How do Travel Documents work and how to get one

Living in the US without documents can imply, for certain people, to reach up to 30 years (or even more) without being able to go back to their home country and visit their family.

Passing through this situation is complex, and even more difficult if any family member has a disease or is advanced in age, is located in another country, and the person cannot leave the US due to the lack of documents. Even in these circumstances, some immigrants might not be willing to leave everything: their family, their children, their jobs, and their properties, for having the option to travel, however, are looking for a way to leave the US while their documents are still being processed.

Immigration law, in several procedures, provides a way to get a Travel Document while the case is still pending. This Travel Document comes along with a Work Permit and allows the holder to leave the US while their case with USCIS is still pending.

There is a way to get the Travel Document exclusively. Fo this, only one application is allowed and is approved according to the immigrant’s situation.

Ways to obtain a Travel Document

There are several methods: one is for those under the TPS status. Those under the TPS status can request a Travel Document with which they are able to leave the US and go back legally with a passport, to which a seal is placed when entering back to the US lawfully.

This is a huge benefit for those who first entered the country unlawfully. Re-entering lawfully with a seal in the passport provides a way to become a legal immigrant without leaving the US, and if you happen to have US citizen children in the future who reach 21 years old, or if you get to marry a US citizen, that’s another way to become a legal immigrant. For those who have DACA as well.

If you have a reason to exit the US, like the decease of a family member or any emergency with your family in your home country, you can request a Travel Document to USCIS. The approval of the Travel Document will provide a way to exit the US. It is important that the way back is also lawful.

The importance of having a lawful way back for those who have sons/daughters over 21 years old, or a spouse who is a US citizen; is that this provides the way to apply for an Adjustment of Status within the US.

Travel Documents are not only approved for DACA or TPS status holders. Those whose Permanent Residence procedure is still in process can ask for a Travel Document while the resolution is still pending.

It must be considered that each case is different and that there are cases for which an Adjustment of Status is not applicable.

If entered the US with a Tourist Visa, and have a spouse, son, or daughter (over 21 years old) who is a US citizen, that gives a way to obtain a Travel Document. For those who are under 245i law and are regularizing their migratory status through that way; or if any of your sons/daughters is or was in the US Army, that also gives the way to become a legal immigrant. That’s another way to apply for an Adjustment of Status. While the case is still pending, a Travel Document can be requested in order to exit the country.

For those who entered unlawfully to the US, and meet the Humanitarian visa requirements: U Visa, VAWA Visa, or T Visa; if it’s at the point when it is being applied to obtain a Permanent Residence, it is already an Adjustment of Status.

With a VAWA visa, if counting with a pending Adjustment of Status with USCIS, or if a T Visa case was already approved and is now in the process of obtaining Permanent Residence, you can request a Travel Document while the case is still pending with USCIS.

Possibilities of obtaining a Travel Document

Now, how sure is that a Travel Document can be obtained? That will depend on the case. The approbation of a Travel Document comes in a green sheet and specifically indicates that re-entering the country is not guaranteed, which must be handled cautiously. When exiting the US with a Travel Document, there are several factors that can put the case at risk.

If it counts with previous arrests or certain crimes in the US, it might not be a good idea to take that risk. When having crimes, it is recommended not to leave the country with just a Travel Document to evade being denied the reenter.

There are other factors that can affect, or increase the risk of being denied reentering to the US. Those with a procedure through Humanitarian Visas; like the U visa, the T visa, or the VAWA visa, if it counts with previous deportations, unlawful enters and exits, or problems with the immigration system, that could affect the reenter to the country.

For someone who has a previous deportation and has not abided by the deportation order, exiting the country, even with a Travel Document, can put his/her case at risk for the pure fact of exiting US territory.

For the case to be considered “clean” and the person considered suitable for exiting the country with a Travel Document, even when having in mind that even in this scenario there can be related risks, it must not have previous crimes, arrests, or deportations.

If the person has no deportation orders and has not committed any offenses against the law, like falsely claiming to be a US citizen, he/she might exit the country with a Travel Document.

Due to how variable can the result of a Travel Document be, it is recommended to talk with an immigration attorney about if it’s a good idea to exit the country given the specific situation.