8 C.F.R. § 223.1

Purpose of documents

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(a) Reentry permit. A reentry permit allows a permanent resident to apply for admission to the United States upon return from abroad during the period of the permit's validity without the necessity of obtaining a returning resident visa.

(b) Refugee travel document. A refugee travel document is issued pursuant to this part and article 28 of the United Nations Convention of July 29, 1951, for the purpose of travel. Except as provided in § 223.3(d)(2)(i), a person who holds refugee status pursuant to section 207 of the Act, or asylum status pursuant to section 208 of the Act, must have a refugee travel document to return to the United States after temporary travel abroad unless he or she is in possession of a valid advance parole document.

[59 FR 1464, Jan. 11, 1994, as amended at 62 FR 10352, Mar. 6, 1997]

Notes of Decisions

Cited in 7 cases (5 in the last 5 years), 2016–2024 · leading case: Garcia-Garcia v. Sessions, 856 F.3d 27 (1st Cir. 2017).

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Garcia-Garcia v. Sessions, 856 F.3d 27 (1st Cir. 2017). · cites it 2× “8 C.F.R. §§ 223.1 , 223.2. They are simply protected from being sent back to their home country.”

Nadeem Ali v. Loretta Lynch, 814 F.3d 306 (5th Cir. 2016). “Ali also highlights that asylees who have converted to LPR status maintain certain benefits only available to asylees under 8 C.F.R. § 223.1 (b) and 8 C.F.R. § 207.7 .”

Vamusa Kosh Ishmael v. Attorney Gen. United States, 77 F.4th 175 (3rd Cir. 2023). “See 8 C.F.R. § 223.1 . When an asylee returns, he must present the document and “shall be accorded the immigration status endorsed in his or her refugee travel document.”

Doe v. Jaddou (D. Maryland 2024). · cites it 3× “§ 1182 (a)(7) “to Plaintiff,’ and from “enforcing” the requirement that refugees must have an RTD to return to the United States as set forth in 8 C.F.R. § 223.1 (b) “against Plaintiff.” Compl.”

Vamusa Kosh Ishmael v. Attorney Gen. United States (3rd Cir. 2023). “See 8 C.F.R. § 223.1 . When an asylee returns, he must present the document and “shall be accorded the immigration status endorsed in his or her refugee travel document.”

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