“If I am granted asylum, can I return to my home country?” I hear this question a lot.
The skeptic would argue that no legitimate asylum seeker should ever return home. Indeed, they might argue, asylum is reserved for people who cannot return due to the danger of persecution, and anyone willing to go back did not need asylum in the first place. I think this is wrong.
Many of my clients face long-term threats in their countries. For instance, I have clients from Afghanistan who have been threatened by the Taliban. These clients could return briefly to Afghanistan and remain relatively safe. However, to live there for any length of time would be extremely dangerous. Even where the threat comes from the government itself, clients can sometimes safely visit home for short periods of time. I’ve had Ethiopian clients who were wanted by their government, but who were able to return for a few weeks before the government realized that they were in the country. Ethiopia—like many developing countries—is not as adept at tracking people as the United States, and so it is possible to keep a low profile and avoid trouble, at least for a time.
And of course, there are valid reasons to return home. Most of my clients have left family members behind. Others have businesses or properties. Still others are political activists who wish to return home to promote democracy and human rights. There are all sorts of reasons people want to go to their home countries—when balanced against the danger, some reasons are better than others (and some people are more willing than others to take risks).
But what are the legal implications of a return trip for people with asylum? And does the calculus change if the person has a green card or is a U.S. citizen?
For an asylee (a person granted asylum), the U.S. government can terminate asylum status if it determines that the person has “voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country.” This means that asylum can be terminated if the person placed herself under the protection of her home government by returning to her country (or even by using the passport from her home country to travel to a third country). USCIS can also terminate asylum status if it determines that the person is no longer a refugee (for example, if country conditions have changed and it is now safe to return home) or if it determines that asylum was obtained fraudulently (there are other reasons for terminating asylum, as well). A return trip to the home country could trigger one (or more) of these bases for termination.
Even with a green card, USCIS can terminate asylum for the reasons listed above.
If you don’t run into trouble when you return to the U.S. from your trip, you could have problems at the time you file for your citizenship. When you complete the naturalization form (the N-400), you need to list all the countries you visited, and so the government will know whether you went home (and if you omit your travels from the form, you run the risk that the government will know about them from its own sources).
For U.S. citizens who originally obtained their status based on asylum, the risk of a return trip is much less—but it is not zero. If the return trip causes the U.S. government to believe that asylum was obtained fraudulently, it could institute de-naturalization proceedings. I have heard of the U.S. government de-naturalizing citizens based on fraud, so it can happen, but all the case I know about involved aggravating factors, like criminal convictions or human rights abuses. Nevertheless, if USCIS knows about a fraud, it certainly could take action.
So how do you protect yourself if you have to travel back to your home country?
First, it is worthwhile to consult an attorney before you go. Don’t go unless there is a very important reason for the trip. Also, keep the trip as short as possible. The less time you are in your country, the better. In addition, you should collect and save evidence about the return trip. If you went to visit a sick relative, get a letter from the doctor. If you returned home for only a short time, keep evidence about the length of your trip—passport stamps and plane tickets, for example. If you hid in your house and never went out, get some letters from family members who can attest to this. In other words, try to obtain evidence that you did not re-avail yourself of the protection of your home government and that you had a compelling reason to return home. That way, if USCIS ever asks for such evidence, you will be ready.
The safest course of action is to never return home after a grant of asylum. However, in life, this is not always possible. If you do have to go back, you should consult a lawyer and take steps to minimize the likelihood that your trip will impact your immigration status in the U.S.
Hello sir,
My name is surya, i applied for asylum and i don’t know how many days it takes to go for an interview my question is i am i eligible for H1B visa.I waiting for my answer I really appreciate that
Best regards
Surya
If your current visa status has expired, you would have to leave the US to get an H1b visa, which may or may not be possible, depending on your case. You would have to talk to a lawyer about that. As for asylum wait times, you can check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
Hi
Sir
My name is jan I have one question we faced some problems in
My country Afghanistan then run to second country I mean to Pakistan then from Pakistan we Applay to UNHCR OFFICE then our we put case after 2 years we accepted my USA government I past morden 8 interviews then we come to USA with i94 paper now this is my second year That I stay in USA last 3 weeks ago I engaged with my cousin in Afghanistan now I am looking go Afghanistan to small engagement party and make my engagement documents I am a green card holder can travel to Afghanistan some peoples told me you can’t some people told me you can I am canfused
I waiting for my answer I really appreciate that
Best regards
Jan
You can go, but if you do, you take a risk that the US government will investigate your status and possible try to take your status away. In the past, I think the risk was not very much, but now, with President Trump, it is unclear whether this will be a problem for you. If possible, it would be better to have the wedding in a third country, like Pakistan or Dubai, as that will not affect your immigration status. Take care, Jason
I really appreciate your answer but the point worries me us this news, Kindly read it and let us know. So as an asylee we are interviewed again ?
http://www.politico.com/story/2017/08/25/trump-administration-green-card-hurdle-242050
As far as I know, only dependents will be interviewed for the GC; principle asylum applicants will not be interviewed. Anyway, we will know more after October 1 when they implement the change. Take care, Jason
Hi Jason,
I applied for asylum when I first came here and now the case is pending but in the meantime I am married and my husband is a citizen and I am in the process of getting a green card. Would I have problems getting green card and can I go back to my country after I got the GC through marriage.
Or if i can’t, can I go to my country through a third country? Like go to maxico first and to my country and then back to Mexico and back in USA. Can I do that ?
