I-765 Approved But I-131 Denied: Whats Next?

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Navigating the complexities of U.S. immigration law can be daunting, especially when dealing with the nuances of work authorization and travel permissions. For many non-citizens, obtaining an Employment Authorization Document (EAD) and an Advance Parole (AP) document are crucial steps in securing the ability to work and travel in and out of the United States. The I-765 and I-131 forms, respectively, are key to these processes. However, there are instances where an applicant might receive approval for one but a denial for the other, leaving them wondering about the next steps.

In the scenario where an I-765 is approved but an I-131 is denied, it's essential to understand the implications and the potential courses of action. The I-765, Application for Employment Authorization, allows eligible non-citizens to work in the United States. On the other hand, the I-131, Application for Travel Document, permits certain aliens to return to the United States after temporary foreign travel without the need to obtain a returning resident visa. The denial of an I-131 while approving an I-765 can have significant implications for individuals who need to travel abroad for personal, educational, or professional reasons.

Understanding the Reason for Denial

The first step after receiving a denial for the I-131 application is to understand the reason behind the denial. U.S. Citizenship and Immigration Services (USCIS) provides a detailed explanation for the denial, which can be found in the denial notice. Common reasons for denial may include insufficient documentation, ineligibility based on the applicant's immigration status, or previous immigration violations. Understanding the specific reason for the denial is crucial in determining the next steps and in preparing a potential appeal or reapplication.

Considering Appeal Options

If the denial is believed to be incorrect or if there were extenuating circumstances that may have influenced the decision, applicants may consider appealing the denial. The appeal process typically involves submitting additional evidence or clarifying information that may have been overlooked in the initial application. It's advisable to consult with an immigration attorney to review the case and provide guidance on the appeal process, including the preparation of the appeal and the submission of supplementary documentation.

Reapplying for Advance Parole

In some cases, reapplying for Advance Parole might be the most viable option, especially if the reason for the initial denial was due to insufficient documentation or if the applicant's immigration status has changed. Before reapplying, it's essential to address the issues that led to the denial, ensuring that all necessary documents are in order and that the applicant meets the eligibility criteria. Consulting with an immigration attorney can provide clarity on how to strengthen the reapplication and improve the chances of approval.

Maintaining Employment Authorization

Even if the I-131 is denied, an approved I-765 allows the individual to continue working in the United States. It's essential to maintain this employment authorization, especially if the individual's immigration status depends on their ability to work. Keeping track of the EAD's expiration date and applying for renewal in a timely manner is crucial. USCIS typically allows for the renewal of an EAD 180 days before its expiration, and it's advisable to apply for renewal as early as possible to avoid any lapse in work authorization.

Seeking Professional Advice

Navigating the complexities of immigration law, especially when dealing with the denial of a critical application like the I-131, can be overwhelming. Seeking advice from a qualified immigration attorney can provide clarity on the next steps and improve the chances of a successful appeal or reapplication. An attorney can review the individual's case, identify potential issues, and guide them through the often-complex process of immigration law.

Conclusion: Moving Forward

Receiving a denial for an I-131 application while an I-765 is approved can be a setback for individuals who rely on these documents for their ability to work and travel. However, understanding the reasons for the denial, considering appeal options, and potentially reapplying can help mitigate the impact of the denial. Maintaining employment authorization and seeking professional advice are key steps in navigating this situation. With the right guidance and a clear understanding of the immigration process, individuals can move forward and continue their journey towards securing their immigration goals.