Travel Permit
Important Update!
Is it safe to travel on AP/Travel Permit right now?
Important Information
Before Traveling
Outside the U.S. With Your Travel Permit
As lawyers, we want you to know that there is always a risk when traveling outside the U.S. with your travel permit. This risk cannot be completely eliminated, but there are steps you can take to reduce it.
Until recently, we had not heard of anyone being unable to return to the U.S. with a travel permit issued in a VAWA case. However, we now know of an incident in Newark, NJ, where this occurred. It is important for you to be informed about these risks when traveling.
In this incident, the individual was denied entry because they did not adequately respond to questions about their VAWA case. If you decide to travel, you may be asked questions about your case when returning to the U.S. Officials want to confirm that you understand your case and that the statements in your application are true. If it seems you do not understand your case or do not qualify, you could be denied reentry.
Understand the Violence Against Women’s Act (VAWA) and “Abuse”
Upon returning to the U.S., you may be questioned by officials. They may search your belongings and your phone. If you are taken to an area called “Secondary Inspection,” it means they have more questions.
What Should You Be Prepared to Answer?
Know Your VAWA Case
Understand that the Violence Against Women Act relates to problems with the person mentioned in your case. These problems are termed “abuse,” even if they do not seem severe. If asked whether you have suffered “abuse,” you must confirm that you have, as this is key to your case.
Review Your Declaration
Read your declaration before traveling. Be ready to affirm that what it says is true. If asked about the problems with the person in your declaration, your answers must match what you wrote. Let us know if corrections are needed in your declaration, and we will be happy to advise you.
Bring Necessary Documents
Bring a valid passport that will not expire for at least six months after your return, along with your work and travel permit card (combo card) or your approved I-512 form, and copies of your receipt notices for the I-360 and I-485 forms. Also, bring a copy of your U.S. driver’s license or another U.S.-issued ID.
Be Prepared for Questions
You can be questioned at any airport, especially if returning from airports in New York, New Jersey, Vermont, Massachusetts, Connecticut, or Miami.
Immigration officials want to ensure your case is legitimate and that you understand it is based on VAWA. You should be ready to affirm this and answer “yes” if asked whether you have suffered “abuse,” even if it was not physical abuse.
Remember that there are confidentiality laws protecting your VAWA case, and we have seen no indication that your family member could be harmed by answering these questions or affirming your declaration.
If you feel uncomfortable traveling due to these questions, we understand your concern. The decision to travel is personal, and only you can make it. If you decide to do so, please follow these precautions to minimize risks.
Are There Other Factors That
May Increase the Risk of Travel?
Yes. Other factors that may increase the risk of travel include crimes, especially those
related to drugs or violence, and having active or prior deportation proceedings or
orders. Additionally, a history that might lead officials to believe you are related to drug
trafficking or gangs poses a higher risk.
At present, a critical factor that poses greater risk is the active presence of ICE agents
at national airports, since they could detain you even with an approved travel permit.
As always, we are here to help. Please feel free to call us at any time if you have
questions.
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