If you do go to your country, you risk that USCIS will decide your initial asylum application was a fraud. Most people who do return home probably do not have this problem, but USCIS is becoming much more strict, and so you have to be careful. You can talk to a lawyer about ways to protect yourself. Once you are a citizen, you should be basically be safe to go to your country. Take care, Jason
Hi Jason,
I am filing my N 400 through asylum, my national passport misplaced and I never traveled since I entered the us 7 years ago, is that will prevent me from the citizenship and second question: how the officer will know that I didn’t travel outside the country and I didn’t renew my passport or use it thanks
And it is better to tell uscis about my passport before the interview or during the interview thanks
You can write a cover letter to go with the N-400 and explain about it in the letter, and you can tell them at the interview. Take care, Jason
1 – It should not. 2 – I do not know, but you should assume that they well know. Also, people filing for citizenship have been reporting problems, particularly if they incorrectly answered questions on the I-485 when they applied for a green card. At the minimum, before you apply, you should find a copy of all your old application forms and documents in case you run into this problem as well. The post I wrote last week touches on these issues. Take care, Jason
Thanks for such a wonderful helps.
I have question.I am from Pakistan.I was a refugee in Indonesia and I got resettlement to (USA). and Now I got my Green Card.
My question, Can I visit to my country?
And I have reason for my visit, I left my family since May 2013, and my dad is sick ,Doctor advice he would be a surgery.so please email me and tell me about my question and which documents I needed.
Thanks
Best Regard
Bahar Ali
I think you take a risk that your green card will be affected (or maybe lost) if you travel, but every case is different and I do not know the facts of your case. I recommend you talk to a lawyer before you go, and maybe you can minimize the risk. If you can meet your father in a third country, that would be much better for you. Take care, Jason
Hi Jason thank you for helping us in these dark and fragile times. I was waiting for my green card for more than a year. Recently I received a letter from USCIS stating that my doctor did not perform GONORREA test. I did it yesterday though. My question is will my case go back in line or it will be in the same process and officer will see the evidence. In other words when you submitt further evidence how long it delays the decision? . Secondly will I have to go through the interview again for green card as it will become mandatory after October 1 2017 ?
Thank you .
Normally, you would not go to the back of the line in a case like this, where USCIS needed more info, and hopefully, you will get a decision soon. I think if you were the principal asylum applicant, you will not need an interview, even if your case extends past October 1. Take care, Jason
Hi…
Please I would love to know, my refugee status has been granted and my question is can I apply for my country passport?? From Italy.
Thanks.
Sorry, I do not understand your question, Jason
Hi Jason,
If someone is still waiting on a decision for their asylum case, but gets married while in the process to a permanent resident are they eligible to fix green card through marriage? And if so, would they be able to return to visit their country without legal implications, or would the application for the previous refugee visa still apply and would they be in risk of losing their citizenship?
If you marry an LPR, that person can apply for a GC for you, but the waiting period is about 1.5 years (you can Google “DOS Visa Bulletin” to see the waiting period). Once the GC application is “current,” you can only get the GC in the US if you have some other status besides asylum pending (for example, you are an F-1 student still attending full time school). Otherwise, you have to leave the US, which may or may not be possible – you should talk to a lawyer to evaluate that. If you get the GC based on marriage and withdraw the asylum case, and then return to your home country, it could still raise issues about whether the original asylum was fake. I think it will probably be ok, but I do think there is some risk. It would be safer to wait until your are a US citizen. Take care, Jason
Hello Jason, thank you so much for all the help with questions till now, i have a new question, I have applied asylum here and got my work permit and it is expired, and i have applied 3 months before for renewal,and did not got any confirmation, and recently i read in India’s newspaper that“ US ADMINISTRATION STOP ALL THE CASES FILES AND CHECKING THEIR RECORDS OF ALL COUNTRIES PEOPLE CAME AS REFUGEES AND CHECKING THE BACKGROUNDS THAT PROBLEMS ARE THERE OR NOT AND NOW THEY ARE NOT RENEWING AND WORK PERMITS. can you please assist me and tell me is there any problems for renewing the work permits, and what is the meaning of that background check.
I have not heard about this, and I suspect it is not true. We are seeing delays for work permits, and some people are waiting more than 4 months, but people are still getting work permits, and so hopefully, you will get yours soon. Take care, Jason
Thank you so much sir.
If someone with a valid visa to US lives in a third country and has his wife and children in the US and their asylum status is still pending ( their fingerprints already done one month ago ) can he visit them witout having any problems at the airport ? if he faces a problem what do you think he will do ? thank you
You can try, but if the customs officer at the airport thinks you will seek asylum in the US, they can deny you entry and tell you to get back on a plane a leave. If that happens, you can either leave or claim asylum in the US. If you claim asylum, you will be detained and will have to pursue your case (at least initial) while you are detained. Some visas, such as H1b or L, may not be affected by your family’s asylum case, but other visas, like B or F, may very well be affected. Take care, Jason
Hi jason
I have a question about traveling . If i dont have pakistani passport should i travel on green card to U.S.A ?
I have my all valid documents for traveling just wondering if green card help me in that case?
