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BobFourtyone

Please help..!!! What are my chances of getting I-131 expedited

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I have a major dilemma. I stand to lose several thousands of dollars. I purchased a vacation package with trip cancellation insurance but it doesn't cover " No travel documents " . I called the Mexican Embassy before I paid for the trip to make sure there would be no problems.I told them when I called that My birth certificate doesn't match my ID because i was adopted but i have all the adoption papers to prove why my last name changed. they reassured me and said oh no need to worry, you will get your passport that same day." So I paid for my trip after being re-assured I would have no problems. my trip starts in a month!!!. I looked all over for my Expired Mexican passport and when I couldn't find it anywhere I finally asked My EX and she admitted she threw my passport and birth certificate away during our divorce. I went to the Mexican embassy last Week with my permanent resident card, adoption papers and another certified copy of my Mexican birth certificate. They told me that I am no longer a Mexican citizen because I was adopted by my American born Father as a Minor. Naturally I asked to speak to a supervisor who said Mexican law states I am no longer a Mexican citizen so under no circumstances can they issue me a passport, so I talked to the Director of that consulate office, and I told him that this same office issued me a Mexican passport in 2001 with no problems and they told me over the phone when I made the appointment that I would have no problems. he became very upset and said " We should have never issued you a passport!!! " I went to the USCIS office and they advised me I do not qualify for adoption based citizenship because only my adoptive Father was a US citizen my mother was a permanent resident until I turned 19. The USCIS office was very compassionate and understanding and said to send a request for an Expedited I-131. I expressed mailed a copy of my adoption papers a copy of my non-refundable tickets, and 2 SASE express mailers along with copies of other required documents for an expedited I-131. I am so stressed, I have read the horror stories of the expedited i-131 process on these forums and I pray to god every day that they approve my expedited I-131. I have been a permanent resident for 25 years. Ish plus also Manitoba that have not applied for my citizenship because I have an extensive arrest record as a juvenile and young adult. I haven't done any major time in jail, just about a week total in county detentin but that was over 2 decades ago. I was a very angry juvenile and I do have a drug conviction that was expunged over 20 years ago. unfortunately I was a very angry inner city Juvenile and ran with the wrong crowd. I have been a model Tax payer for over 2 decades. I just don't know what else to do. I even went to a different Mexican embassy over 100 miles away and they said they couldn't help me because I am not in their jurisdiction or a Mexican citizen!!. I stand to lose thousands of dollars, not to mention 2 weeks of unpaid leave at work because I was already approved for the time off which only adds to my financial windfall, in this economy that amount would bankrupt me, affecting myself my household budget and of course my children. Any advice or suggestions would be greatly appreciated along with your prayers. Thank you for reading this long winded post and God bless you for making this country founded by immigrants like myself the country of opportunity we call home.

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So you want to travel outside US and have no passport ? Then your I-131 is irrelevant, you still need passport to travel and looks like you neither can get Mexican passport nor American one.

I was told by two different USCIS officers at different offices in person that I can use the I-131 as a travel document the i-131 Re-entry permit, it looks and functions just like a US passport but does not list me as an American citizen.

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I was told by two different USCIS officers at different offices in person that I can use the I-131 as a travel document the i-131 Re-entry permit, it looks and functions just like a US passport but does not list me as an American citizen.

Ok - apparently it works this way - sorry - was not aware of that - are you sure country you are traveling to will accept it ?

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Ok - apparently it works this way - sorry - was not aware of that - are you sure country you are traveling to will accept it ?

Yes it does accept it, per USCIS it is accepted almost world wide and it is usually issued to people who need to leave country for extended period of time and also as a passport to permanent residents whose country no longer exists... There are different forms of I-131 though, I need mine as a travel document passport.. Oh and thank you for your reply...

