U.S. Citizenship and Immigration Services (USCIS) updated its guidance on October 11, 2024 regarding expedited requests for travel when a requestor in the United States has ‘a pressing or critical need to leave the United States, whether the need to travel relates to an unplanned or planned event, such as a professional, academic, or personal commitment.’

By way of background, individuals physically located in the United States may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion. All expedite requests are considered on a case-by-case basis, and the decision to expedite is solely within the discretion of USCIS.

Consideration for expedites is given to:

• Government-based interest requests, and specifically when requests are made by a federal government agency or department, USCIS will defer to that agency or department’s assessment.

Other expedite processing considerations:

• Pressing or critical need: USCIS may expedite the processing and issuance of a parole (application for a travel document) when an applicant can demonstrate a pressing or critical need to leave the USA, whether for a planned or unplanned event.
• USCIS error: USCIS clarifies when it may consider an expedite request based on USCIS error.
• How to make expedite requests: An explanation from the agency on how to make expedite requests for government action by the agency.

Criteria for expedite requests to the agency generally may include, but are not limited to:

• Severe financial loss to a U.S. company or person, provided that the need for urgent action by the agency is not the result of the applicant’s failure to timely file for a benefit request or respond to requests for evidence
• Emergencies or urgent humanitarian situations
• Nonprofit organizations (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of cultural or social interests of the United States
• Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests
• Clear USCIS error

USCIS has indicated that it will consider expedited applications for a variety of submissions related to:

• Adoptions
• Appeals or Motions
• Asylum
• Refugee status
• Petition for refugee/asylee relative
• Humanitarian parole
• T nonimmigrant status – Victims of Human Trafficking
• U nonimmigrant status – Victims of Criminal activity
• Other benefit requests pending with offices outside the United States. Specific case requests may be made by contacting the USCIS Contact Center at: https://www.uscis.gov/contactcenter

Our Immigration Practice Group will continue to monitor these and other changes impacting travel for U.S. citizens.