Thankyou
If you have a GC and have been out of the US for less than 6 months, you should have no problem entering the US with a GC. However, I do not know whether you can travel (board the airplane) without a passport. I doubt it, but I do not know. Take care, Jason
Thankyou for replying
its hard here to know how i can boarding on a plane without passport if you find and solution for me please let me know its realy important me to go back to USA. Thankyou jason
I do not know of a way to board without a passport. I looked into this website once – http://www.worldservice.org/docpass.html – but I never followed through, and I have my doubts that such a passport would be excepted. Anyway, if you look into it and try it, let us know what happens. Take care, Jason
Hello this is meles, I have applied for an asylum on July 25 and I was underage back then then I turned 18 on august seven ..do I’m still consider an underage and if I am will the process be different from an adult please explain it to me. How long do you think the interview gonna be after I give finger print ?? And I’m planning to go to a 4 year college don’t you think I would probably get my social security number by the end of this year???
Please explain to me I’m all alone no family I need to my what I’m facing .
I think you will be interviewed as an “unaccompanied minor,” but I am not 100% sure about that. If so, your interview will likely be in the next few months, so make sure your case is complete and ready to go, and all documents are submitted to the asylum office. Also, as a minor (or I guess now, an 18-year old), you should have a good chance to find a pro bono (free) lawyer to help you, and I highly recommend that you try to do this. I did a posting on September 22, 2016 about that, which might help you. If your case is still pending 5 months after you filed, you can apply for a work permit (form I-765, available at http://www.uscis.gov). Once you get this, you can get a social security number. Maybe you can get the SS number some other way, but I am not sure. Take care, Jason
Hi Jason
I granted asylum last year and my wife living in a third country waiting her interview appointment in us embassy,she gave birth 3 months ago and the us embassy tell us that the baby need a travel document from my country embassy to travel to the United States, the problem is The embassy of my country not issued a passport for my son because they want me to send my national passport and they will stamp it as they registered the baby and that is the only way to issue a passport to my son what you think Mr. Jason is it a big problem to send my passport to the embassy of my country in a third country thank you
It sounds like you do not have a choice. Maybe you will need to explain why you had contact with your country if you fear persecution in that country, but I do not know what else you can do. Maybe you want to talk to a lawyer about the specifics of the case to see whether there are other options for you (a US lawyer and maybe a lawyer from your country who can help the child get a passport without needing your passport). Good luck, Jason
What happens if I travel to Mexico and I have a green card for asylum politic for 11 years ? I am from Brazil.
That should be no problem. As long as you do not go to the country where you faced persecution, there should be no problem for travel. Use the Refugee Travel Document (form I-131, available at http://www.uscis.gov) unless you are already a US citizen – then you can just use your US passport. Take care, Jason
Hello sir ,me my husband and my son got granted asylum this year ,next year we ll apply for green card and then following 4 years we ll apply for citizenship. We are in no hurry to visit back my home country, but still for a sake I want to know would we be ever able to visit my home country after we become citizens of usa and off course we r not at all criminals or related to terrorism at all.so would that be okay after we become citizens to go back and see our elderly parents
Generally, if you are US citizens, you should be able to visit your home country without trouble from US immigration. I would keep all your asylum documents, just in case the US government questions the validity of your original asylum case. But that is unlikely. Take care, Jason
Hello Jason
I am a green card holder based on my previous asylum status
my parents are too old and I haven’t seen them for 5 years, they can travel only to a neighbor country close to my original country.
The problem is the travel document is not identified by this neighbor country, i have to renew my regular passport to enter their
Last year my country ‘s government issued new law which allow all people out of my home country to renew their passport whatever their political opinion is, so do you think that will help in defense if i have been asked by the US government about renewing my passport
You should still have the Refugee Travel Document, which you can use to enter the US, but if you need to travel on your passport, you should have an explanation for why you used the passport (for example, evidence that your parents met you in a third country and that you did not visit your country; also maybe evidence that the third country will not accept the RTD). Using your home country passport is less of a problem if you fear terrorist groups in your country and you do not fear the government. But it is very unlikely that using your passport under these circumstances will cause you problems with the US government. Take care, Jason
I have read through all the posts and am understanding things somewhat. My gf in in US on a student visa and is from Venezuela. Due to the conditions there asylum may be an option for her (her aunt has done it). If she does that and we get married down the road and conditions improve in country after that, in say, 10 years, she would be able to return with me with no risk b/c she’d be married to me (US citizen) or this would disrupt her status? Basically does her marrying me override the asylum status or that remains? She is also an Italian citizen, FYI.
If she is a citizen of Italy, she probably would not qualify for asylum in the US (they will tell her to go to Italy). In general, though, even if an asylum seeker ultimately gets a GC based on marriage, they still need to be cautious about returning to the home country, as a return trip might cause the US government to think the original case is a fraud. Of course, if conditions change, that may not be a problem, but it depends on the individual case. Take care, Jason
Thanks, I hadn’t thought of those views but they make sense logically. Last question – I can’t find a good source to understand how long it takes her to get employment status through marriage. She can get a one year OPT permission to work after she graduates but then would need sponsorship from a company which is a toss up. If we marry, how quickly does she get permanent status to work in the US? Trying to understand how this could all play out as we are quite serious but I don’t want to rush things, nor get stuck in a pickle down the road if we acted late. Thanks!
Things are slowing down now with USCIS, so I do not know. Previously, it took about 3 or 4 months to get the EAD for a marriage-based case, and maybe 9 months to get the green card, but I expect that to slow down even more. Take care, Jason
What is As 8 category greencard
Can a As 8 category Greencard holder travel home?
If you got a green card based on asylum, you could face problems with the US government if you return to your home country. I think this is discussed in the article above. Take care, Jason
So my dad is principle asylee which means i’m a drivative asylee…my point will i be able to visit my home country??
