorization Document (EAD) is important to set realistic expectations and plan your travel and employment accordingly. The processing times can vary based on factors such as USCIS workload, the volume of applications, and other external factors. Here is some information on the processing times:

 

The USCIS provides estimated processing times on their website, which can give you a general idea of how long it may take to receive your Travel Document or EAD. These estimates are subject to change and serve as a guideline rather than a guarantee. It is advisable to regularly monitor the USCIS website for updates and changes in processing times.

Travel Document (Advance Parole) Processing Times

The processing time for the Travel Document (Advance Parole) varies, but on average, it can take around 3 to 5 months from the date of submission. However, it is important to note that this is an estimate and there can be significant variations. Certain factors, such as an expedited processing request or an emergency situation, may lead to faster processing times.

Employment Authorization Document (EAD) Processing Times

The processing time for the Employment Authorization Document (EAD) also varies, but on average, it can take around 3 to 6 months from the date of submission. Again, this is an estimated timeframe, and there can be variations based on individual circumstances and USCIS workload. Certain categories, such as adjustment of status applicants, may have different processing times due to priority processing.

 

In some cases, the USCIS may experience delays or require additional information or documentation, leading to longer processing times. It is important to regularly check the status of your application using the USCIS online tracking system. If there are significant delays beyond the estimated processing times, you may consider contacting the USCIS National Customer Service Center for assistance.

 

It’s worth noting that premium processing, which guarantees a faster processing time for certain applications, is currently not available for Form I-131 (Travel Document) and Form I-765 (Employment Authorization Document) applications. However, there may be exceptions for certain cases or emergency requests, which can be explored by contacting the USCIS directly.

 

Lastly, it is important to plan your travel and employment arrangements accordingly, taking into account the estimated processing times. Avoid making any travel plans or commitments until you have received your Travel Document, and ensure that your employment plans take into consideration the estimated processing times for the EAD. Staying informed and patient during the process will help you navigate the green card journey smoothly.

 

Receiving the Travel Document and EAD

Once your application for the Travel Document (Advance Parole) or Employment Authorization Document (EAD) has been processed and approved, you will receive these important documents. Here is what you need to know about receiving the Travel Document and EAD:

Notification of Approval

When your application is approved, the United States Citizenship and Immigration Services (USCIS) will notify you through an approval notice. This notice will provide details about the approval and may also include the validity dates for the Travel Document or the Employment Authorization Document.

Travel Document (Advance Parole)

If your application for the Travel Document is approved, you will receive the actual document by mail. The Travel Document typically comes in the form of a card, similar to a passport, that includes your identifying information and the authorized travel dates. It is important to carefully review the document for accuracy and validity dates.

Employment Authorization Document (EAD)

If your application for the Employment Authorization Document is approved, you will also receive the actual document by mail. The EAD card includes your name, photograph, and other identifying information. It serves as proof of your authorization to work legally in the United States. It is crucial to verify the accuracy of the information on the card and check the validity dates.

Use and Retention of the Documents

Once you receive the Travel Document or the Employment Authorization Document, it is essential to use them responsibly and in accordance with their intended purposes:

  • Travel Document (Advance Parole): If you have received the Travel Document, it allows you to travel outside the United States and re-enter the country while your green card application is pending. Make sure to carry the Travel Document with you when traveling and present it to immigration officials upon entry and departure.
  • Employment Authorization Document (EAD): If you have received the Employment Authorization Document, you can use it as proof of your authorization to work legally in the United States. Present the EAD to your employer when starting a new job or to verify your employment eligibility as required.

It is important to retain a copy of both the Travel Document and the Employment Authorization Document for your records. Keep the originals in a safe and secure location, as you may need to provide them as documentation throughout your green card process or when renewing these documents in the future.

 

If there are any discrepancies or errors on your Travel Document or EAD, contact the USCIS immediately to address the issue and request any necessary corrections or replacements. It is crucial to ensure that your documents are accurate and up to date.

 

Receiving the Travel Document or Employment Authorization Document is a significant milestone in the green card process. These documents provide you with the ability to travel outside the United States and work legally while your green card application is being processed. Make sure to use them responsibly and retain them securely until the completion of your green card journey.

 

Conclusion

Obtaining the Travel Document (Advance Parole) and Employment Authorization Document (EAD) are crucial steps in the green card process, allowing individuals to travel outside the United States and work legally while their green card application is being processed. By understanding the eligibility criteria, application process, processing times, and how to receive these documents, individuals can navigate their immigration journey with confidence.

 

When applying for the Travel Document (Form I-131) or the Employment Authorization Document (Form I-765), it is important to gather the necessary documents, complete the forms accurately, pay the required fees, and submit the application package to the proper USCIS facility. Tracking the application status regularly is essential for staying informed about any updates or requests from the USCIS.

 

Keep in mind that processing times for the Travel Document and EAD can vary, so it is crucial to plan your travel and employment arrangements accordingly and avoid making commitments until you have received these documents. Once approved, you will receive the actual Travel Document or EAD by mail, and it is important to review them for accuracy and validity dates.

 

Remember to retain a copy of the Travel Document and EAD for your records and use them responsibly according to their intended purposes. If you notice any discrepancies or errors on the documents, contact the USCIS promptly to address the issue and request any necessary corrections.

 

Obtaining the Travel Document and EAD provides individuals with the necessary documentation to travel outside the United States and work legally during their green card process. By following the application process diligently, staying informed about the processing times, and responsibly using these documents, individuals can smoothly progress through their green card journey.