[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR223.2]

[Page 414-415]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 223--REENTRY PERMITS, REFUGEE TRAVEL DOCUMENTS, AND ADVANCE PAROLE DOCUMENTS--Table of Contents
 
Sec. 223.2  Processing.

    (a) General. An application for a reentry permit, refugee travel 
document, or advance parole document must be filed on Form I-131, with 
the fee required in Sec. 103.7 of this chapter and with the initial 
evidence required on the application form.
    (b) Eligibility--(1) Reentry permit. Except as otherwise provided in 
this section, an application may be approved if filed by a person who is 
in the United States at the time of application and is a lawful 
permanent resident or conditional permanent resident.
    (2) Refugee travel document--(i) General. Except as otherwise 
provided in this section, an application may be approved if filed by a 
person who is in the United States at the time of application, and 
either holds valid refugee status under section 207 of the Act, valid 
asylum status under section 208 of the Act, or is a permanent resident 
and received such status as a direct result of his or her asylum or 
refugee status.
    (ii) Discretionary authority to adjudicate an application from an 
alien not within the United States. As a matter of discretion, a 
district director having jurisdiction over a port-of-entry or a 
preinspection station where an alien is an applicant for admission, or 
an overseas district director having jurisdiction over the place where 
an alien is physically present, may accept and adjudicate an application 
for a refugee travel document from an alien who previously had been 
admitted to the United States as a refugee, or who previously had been 
granted asylum status in the United States, and who had departed from 
the United States without having applied for such refugee travel 
document, provided:
    (A) The alien submits a Form I-131, Application for Travel Document, 
with the fee required under Sec. 103.7(b)(1) of this chapter;
    (B) The district director is satisfied that the alien did not intend 
to abandon his or her refugee status at the

[[Page 415]]

time of departure from the United States;
    (C) The alien did not engage in any activities while outside the 
United States that would be inconsistent with continued refugee or 
asylee status; and
    (D) The alien has been outside the United States for less than 1 
year since his or her last departure.
    (c) Ineligibility--(1) Prior document still valid. An application 
for a reentry permit or refugee travel document shall be denied if the 
applicant was previously issued a reentry permit or refugee travel 
document which is still valid, unless it was returned to the Service or 
it is demonstrated that it was lost.
    (2) Extended absences. A reentry permit issued to a person who, 
since becoming a permanent resident, or during the last 5 years, 
whichever is less, has been outside the United States for more than 4 
years in the aggregate, shall be limited to a validity of one year, 
except that a permit with a validity of two years may be issued to:
    (i) A permanent resident as defined in 8 CFR 211.1(b)(1)(ii) or 
211.1(b)(4);
    (ii) A permanent resident employed by a public international 
organization of which the United States is a member by treaty or 
statute, and his or her permanent resident spouse and children; or
    (iii) A permanent resident who is a professional athlete who 
regularly competes in the United States and worldwide.
    (3) Permanent resident entitled to nonimmigrant diplomatic or treaty 
status. A permanent resident entitled to nonimmigrant status under 
section 101(a)(15) (A), (E), or (G) of the Act because of occupational 
status may only be issued a reentry permit if the applicant executes and 
submits with the application, or has previously executed and submitted, 
a written waiver on Form I-508 required by section 247(b) of the Act and 
part 247 of this chapter and, if applicable, Form I-508F (election as to 
tax exemption under the Convention between the United States and the 
French Republic) required by part 247 of this chapter.
    (d) Effect of travel before a decision is made. Departure from the 
United States before a decision is made on an application for a reentry 
permit or refugee travel document shall not affect the application.
    (e) Processing. Approval of an application is solely at the 
discretion of the Service. If the application is approved, the requested 
document shall be issued as provided in this part.
    (f) Issuance. A reentry permit or refugee travel document may be 
sent in care of a United States Consulate or an overseas office of the 
Service if the applicant so requests at the time of filing. Issuance of 
a reentry permit or refugee travel document to a person in exclusion or 
deportation proceedings shall not affect those proceedings.
    (g) Appeal. Denial of an application for a reentry permit or refugee 
travel document may be appealed to the Service's Administrative Appeals 
Unit.

[59 FR 1464, Jan. 11, 1994, as amended at 62 FR 10352, Mar. 6, 1997]