It depends on the case and why you and your father are seeking asylum. If his claim is that the whole family is facing harm, and you return to your country, that undermines his claim or maybe makes it appear that the claim is not true. If you plan to visit your country, maybe you want to talk to a lawyer before you do that, to try to be safe. Take care, Jason
I have my green card and I got it based on asylum .
I am applying for citizenship in October .
My question is after applying could go back home . I won’t have my citizenship yet because it takes a while the whole process and I really need to go back home ( family emergency).
If you return home, this issue could come up in your naturalization interview and it could create problems for you. It would be better to wait until you are a citizen. Maybe you can tell USCIS about the emergency (and give them some evidence about this) and ask them to expedite the citizenship case. If you do go back, you should at least have evidence about why you returned and you should be prepared to answer questions about the return trip. Take care, Jason
Hi please I have a Question to ask I have being granted refugee status am from Nigeria, my Mum is Seriously Sick, I really need to Go Back to My home Country to see her a little Bit, I wanted To use Benin Republic a Country very Close to Nigeria, I can find a way to Pay the Immigration officers at the Border So that they Won’t Stamp My Travel Document at the Nigerian_Benin republic border, my Passport will only be stamped at The airport. Of Benin republic republic, not in Nigeria. Will this affect my refugee status, thanks please I would really like your replies God Bless You
If the US government learns of the travel, it could affect your status. Also, if you apply for a green card or citizenship, you will be asked to list countries that you have visited. If you lie about that, and they discover the lie, it could also affect your status. On the other hand, if you go to Nigeria, and you tell the US government, it could also cause problems – but probably you can get evidence of the reason for travel (sick mother; medical records) and you will probably be ok, but it depends on the case, and if you take that route, you might want a lawyer to help you. Take care, Jason
Hi Jason!
I was interviewed in October, 2016, while received my decision last month. Case has been transferred to immigration judge. I had been waiting for more 8 months to receive my decision. But before getting my decision I visited my home country with emergency AP. My mother got cancer and provided all medical documents related her surgery.
On the airport the officer didn’t ask me more questions and allowed me to enter.
But after one month of my re-entry I got my decision which was transferred my case to immigration judge.
They have mentioned totally wrong and meaningless reasons in that.
Please can you give me a link to set an appointment with you.
I’m in NY
Thanks
I think you are better off finding a local lawyer – I am in Washington, DC and it is more expensive for me to take a case in NY. If you cannot find a lawyer in NY, you can contact me at Jdzubow@Dzubowlaw.com. Take care, Jason
I have my green card based on asylum . I could apply fkr citizenship in 2 months .
Could I go home after applying for my citizenship?
I have a family emergency
Thx!
I have never heard about a US citizen returning home and then having a problem – this should only happen if the return trip causes the US government to believe that your original asylum was a fraud, and even then I have only heard about it in the case of war criminals and terrorists. Take care, Jason
Hello Jason,
I am from Pakistan and now I am a student in USA applied for Asylum. I gave finger prints this month. I want to travel to my country to get marry and return back to US. What are the documents i need to file to re-enter into US. If i am questioned at immigration like what are the reasons to travel to home country? are my marriage documents are valid? Me and my would-be are in USA and both applied for asylum.
If you return to your country for this reason, it would most likely kill your asylum case. Also, you could be detained at the time of re-entry (assuming you could even get back here). I highly recommend you do not go to your country. If you want to leave the US and return while you have a pending asylum case, you need Advance Parole to re-enter. That is form I-131 available at http://www.uscis.gov. Take care, Jason
Hello Jason,
I am in US on my OPT status and applied for Assylum on my F1 status and done with finger prints. I want to travel to Canada by road. Is that safe to travel to Canada by road or by flight and return back to US without any problem at immigration? Because I have fear from another country not Canada. Your response is highly appreciated.
Thank you.
I do not know about Canada – you should talk to a lawyer there. As for returning to the US, that could be a problem if you have a pending asylum case. You should get Advance Parole, form I-131, available at http://www.uscis.gov, before you go. This will allow you to return to the US. If you do not have AP, you may be denied entry or you may be detained at the border when you try to enter. Unfortunately, if probably takes 4 to 6 months to get AP, and it is not cheap. Also, you need to give a “humanitarian” reason for your travel. Take care, Jason
Hi Jason
I have a question.My asylym is approved based on my husbant ethnicity
I was for visit in third country with travel document to see my sister who is sick and my Mom74.
After 5th day my Mother was feeling like heart attacc .
We were all in panic.
I decider to drive my Mother back home.I dident have to show my passport becous it was an emergency.
I was there 4 days .
When i came back in us officer stoped me at the office and tok my device wher gps shows my location in my back home.
I addmeted ,and u was truing to explain what happen during my trip in third country and reason why i had to travel back in to my country.
After 3 hours they alowed me to leave ,but i was told that ill have problem with green card.
My layew was suprised and told me that thise is unusual he never heard something like thise.
What do you think Mr Jason is thise common case , do i have to worry and prepare all documents, just in case ore my husbant is case holder and he dident travel ?
Thank you so much
I think this is less surprising than it was before Mr. Trump’s “extreme vetting.” I doubt you will have a problem because of this travel, but to protect yourself, you should keep copies of your plane tickets, your mother’s medical documents, and maybe letters from your mother and sister explaining what happened and why you went to the home country. If you have that, and USCIS raises this issue, you will be ready to explain. Take care, Jason
Hi jason,
Will you please tell me what will happen to documents from your home country when you take political asylum in another country?
