As the Senate inches forward on immigration reform, the bombing in Boston looms large. In a recent amendment, Senators agreed that asylum seekers will automatically lose their status if they return to their home country. According to the Washington Post:
Senators unanimously approved an amendment by Sen. Lindsey O. Graham (R-S.C.) that would terminate the asylum or refugee status of anyone who returns to his or her home country. Graham introduced the amendment after investigators discovered that Boston bombings suspect Tamerlan Tsarnaev had traveled last year to Russia and Dagestan after his family sought and was granted asylum from Dagestan in 2002.
I am sure, dear reader, that you will not be surprised to learn that I oppose this amendment. I oppose it because it is redundant, impractical, harmful to many innocent asylum seekers, and unlikely to accomplish its purported goal. Let’s take each objection in turn:
First, under the current law, if an asylee (or a lawful permanent resident who obtained his status based on asylum) returns to the country of feared persecution, he can lose his immigration status. The law as it exists now allows for some flexibility, and there is a procedure for terminating the alien’s asylum status. Given that an alien who returns to his home country will likely lose his asylum status, the Senate amendment seems redundant.
Second, the amendment is, at best, impractical. How will we know whether an alien has returned to her home country? Refugees are currently able to travel abroad using a Refugee Travel Document, which is similar to a passport. Let’s say a refugee wants to visit her home country. She can go to a neighboring country using the Refugee Travel Document, and then enter her home country with her passport. Or–better yet from her point of view–she can enter her home country without inspection (i.e., illegally). In either case, it is unlikely that the U.S. government would ever learn about the trip home.
And what about the scenario where a legitimate refugee travels abroad for a legitimate reason. He does not go to his home country, but his government lies and reports that he traveled home (the Russian government reported–truthfully–that Tamerlan Tsarnaev traveled to Dagestan). Perhaps the home government wants to harm the refugee, who the government views as a political opponent. Reports from unfriendly governments are potentially untrustworthy, so how can we rely on them?
Third, many innocent asylees have legitimate reasons to travel home: To help a sick relative, to engage in political or journalistic activities, to take care of property. Also, some people can travel home for a short trip and remain under the radar for their brief time in the home country. Just because a person is willing to take a risk and return home does not necessarily mean that she does not have a well-founded fear of persecution.
Finally, it’s hard for me to believe that this amendment would do anything to make us safer. Given how hard it is to determine whether an asylee traveled to his home country, and given the many legitimate reasons for such a journey, it seems very doubtful that the amendment will do anything to stop the next Tsarnaev-brothers type attack.
It seems to me that this amendment is an example of the Senate fighting the last war, and not fighting it very well. There are better ways to search for terrorists and extremists within the asylum seeker ranks. But I will leave that discussion for a future post.
Hello, I have my green card through asylum, I will be a US citizen soon. Can I go back to my country after I am a citizen.
I wrote a blog post about this on January 6, 2016 – maybe that will help. Take care, Jason
Hi Jason,
Your blog is really helpful. Thank you for all the information you are giving. I got my greencard through asylum. I am planning to travel Australia in near future. I can’t use my hand written passport anymore and I can’t change it to MRP. I have already applied for refugee travel document. So can I use my travel document for visa stamping?
Probably – but ask the Australia embassy to be sure. It may even be listed on the embassy website (for their embassy in the US). Take care, Jason
Hi Jason,
I got my green card through asylum. I am planning to travel abroad but my passport is handwritten so I can’t use that passport. I have already applied for travel document. My question is can I use my travel document instead of my passport to travel to third country?
You can get the Refugee Travel Document and you can probably use that to go to a third country. However, you need to check with that country’s embassy first, to be sure. Take care, Jason
Hi Jason,
I’m from Belarus and got my papers done through asylum approval. In a week I have my citizenship interview scheduled so hopefully will get my American passport soon. We have a way to get to Belarus through Russia since we have no boarder between, and that what I did once visiting my family 4 years ago. Since then my Belarusian passport got expired. So I can’t do that again. Now when I’m about to get my citizenship what would be my options to travel back home?
