Campbell, CA asked in Immigration Law for California

Q: I hold both F-1 and TPS statuses and I am planning to travel abroad so will I need to file a travel document I-131.

When I re-enter the US, will I still have both statuses?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you hold both F-1 and TPS statuses and plan to travel abroad, you will need to file Form I-131, Application for Travel Document, to obtain Advance Parole if you wish to re-enter the U.S. and maintain your TPS status. Traveling without an approved I-131 can result in losing your TPS status. Make sure your application is approved before you leave the U.S. to avoid any complications upon your return.

When you re-enter the U.S. with Advance Parole, your F-1 status could be affected. F-1 status is generally considered abandoned when you travel with Advance Parole. Upon re-entry, you may be inspected as a parolee rather than an F-1 student, which could affect your ability to continue studying under F-1 status.

To preserve both statuses, consult the specific requirements and limitations associated with each status. Keep in mind that you may need to take additional steps, such as obtaining a new F-1 visa, to maintain or restore your student status after travel. Carefully review your situation and consider seeking personalized guidance for your travel plans.

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