And whether an asylee can buy property in his home country when he returns back to his home country?
I do not understand your first question, sorry. I suppose you can buy property in your home country, but if you return to that country, it could cause your asylum status to be canceled. Take care, Jason
Hi Sir,
My work requires travelling outside USA a lot!
I am a green card holder based on Asylum; Can I travel with my national passport?
Any supported links from USCIS?
What are the consequences?
It is better to use the Refugee Travel Document (available at http://www.uscis.gov). Unfortunately, not all countries accept it, and so some asylees have to use their passport. This is less of an issue for people who fear terrorists in their country and more of a problem for people who fear their home government (which issues the passport). If you must use the passport, you should be prepared why you are using a passport for a country where you fear persecution, and you should have evidence about that, including evidence about why you need to travel. In the worst case, I suppose the US government could decide to reopen your asylum case and re-examine the case in light of your using your home passport. This is pretty rare, and if you are prepared to respond to any charges about this, you should be alright. Take care, Jason
Good morning Jason, thank you would be a little word to appreciate you for the work you are doing to answer the questions which we are seeking every where.
I’ve applied for asylum in 2014 and was granted, I then waited a year, submitted all my taxes and applied for green after after a year in 2016. It’s been 9 months and still I did not receive it. I want to travel to a third country to see my sick Mom. She can barely walk but she is willing to do painful travel to see me. I called USCIS and got three different answer each time. My question is my green card case is pending even after finger prints being done second time, which Travel document option I need to check on Rafugee Travel Docunmet , Advance Parole or Re-entry Permit ? Also the website states if you have pending adjustment of status case and if you have paid the GC application fee then you do not need to pay for travel document fee?
Please kindly let me know I’m very stressed and worried
Given that the GC is pending, your best option is probably the Refugee Travel Document, as you can get that now and it will remain valid if the GC is approved (Advance Parole would end if the GC is approved – and then you would re-enter using the GC). You can only get the re-entry permit if you already have the GC. Theoretically, you should be able to use your I-485 receipt instead of paying separately for the RTD, but we have had problems with this lately – not for the RTD, but for the work permit. You can try sending the receipt, or it might go more smoothly if you just pay the fee for the RTD (I think it is $220, but you need to check the form I-131, available at http://www.uscis.gov). Take care, Jason
I submitted asylem application more than a year ago after that i got married and i go through with all process and i got my green card and travel documents but i didnt go through with asylem case just i did finger prints i call to my nearest asylem office they still says your case is pending for interview..also i got a letter from USCIS it says if you want to continue with asylem just sign it and return us if not just dont take any action.
Now my question is that if i go back to same country that i applied for a asylem before its gonna make a problem gor me or not..please give me best answer thankyou in advance
First, if you no longer want asylum, you can email the asylum office and tell them. Include a copy of your green card. You can find their contact info if you follow the link at right called Asylum Office Locator. Second, if you return to your home country, it could cause the USCIS to believe that your original asylum application was a fraud. If that happens, it can create problems for you (including losing the GC). So if you return, make sure you are prepared to answer questions (and present evidence) about why your asylum case is true, and why you can safely return to your country. Take care, Jason
Thankyou for respond me jason 🙂
but USCIS letter said that if you dont want to continue with assylem dont take any action its clearly mean i dont need to do anything right? But i call to my nearest assylem office they said you need to write a letter its make me so confused what the best thing i can do ?
I did not see the letter, so I do not know, but I would contact them by email and ask about withdrawing the case. If you do not withdraw the case, you could end up with a deportation order, which makes it much harder to return to the US if you want to do that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thankyou so much…take care jason
Hi Jason,
my question is that I am a permanent resident/green card holder based on asylum.
I want to travel abroad, to a neighbor country of my country, not to my country.
My passport from my country was expires last year.
I was told by my attorney, that I can apply for a new passport from my country though an embassy here in Washington DC.
However, I was explained from other attorneys that I can not apply for a new passport from my country.
to travel abroad I need my green card and valid travel document that I have to apply.
last year before I granted my green card I traveled with a travel document and my passport from my country before it was expired. and I had to show my passport when I was traveling to other countries. they really didn’t need to see the travel document.
what should I do? apply for a new passport or for travel document?
Thank you
It is best to have the Refugee Travel Document and use that to travel, but all countries do not accept it. If you get your passport, you do create some risk that USCIS will question you about getting a passport from a country where you fear persecution, and in the worst case, USCIS could terminate your asylum and GC (though this is probably very unlikely). If you fear a terrorist group and not your home government, the risk is even smaller. But of course, the risk is not zero, and so if you can get by with only the Refugee Travel Document, that is safest. Take care, Jason
sir i have a serious problem 1 person who is greencard holder through asylum. visited his home country n married 1 of my relative 1 yr ago now he is nt trying to take his wife to USA for the demand of dowary.
he is greencard holder since 1nd half yr n married since 1 yr.
kindly give me suggetions what are the process girl side should do to be safe and cancel his USA citizen?
all family from girls side are in his home country.
Sorry – I really do not understand what you want to do, so I cannot answer. Take care, Jason
I have a question. I just sent my asylum application last month.
I’m still waiting for any reply from USCIS. My problem is this. My passport will be expired this year and I have no more Identiffication Card. May I apply for a passport to my home country?
Thank you.