Depending on your case, this may be a bad idea – You should talk to a lawyer about that. However, for the most part, people with a US passport can travel to the home country without any issues. If you visited your family before, and did not report that on the N-400 form, and if the US government knows about it, it is a reason to reject your application and it could also jeopardize your green card. USCIS sometimes knows more than people think they know. If you travels to Belarus and did not list it on your N-400, and if you were my client, I would advise you to reveal it at the interview and explain what happened. This is also not a great path, so I think you should talk to a lawyer to get some advice about your specific situation. Good luck, Jason
Hi Jason, my asylum was granted a week a go.. My question is, I have two kids, 4and 11 and they are still at my country.. I know I have to file pertition for them, but how will they get here if I’m not allowed to go back to my country ?
I do not know. Maybe a relative can come with them, or bring them to a third country where you can meet them. I suppose you could go to your country to get them, but that may be a risk for you. If you do plan to leave the US, you should apply immediately for a Refugee Travel Document, using form I-131 (available at http://www.uscis.gov). Good luck, Jason
Hi Jason
I have Asyle beneficiary through my father I moved to USA 3 yrs ago but just got my green card and travel document so I want to travel to Ethiopia to visit my family but it seems that I can’t travel even if have a green card and travel document what should I do
Look forward
Thank you
I did a post a few months ago called “You can go home again (sort of).” Maybe that will be helpful. If you are a derivative, have your green card, and want to go home, it should be possible. I do recommend you talk to a lawyer first to help ensure that you will not have problems due to the trip. Take care, Jason
Jason:
First of all thanks for putting up such a insightful website for users. Really appreciate the precious time and efforts you are putting in to educate people.
If I can ask you something, It would be great if you can provide link to the articles In this case (You can go home again (sort of)) that you are referring to, it would be very easy for people to access those links and get answers .
Thanks Again.
I put up the links that I had; some of these posts just rely on sections of the law, which are not so easy to link to. Take care, Jason
Hello I m jagroop singh I want know that I have submitted asylum case in USA but nw my asylum is pending plz let me know that my girlfriend is us citizen and we will meriage soon after meriage I should country out to home country or any one and I don’t have I 94 card now I have social and work permit plz reply Thnks
I do not understand your question. If you marry a US citizen and if you are otherwise eligible (entered US legally, no other reasons for being ineligible), you can marry her, get your green card, and dismiss the asylum case. You should talk to a lawyer to see whether you are eligible. Take care, Jason
I got a green card through asylum in the U. S. and yes I have visited my country of origin twice and I plan to visit it this summer as well. Would that inhibit me from becoming a US citizen. By the way I have not had any issue with the customs when returning back to the U. S.
Thanks for letting me know about the customs issue (or lack of issue). You have to list each country you visited on your form N-400 when you apply for US citizenship. Your travel back home may cause problems for you at that time. You should be prepared to explain (with evidence) why you were able to return home safely when you originally asked for asylum. Maybe USCIS will not ask you about your return trips, but it is better to be prepared than surprised. Take care, Jason
alex, did you go through the third country or directly?
did u use a travel document or just your home country passport?
Alex,
Did you travel directly to your home country? Did you have to present your passport when entering US? Please explain how it was possible getting in US without getting questioned by an Immigration officer?
When I first got my temporary travel document I first flew to a neighboring country then from there went to my country with my regular Passport from my country, Of course I did not tell the US customs about me going to my country, they did not ask either because it was not showing in my travel document.
once I got my green card I flew straight to my country stayed there a month and a half, when I got back the officer checked my green card then my passport and saw the red Stamp asylee in my passport, then he made a remark “ Things must have changed in your country “ I replied by saying not that much and he just handed my passport and let me in.
This your when I go back to my country Im gonna get a new passport so the big ASYLEE stamp wont be anymore in my passport.
