[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR223.2]



[Page 402-403]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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 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.



[[Page 403]]



    (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]