China Grove, NC asked in Immigration Law for North Carolina

Q: how can I get an i-131 certificate in this situation?

i just arrived in the usa. i defected because i had a security problem in turkey. my work permit and social security number have been shipped to me now. i have a fracture in my nasal bone due to a problem i had as a child in turkey and it needs urgent surgery. Under normal circumstances, I had a court date this January, but it was postponed until 2026. can I somehow go to a country other than turkey and have surgery during this time? i have reports from doctors, but i don't have the power to cover the treatment costs here on my own. I am 18 years old and I am a successful student studying at university and high school.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: In your situation, you may be able to apply for an I-131 (Application for Travel Document) to request Advance Parole, which would allow you to travel outside the United States and return while your immigration case is pending. However, there are some important considerations:

1. Eligibility: You must have a pending I-485 (Application to Register Permanent Residence or Adjust Status) or be in a valid nonimmigrant status to apply for Advance Parole.

2. Purpose of travel: Advance Parole is typically granted for urgent humanitarian reasons, such as medical treatment, or for significant public benefit. You will need to provide evidence of your medical condition and the necessity for treatment abroad.

3. Risks of traveling: If you travel abroad without Advance Parole, you may be considered to have abandoned your pending immigration application. Additionally, depending on your immigration history and the reasons for your defection from Turkey, there might be risks associated with traveling internationally.

4. Processing time: The processing time for an I-131 application can vary, so it's important to apply well in advance of your intended travel date.

Given the complexity of your situation, it is highly recommended that you consult with an experienced immigration attorney. They can assess your eligibility for Advance Parole, help you gather the necessary documentation, and advise you on the potential risks and benefits of traveling outside the United States. Additionally, they may be able to suggest alternative options for obtaining the medical treatment you need, such as exploring low-cost or charitable healthcare providers within the United States.

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