You take a risk returning to your home country, and it is likely that your travel was recorded, so USCIS has a record of it. If you apply for your US citizenship, you are required to list every country you went to. In some – but certainly not all – cases, if USCIS learns that you returned to your home country, they could re-evaluate the asylum and consider termination. Also, if you do not list that you returned to your country on the N-400 (citizenship form), and if USCIS knows this is not true, it could result in denial and possibly cause them to place you into removal proceedings. Take care, Jason
Hi Jason,
I flied asylum in USA as my family was against my marriage as it was an inter caste 1 .. I went to USA on tourist Visa and then got entry for 6 months but i filed my case before entry for 6 months was getting expired and even got extension to stay legally before entry got expired so thats how i was not illegal , not even for a day .. after that got my SSN and work permit and worked only for 2 months and mean while things in my home country (INDIA) were improving as i got to know my family wanted me to come back as they were ready to accept my marriage so the day i got to know this ,, i left from USA and just spoke to my lawyer to cancel my case as i am going back to my home country , once i arrived my country , i went to US embassy and there i got to know my tourist visa was canceled , i felt bad bcos my intentions were never wrong.. Now i want to apply for tourist visa once again and just for tourism purposes .. Is that possible or what are the chances like to get tourist visa once again.. and my husband also went with me and came back together from USA and we got married in USA.. I will be waiting for your reply.. I feel really bad when i think about this that my tourist visa was canceled as they changed my status to refugee.. but i want tourist visa again..
If the embassy thinks you might violate your tourist visa by remaining in the US (to seek asylum or for any other reason), they will not give you a tourist visa. The fact that you actually applied for asylum and returned home makes me think that it will be more difficult for you to get a visa. However, if you can explain all this (and also show them that the asylum case was not fake), and you can show significant attachments to India (job, property, family, etc), maybe you will get a new visa. Good Luck, Jason
Thank you for your help.. and i wanted to let you know that yes we have started working already and we have got married again in India too and we are staying together at my Husband’s house.. Do you think , i should again apply for tourist visa now ?? Thank you in advance..
I suppose you can try. Good luck, Jason
Hii jason.. My name is ervin. Im in proccesing to get my green card with the court, its been like 7 years pending in imigration court. And my parents got sick very bad thats i want get some short trip to my home country. Its that possible?? Cause i want get back to US and i dont have a green card yet.
I think you cannot travel and return to the US if your case is in court. Maybe you can get your case terminated and then travel using advance parole (form I-131) while the green card is processed by USCIS, but this depends on your case and may not be possible. If you are in court, it is much better to have a lawyer help you. The lawyer could also look at your case and try to help you answer your question about travel as well. Take care, Jason
Hi Jason i am hussein from Uganda and an asylum and my mother filed the case in 2012 and she own it ,we came here with my younger brother in 2014 and now 24yrs .03/11/2016 we got our green cards so my question z i wanted to visit fiance for our cultural marriage in wat should i do as am planning on going? ??
I wrote a blog post about traveling to your home country after receiving asylum – it is from January 6, 2016. Maybe that will give you some idea. Take care, Jason
Hi Jason,
I was granted my asylum 5 years ago. My husband joined the US armed forces and he got his citizenship soon after we received our green cards. Anyway it became imperative for me to go back home because of an emergency. I stayed there for about a week and came back. When i came back from my country the immigration pulled to talk to me why i had gone to my country. i told them it was an emergency. Anyhow it is now time for me to apply for citizenship and i am afraid i might be denied. My husband has since become a citizen thru the armed forces. Should i apply using him as my sponsor or should i apply on my own?
I think you have to apply on your own, since it is your green card. You cannot have a “sponsor” to become a citizen. I do think you will need evidence of the emergency and you should be prepared to explain why you went back and that you spent the minimum time in your country. I wrote about this topic on January 6, 2016, and maybe that posting will be helpful for you. Take care, Jason
Hello Jason, my mom and I are asylee derivatives, my father has granted asylum in U.S. because of persecution in India. My mother went to India with her green card but not with Refugee Travel document. By the way I told my mom thousands of times not to go back to India but she wants to meet her elderly parents because they are very sick. I kept telling my mom don’t go don’t go and I told her to carry Refugee Travel document but she didn’t listen and went to India, She knew she had fear of persecution but still she went back. So my question is will she be safely allowed to re-enter into U.S. (She is derivative asylee) Thanks looking forward to your reply
She will probably get in to the US alright, assuming she did not remain outside for more than 6 months. However, the border is unpredictable and they certainly could give her trouble when she comes back, including initiating proceedings to take away her asylum status. If she applies for citizenship, she has to reveal each country she visited, and this may cause problems for her. She should gather evidence about the reason for the trip and try to keep the trip as short as possible. Since she is a derivative, the danger is less, but it is better to be safe than sorry. I wrote a post about this on January 6, 2016, which might be helpful. Take care, Jason
Thanks Jason
Hi janson
Thanks for all thise information im asylum n i got us citizen now so can i travel to my home country?