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The I-131 will work to get you back into the US, but under your current circumstances, I would not leave the US. It's not even about the trip money right now! It sounds from your description like you are currently stateless! You do not currently hold recognized citizenship in any country, correct? For one thing, other countries don't necessarily recognize the US green card or I-131 as identity documentation for entering their country, only passports. This is a problematic situation and I also think it's a bit dangerous to travel outside of the US despite your model record in the US in recent years, because until you are a US citizen, old criminal issues can be used by POE officials as a reason to deny you entry, even if you are a US permanent resident and have been such for a long time. For one thing, you need to consult a really reliable US immigration lawyer before you make any moves, to confirm that this trip is still a good idea, even if the I-131 is issued in time. For another thing, you need to straighten out the situation with Mexico. Perhaps they are assuming that upon your adoption by a US citizen, you became a US citizen, which is not the truth. You might need a MEXICAN nationality lawyer to help you fix this situation and get a Mexican passport re-issued. Honestly, I would consider cancelling the trip right now, absorbing the loss of trip money (see if under the circumstances, the actual travel/tourism/vacation providers will be willing to refund the money, or at least some of it, even if your travel insurance doesn't cover this situation). Perhaps see if you'd be able to cancel the unpaid vacation time at work and continue working to help rebuild financially from this setback. This is not the news you want to hear, but if you're asking the internet in general for what they'd say, as a member of that group, I'm saying I've heard enough horror stories in the past years to say this trip sounds terribly dangerous, and as much money as you stand to lose, you would lose a lot more by being left stranded outside the US with no passport of any country, no recognized citizenship, and no fast way back into the country. I'm not sure how your job would feel about having you stuck outside the US for an indefinite time, but my guess is that could be financially devastating. Just my input as a random member of the internet public. I really would get some solid legal advice from both countries before you proceed. This is above the scope of the typical US immigration lawyer, but if you take advantage of a free consultation with Laura Fernandez or Lizz Cannon (linked in my signature), they can direct you to a lawyer who can be trusted to provide reliable advice about this situation. Good luck, I hope this gets resolved quickly!


Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

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Thank you for your reply Globehopper mama you motivated me to do some research and here is the answer regarding this issue directly from Department of homeland Security.... ICE, Us Customs and Border patrol, and Capitol immigration law group, I even included Cruise ships, so I hope this helps someone who may run into similar problems like the one I am having....

For all forms of travel Air land or sea

Most cruises beginning and ending in the U.S. are considered "Closed Loop," meaning they begin and end at the same port in the U.S. For instance, if you board a cruise ship at Fort Lauderdale, Florida, and after visiting at least one foreign port of call, such as Bermuda, or Cancun, return back to Fort Lauderdale, you have taken a closed loop cruise.

U.S. Citizens on closed-loop cruises will be able to enter or depart the country on the cruise with proof of citizenship, such as an original or copy of his or her birth certificate (issued by the Vital Records Department in the state where he or she was born) and, if 16 or older, a government issued photo ID. If the child is a newborn and the actual birth certificate has not arrived from the Vital Records Department, we will accept a Hospital issued birth certificate. The United States does not require you to have a passport. (A Consular report of Birth Abroad issued by the Department of State or a Certificate of Naturalization is also acceptable.)

If you are a Lawful Permanent Resident (LPR) of the U.S., the U.S. government does not require you to have a passport for any travel, including air, land or sea travel, however, you are even more likely to be required by your destination country to have one. A Caribbean island that does not require a U.S. Citizen to have a passport may require a U.S. LPR to have one, and a visa as well.If you are not a U.S. citizen or a U.S. LPR, you will need a passport for any type of cruise, closed loop or not. If you are traveling under the Visa Waiver Program (VWP), your I-94W (immigration stamp) that you were issued when you first entered the U.S. can be used for reentering the U.S. at the end of your cruise - as long as the cruise ends before your 90 day admission period has expired and you did not travel beyond adjacent islands or contiguous territory, and you were not outside the U.S. for more than 90 days

And this is directly from the USCIS website:

A Reentry Permit I-131 is issued to Green Card holders who want to travel outside the United States, but cannot get a national passport from their country of nationality. A Reentry Permit is valid for two years. And is accepted in lieu of a passport---- For more information, see Green Card & Travel Outside the US: Documents and Issues for US Reentry.

This is from the Capitol Immigration law Group:

Many countries throughout the world allow you to use a reentry permit (USCIS I-131) much like you would use a passport – placing necessary visas, and entry and exit stamps in the permit – so you may use it as your main travel document AKA Passport. But it so your responsibility to verify with the consulate of the country you are traveling to and verify they accept the I-131 in lieu of a passport.

The country I am traveling to accepts my LPR ( Geencard) I don't even need a passport to travel to where I am going the problem is that I need the I-131 to present to The travel agency I am using in order to travel and I'm sure the department of homeland security will require " A travel document to allow me ----Back Home"

per US customs and border patrol as of June 1, 2009

*Lawful permanent residents (LPRs), refugees, and asylees (of the United States) will continue to be able to use their Alien Registration Card (Form I-551), issued by the Department of Homeland Security (DHS), or the Travel Document issued to those with refugee or asylee status to apply for entry to the United States. LPR's may still need to present a passport for entry into a foreign destination. For this reason airlines may deny bourding to LPR's traveling without a passport. NOTE: You may want to contact the airlines prior to traveling to confirm their documentation requirements. ---------- Sound advise------------ so I contacted my travel agent and they will accept an I-131 as a passport and they also advised me that an I-131 is accepted by many countries around the world as a passport ( except those that are hostile to the U.S. but my travel agency does not offer vacation packages to those countries--- Thank God...!!!! )

Like My Elementary school teacher used to say---- It pays to do your homework, Again I hope this helps someone else besides me, and if you have any questions contact the Embassy of the country you are traveling to before you leave this great country to make sure you too ------can get back Home------, God bless and thank you for all your great advice...!!