If you do, it could affect your eligibility for asylum. This is a bigger problem for people who fear their home government (as opposed to people who fear terrorists in their country and the government cannot protect them from the terrorists). Most lawyers, including me, recommend that you do not renew your passport. But if you need it, you will have to balance that need with the effect (if any) on your asylum case. Take care, Jason
Hi Jason,
Thanks for your help on this platform. I am an Asylee with a travel document. My job requires me travel a lot to Africa. Convenient flights are through my country(Which I fear persecution). Can I transit through my country of birth airport? Could this be considered as availing myself to the government whom I fear persecution?
Thanks,
Shalom
I think this is an unnecessary risk to your asylum status. I highly recommend you find an alternative flight that does not go through the home country, even for a transit. Take care, Jason
Hi Jason am green card holder through asylum and am travel back home because my mother is sick and am under investigation background check I did the interview and waiting for oath ceremony like 1 year it’s safe to travel i been there few times with no problem but I don’t know now.
Hopefully, it will be fine, but travel back to the home country can create problems and can cause USCIS to examine whether your original asylum case was valid. You have been waiting a long time, and this could be the reason for the delay. You can call USCIS to ask – their phone number is on the website http://www.uscis.gov. If that does not help, you can contact the USCIS Ombudsman – a link is at right, and they can sometimes help with delayed cases. Take care, Jason
Dear Jason,
I’m confused between the consequences of (a refugee’s travel to home country) and (an assylee’s travel to home country). In my case as a refugee, will i face the same risks as an assylee or the risks are different. Does your reply (The issues when a person returns to his country after receiving are basically two things: (1) Does the person need asylum or is it now safe to go back to the country and so asylum is not needed and came be taken away; and (2) was the original asylum application a fraud.) apply to refugees as well. I have been reading your blog and USCIS website and what i have understood from all these is that refugees are not treated as assylees for traveling to home country. We really appreciate if you give us an explanation on this issue amd make it clear for us.
Kind Regards, Mat
I think they are treated the same. Legally, the only difference between a refugee and an asylee is that the refugee got his status overseas while the asylee got his status inside the US. So I think the same rules apply. Take care, Jason
hi
Hi Jason
i have a problem returning to the us after asylum. ten days after getting my asylum i had to return to my country for some issues.now how can i return to the US and what kind of form should i file? (my asylum request was from Hisa.third country)
You can try to return, but it depends how long you were away. Upon returning, you could be detained and then you may have to present a new claim for asylum to an immigration judge. Without knowing your specific situation, I really do not know. I recommend you talk to a lawyer in the US about your specific circumstances to see whether you would have a problem returning. But in general, the longer you are in your home country, the more likely you are to have your asylum taken away by the US. Take care, Jason
thanks Jason. but what kind of form should i file for returning to us? i.90 or i457 or……… which one? i would appreciate your help
Good question. I think you might need a lawyer to research this. If you do not have a Refugee Travel Document, I am not sure how you can return, and the fact that you went to your home country means it is likely that you will lose your asylum status. If you cannot contact a lawyer to research this, contact the US embassy and ask them. Take care, Jason
Hi Jason!
I was admitted as a refugee not asylum to USA from Iraq. I havent got my Green Card yet. My father was very sick and old and he was lying in bed back in Kurdistan-Iraq and my mother was old and sick too. Nobody was ready there to help my father and mother and my father asked to see my two little daughters as his last will. We applied for travel documents and now back in Kurdistan with my wife and children. I worked as a translator gor US Army thats why i got resettled in USA. Can we travel back to US if we stay here for 2 or 3 months. We were afraid of terrorists not the government. We have been hiding inside my fathers home. Can you tell us if we will have any problems returning back to USA
You may have a problem returning, but there is no way to predict that. I think you should be prepared to explain why you went to Iraq. You might want to have evidence of your parents’ health problems with you in case you need it. If you do have a problem when you return, you can claim asylum at the airport in the US. You (and even your family) could be detained, but hopefully this would not be for long (though it could be for months, especially for you since you are an adult male), and then you can present your asylum case in court and explain why you left. My guess is that ultimately you would win such a case. But I also think that you will probably not be detained when you come back here, and that you should try to return if you want to be in the US (but again, there is some risk). Good luck, Jason
Thank you very much Jason for your best information and we have some hope now. Even if we have no problems at the port of entry, Will we have any issues in the US for example getting our green cards or citizenship in the future because of our return back home? And does our travel eqally affect all of us or me as a principle refugee differently than my wife and children differently.
The principal attorney usually has more to fear from returning home than the dependents (in some cases, the dependents are not even from the same country). Also, you could have issues when applying for a GC or citizenship – that is why you should keep evidence of the reason for your trip in case you ever need it. Take care, Jason
Your information is really helpful Jason. Although i have medical report for my father’s disease. I wonder what kind of issues we could have in the future in getting our GC or Citizenship! If we have issues with GC or Citizenship will they deport us or make us leave us or delay our GC and Citizenship! Kind Regards, Mat
The issues when a person returns to his country after receiving are basically two things: (1) Does the person need asylum or is it now safe to go back to the country and so asylum is not needed and came be taken away; and (2) was the original asylum application a fraud. If USCIS raises either issue, you have a chance to defend yourself with USCIS and – if that fails – in immigration court. The more evidence you have re: a return trip and the reason for the trip, the better prepared you will be to defend yourself, if that become necessary. Take care, Jason
Sorry Jason i forgot to ask about the process of asking for asylum! Is it done at the port of entry? Besides, i heard of people being denied or inadmissible and i wonder if this applies to us. Thank You very much again.
