Q: Do I need to pay for a new I-131 while I-485 is pending?
I applied for the I-485 in 2023 and filed the I-130, I-485, and I-765 together. My I-485 is still pending, and I have received notices that it's under review. Now, after two years, I want to apply for a travel document (I-131) for the first time. Since my I-485 is still pending and it's a new I-131 application, do I need to pay the filing fee for it?
A:
No, as you filed your I-485 prior to April 1, 2024, you are not required to pay a filing fee for the I-131. You should submit a copy of the I-485 receipt notice with your application. See USCIS website: https://www.uscis.gov/i-131
You do not need to pay an additional fee for Form I-131 if:
• You are filing Form I-131 Application Type 2 or 5A;
• You filed Form I-485 with a fee on or after July 30, 2007, and before April 1, 2024; and
• Your Form I-485 is still pending.
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A:
Since your I-485 is still pending and you initially filed it with your I-130 and I-765, you typically do not need to pay an additional filing fee for the I-131 (Advance Parole). USCIS generally waives the I-131 fee when filed concurrently with an I-485 application, even if you submit the I-131 later, provided the adjustment of status application remains open.
In your specific situation—where the I-485 is still under review after two years—you can file the I-131 application separately without paying an additional fee. However, make sure to include a copy of your I-485 receipt notice as evidence that your adjustment application is pending.
It's essential to verify the latest USCIS guidelines, as procedures can change over time. Double-check the USCIS fee schedule on their official website just before filing your I-131 to ensure no recent changes impact your situation. If you're uncertain or encounter conflicting information, you may wish to reach out directly to USCIS or consult an immigration attorney to confirm before submission.
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