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What I would do is make an InfoPass appointment at your local USCIS office and bring everything you submitted for the expedite. They have the ability to issue Re-entry Permits within 24 hours. But do keep GlobeHopperMama's post in mind.


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One are you going on a cruise, or are you traveling by car, or air. The final answer makes a difference on what is acceptable and required.

YOur orginal post gave no indication that a cruise was involved.

BTW, if it is a cruise, you will still go thru immigration upon return to US soil.

Edited by LIFE'SJOURNEY

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I spoke to two USCIS agents in person at two different offices because I wanted to make sure there was no Misunderstanding on my part or theirs. Both agents spoke to their supervisors and both of them said the same thing----- I do not need a passport to go to where I am going or to return to the country, my GC or LPR is enough. the problem is the travel agency I am traveling with requires me to have a passport, so it is a company policy not a U.S. one, all travel agency's, airlines, cruise ships etc.. require you to have a passport since 2001. If you are traveling abroad. They will not let anyone Board a plane or a ship or even a Bus without one. Just before I hung up with the travel agency they said " you have paid for travel insurance, but make sure you can get all your travel documents because no insurance company will refund your money if you cant secure documents" makes sense why would you book a trip if you don't have any documents??. I have traveled before many times all over the world with this same agency, using my Mexican passport, but it expired in 2008 abt the same time I went through a divorce. So I have not needed a passport till now. Before I paid for my trip because of what the travel agency said I called the Mexican consulate about renewing my passport and they said I would have no problem getting one I told them I was adopted they said " No problem". So after they said that I paid for my trip. They scheduled my appt. a month before my trip departs..!!! I was very concerned they said to not worry I will get my passport the same day at the Consulate. I went to the consulate and they refused to give me a passport. They said it was against Mexican law for them to have ever given me a passport because I am not a Mexican Citizen. They said the only way to become a Mexican citizen is to start the adoption process all over again in Mexico. They Do not recognize a US adoption decree. I am over 40 years old and my Dad is deceased ( may he rest in peace, he was a wonderful man). I can't start a Mexican adoption at 40 years old if my adoptive Father is dead, that is Mexican law also. I contacted USCIS and they were very surprised that mexico will not accept my adoption, they said they recognize Mexican adoptions and were very understanding they also know it is the policy of all travel agencies to require a passport after 9/11, there is no way around it. They told me to apply for my I-131 ASAP. That is my Original question. I did everything right. I called the Mexican consulate first and I was basically guaranteed a passport by the Embassy over the phone. then I paid for my trip and went to my appointment to get my passport and they said No passport for you. I stand to loose thousands of dollars. I can get an expedited I-131 a "US passport" for permanent residents, refugees, and persons whose country won't issue them a passport, under certain emergent situations. One of those reasons is severe financial loss, my question is Does losing several thousand dollars because of circumstances out of my control justify a severe financial loss..??? Especially in this economy...??? Has anyone in this forum ever had this similar situation and if so what was the outcome??? Has anyone been approved for an expedited I-131 under the same circumstances..??

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You have some much informatin packed into your posts that it is hard to get all of the undelined facts straight.

Facts:

1. You hold a valid GC, therefore you are a LPR.

2. Your orginal country of Birth is Mexico.

3. Your mother birth country is Mexico.

4. StepFather is a USC.

5. Stepfather adopted you in the US? If so, why didn't he obtain USC for you?

6. Had a vaild Mexico passport until 2008.

7. If mexico is not accepting your US adoption , why can't you obtain a copy of your orginal Birth papers and file for a Mexico passport.

Now on to the 131 form

1. You are filing for a 131 form based on what status?

2. What constitute a financial hardship loss in dollars, I am quite sure it has to be greater than 10 thousand dollars.

3. Losing a couple of thousand of dollars doesn't constitute a financial loss, the money will be a loss no matter what happens if you go on the trip it will be used any how. If you don't go what you are losing is the fun and memory of the trip.

4. In reviewing the guidelines for 131, I don't see where it replaces a passport, I see where it is used to allow those without a passport to re-enter the US.

5. Will the travel agency accept the 131 advance parole doc. inlieu of an actual passport?

6. If you get sick on the cruise and you have to enter another country, will that country allow you to enter without a passport, will their airline allow you to fly without a passport. These are the reasons that the travel agency are demanding a valid passport.

7. Expedite in what time frame, a couple of weeks, or days. If days you may be out of luck. I really don't see them issusing an 131 advance parole document.

If everyone here is confuse, I am sure USCIS will be scrating their head also.

GOOD LUCK.

Edited by LIFE'SJOURNEY

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