If they let you return, you do not need to ask for asylum, you can just enter the US since you are already a refugee (basically, refugee status and asylum status are the same thing). If they want to reject you and force you to leave, you can claim asylum at the airport, which is where you (most likely) will be detained and then you can present your asylum case to an Immigration Judge. Take care, Jason
Dear Jason
I wonder what kind of issues we may face for when we apply for our green card or citizenship in our situation. Are we going do be deported because we traveled back home for a sick relative or what happens. Thank you again. Mat
I doubt you would get deported, but the government may question you about the return trip. If you have evidence about why you returned, and why you still face danger in your country, it might help you avoid USCIS trying to terminate (take away) your asylum and then sending you to immigration court. Take care, Jason
Hi ,I came in usa on C1/d visa but did not join the ship.i have filed asylum application and it is pending from one year .i want to go back home country .will there be any problum at airport when I try to leave USA?
Hi
I am having an assylum case in process still we are aelien so I want to know that if I will go to a third country other than my homeland to meet my mom on Advance payroll. Will there be any problem in my return back to US and will my case be affected by it? Please reply.
Moreover there is another question can I switch my asylum case into any other case and what shoul be that cass
If you have Advance Parole, you should be able to travel to a third country and return to the US. As for switching to another case, I do not know what you mean. If you want to seek a green card some other way, if you are eligible for that, you can try, and once you get the GC, you can withdraw the asylum case. Take care, Jason
I doubt you will have a problem leaving. I do recommend that after you leave, you contact the asylum office and tell them that you want to withdraw your case. That may make it easier to return to the US if you ever want to come back.You can find the asylum office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello sir. me & my wife have asylee status and want to travel for short time to home country on travel document for death of father in law, hospitalization of brother and selling of a lot. is it better idea that one person travels and other stays here is USA, in order to sponsor/file petition for the spouse in case denied re-entry to USA ?
It may be safer if the dependent (as opposed to the principal) asylum applicant return, but in any case, there is a risk of losing status by returning. As discussed in the article above, you can try to minimize the risk, but it still exists. Talk to a lawyer to go over how you might reduce the risk, but the safest course is to not go, if that is possible. Take care, Jason
Thank you very much sir for your valued reply. Can asylee inside USA, help asylee spouse who have been denied re-entry to USA (after coming back from short visit from home country)?
If the person has been granted asylum, he/she can file an I-730 for the spouse to come here (they have to file within 2 years of being granted asylum). If the person is still waiting for a decision in the asylum case, they cannot help the spouse come here. The spouse would have to get a visa, the same as everyone else, and this would be difficult given that they were once an asylum seeker. Take care, Jason
Jason. Thank you sir for your kind guidance. Me & My wife have asylee status since 1 yr (July 20, 2016). We are preparing to file form i-485. my wife’s father has passed away suddenly and my brother had a heart attack and is in hospital. Also we need to settle some property matters after death of my wife’s father. We need to travel back to our home country (country of persecution fearing from religious terrorist group). We have Travel Document. we plan to stay 1.5 month in home country (as we got cheap tickets). My questions are: 1) Is it safe & justified to visit home country for above mentioned humanitarian reasons 2) what documents should we bring while seeking re-entry to USA. 3) should we file i-485 now or after returning from home country. If we file now we’ll have re-schedule the fingerprint appointment may be once or twice. Thanks in advance
I replied to this previously – if you did not get the response, please let me know. Take care, Jason
Ya got it. Thank u so much. God bless u
Hi Jason, thank for really helpful information i have a question I’m A Green card holder i got my gc through asylum and it’s AS6 category and i do have my refugee travel document and it’s valid n i have a visa on my RTD to Amman ( Jordan) which is not My COP, i just want to know is there anyway i can travel to my COP for a short visit because i want to make an eye surgery and i don’t have medical insurance here in the united states and i just wanna let you know I’m traveling to Noth of iraq ( Erbil) which is the safest place in iraq but still it’s my COP
Hi Jason. Thank you sir for your kind guidance. Me & My wife have asylee status since 1 yr (July 20, 2016). We are preparing to file form i-485. my wife’s father has passed away suddenly and my brother had a heart attack and is in hospital. Also we need to settle some property matters after death of my wife’s father. We need to travel back to our home country (country of persecution fearing from religious terrorist group). We have Travel Document. we plan to stay 1.5 month in home country (as we got cheap tickets). My questions are: 1) Is it safe & justified to visit home country for above mentioned humanitarian reasons 2) what documents should we bring while seeking re-entry to USA. 3) should we file i-485 now or after returning from home country. If we file now we’ll have re-schedule the fingerprint appointment may be once or twice. Thanks in advance.
1 – I understand why you want to go, but you are risking your status, and the trip could cause you problems. At the minimum, have evidence related to the reasons for travel (medical documents, death certificate, letters related to property issues). 2 – The refugee travel document should allow you to re-enter the US. You should also have your passport. 3 – The main advantage of filing the I-485 now is that the form is going from about 6 pages to 22 pages, and if you do not file in the next month or so, you will need to send the longer form. Otherwise, it is up to you, though it is better not to have to reschedule the fingerprints if you can avoid that. Take care, Jason
Thank you sir for your valued reply. In case we are denied re-entry to USA at chicago airport upon return, what do you think what options do we have then? Thansk
If you are at the airport in the US, you can request asylum at the airport. You likely will be detained, but if you have a legitimate case, you should be able to present the case to an Immigration Judge. If you leave, you can apply for a new visa to return here, though it will be more difficult to get since you were previously rejected from entry. Take care, Jason
I think the US government will view that as a very poor reason to return to the COP. You can do eye surgery in Jordan or another place where you are not in danger. Maybe you have a doctor you like in Erbil, but I would recommend not going there unless it is absolutely necessary, as it could create problems for your asylum status. Take care, Jason
Even if it’s really short trip for like 13 days and to kurdistan which is a regional government ??
Kurdistan is part of Iraq. If your trip causes the US government to believe that you can live there safely, they can potentially take away your status. The risk of that may not be great, but it exists, and given our current president, I recommend you be very careful about this. Take care, Jason
Hello,
13 years ago I got my green card via asylum, in 2012 I visited my country for my mother’s funeral and last year I visited Nigeria to see a friend, shortly after visiting Nigeria(June 2016) I complete the naturalization form(N400), my case has being on FBI name search since then, is my case delayed because I travel to these countries, is there something I should do to correct this situation.
Thanks for your advise
That may be the reason for the delay. You may need the help of a lawyer, but at this stage, you need more info. Try contacting the USCIS Ombudsman – a link is at right. They can sometimes assist with delayed cases or at least, hopefully, give you more info. Take care, Jason
Hey Jason,
I have a question regarding travel. I recently got my LPR via asylum, and I would like to travel to see my fiancee and friends in Europe. I have a valid passport from Iraq. Can I travel without the need to obtain a travel document? I need to travel ASAP, and the travel document will take at least 90 days (I already applied for one last week).
Thank you very much for your time.
Mo
You can travel with that, but the travel may cause you problems in the future. Where a person gets asylum and them uses a passport from his country, the US government may believe he no longer fears his home government. In general, for Iraq, where the person usually does not fear the government (he fears terrorists or insurgents), using a government passport to travel is less of a problem, but you still may need to explain it (so maybe have evidence about why you need to travel on short notice and keep that evidence in case you ever need it; also evidence that you fear terrorists and not the government of Iraq). Of course, if you do fear the government of Iraq, using a passport will be more difficult to explain. Take care, Jason
Hi how are you i fram Pakistan i did get saylum in Germany 7 _6_2014 and i come back to home 26_11_2016 because my mother passed way i was in Germany ingolstad please can i go back
I do not know about this – you need to ask a lawyer in Germany what is the law in that country. Take care, Jason
Hi Jason,
How have you been? As an Asylee, I applied for adjument of status to green card last year December and did my biometric too but I haven’t heard from USICS since then. My EAD work permit is expiring in September 2017 and as my employee asked me to have it renewed. My question is;
Can I file my I-765 as early as 110days before expiration date? And where do I pay for form I-765? Lastly, can I file my form electronically?
Thanks Jason, I look forward to your reply.
Felix
I think you can actually file up to 180 days before the old EAD expires (it used to be 120). Also, I think you can file electronically. If you check the form I-765, available at http://www.uscis.gov, it should have info about filing electronically. Take care, Jason
Hi jason.thanks a lot for ur wonderful information for the guidance of all refugees.i got Granted asylum last month after long long wait.my question today is that I m a doctor n my country and i missed my medical license exam since 5 years .now after granted asylum I wanna go back to attend my exam for 2 weeks n October..so do u think I wll face problem at airport while I m traveling at refugee travel document.?I have threats from terrorists group n my country .please let me know what kind of documents or evidences I should take while I m coming back .thanks
If you return to your country, you risk losing your asylum status and you risk being detained at the airport once you return (and then you may have to re-apply for asylum with a judge while you are detained). It would be better to do the exam in a third country, if possible. If not, and you decide to return, keep the trip as short as you can and have evidence about the reason for the trip and how you stayed safe while in your country. In truth, it is not so likely that you will have a problem returning to the US, though the problem certainly can happen then or – more likely – later on. So keep the evidence even if you make it safely back to the US in case you ever need it. Good luck, Jason
Hi Jason,
Your articles are really informative and helpful, thank you! Question: If someone has an asylum application pending (it’s been about 150-180 days) and has his 2 young children in his home country and needs to go there to bring them here (U.S.) due to the possible risk of the country soon not allowing people to leave because of the political situation and possible enforcement of new laws, would this reason for returning briefly to the home country (the country he is seeking protection from) be more likely to not have legal implications on his asylum status in the U.S.? That is to say, given that his returning to his home country briefly is due to family members (his 2 young children and his mother) left behind who are at risk of not being able to leave if impending laws/political changes occur (and who are also already at risk for their safety if they stay in the country), do you think this could more likely constitute an acceptable reason for USCIS for his brief return? And therefore be presented as the reason for leaving and wanting to come back without it changing his need for asylum and affecting his asylum status?
If so, would the best way still be for him to request and obtain advance parole? Including if this is very time-sensitive that he needs to try to go back to get them?
Thank you so much in advance for any response and help!
If you have an asylum pending case, you may not be able to re-enter the US if you leave – unless you have Advance Parole. And it takes maybe 3 to 6 months to get AP after you apply. Whether the reason you give for returning will hurt your asylum case, I do not know. It depends on the case. For example, if you fear your government, yet you can return home, pass through government security at the airport, etc., it may call into question whether the government actually wants to harm you. If you fear a terrorist group in your country, it may be less of a problem. The reason for travel is certainly understandable, but maybe someone can bring the children to a third country and you can meet them there. This would at least avoid the problem of returning to the home country. I think you still may need AP to come back to the US though. Talk to a lawyer if you want to be sure about that. Take care, Jason