As I discuss in a blog post dated January 6, 2016, the risk of losing your status now that you are a citizen is very low. However, the risk is not zero. Take care, Jason
hey jason i just filed an asylum few months back should my family come to meet me in usa for a week on a tourist visa?? do they will face problem in getting the tourist visa from india??
We have had cases where spouses of asylum seekers were denied a visa to the US, so they might have problems. If they have good evidence that they will return to India at the end of their visit, maybe they will get the visa, but I imagine that your asylum application may make it more difficult for your family to get a tourist visa. Take care, Jason
Hey Aman,
I was in the same situation and my family applied for a US visa to visit me. Thank God they were granted visit visa and they enter the US with no problem. Good luck
Hi jason pls am asylee just few months ago but I already have residents more than 5 years can I apply for citizenship now or do I have to wait for my asylum id expiry
I do not understand your question. If you have asylum in the US, and you got it one year ago, you can apply for a green card. If you have a green card based on asylum, you can look on the card and it says “Lawful Permanent Resident since [date].” You can apply for citizenship 4 years and 9 months after the date listed on the green card. Take care, Jason
Hi this is Hassen, I’m an Asylee Seeker, I didn’t get an interview yet, it’s been almost year and a half, I’m originally from Iraq but I left it since 2006, lived in Jordan for almost 10 years.
My family still live there in Jordan, and I miss them very much, Can I travel to see them or it’s illegal ?
You can travel – you first need to apply for Advance Parole using form I-131 (available at http://www.uscis.gov). It can be difficult to get, as you have to give USCIS a “humanitarian” reason for the travel (for example, a doctor’s note if you have a sick relative). Also, potentially, you will have problems re-entering the US, and it would be worthwhile to consult with a lawyer before you go, just to be safe. Take care, Jason
Hi Jason thank you for this blog ,am a ugandan by nationality but i have stayed in south afica for 5 years now,i would like to go back to uganda and travel to the USA,will it be possible for me to acquire avisa and go to the US? and if so will i be granted asylum in the usa despite the fact that i hve ever been to another country before
thanks
I do not know whether you qualify for a visa to the US; you can certainly apply and see what happens. As for asylum, you will need to explain why you need it and why you cannot stay in South Africa (why you are not “firmly resettled” in South Africa). We have done a number of cases like yours – where the person lived in South Africa for a time – and it usually does not block them from getting asylum if they otherwise qualify. Take care, Jason
Hi this is Nazmul I am asalyee granted & I have green card.i am born in Bangladesh.i manage my Bangladesh passport so can I use my passport or I need traval documents.i decided I can’t visit my country but I decided I have to go Malaysia & meet my family members so I can do it or not plz give me some advice future or re enter USA
It is better to travel using a Refugee Travel Document. You apply using for I-131, which is available at http://www.uscis.gov. Take care, Jason
Hi,
I filed an asylum in USA. Now i am married to an Irish girl. I am going to withdraw my asylum case. My question is will they bar me from re-entering to usa when i go to ireland? or When i get an Irish citizenship whether it will impact when i come to usa or they don’t issue a tourist visa? Thanks
It may be harder to get a visa in the future, but if you have Irish citizenship, you should not need a visa. My guess is that unless you violated your status in some way, this will not have much affect on you in the future. Take care, Jason
Hi Jason I’m trying to bring my brother from Syria his lif in danger the want him to go fight isis and he dosnt want I called the mbc and they said he have to go to the mbc in Lebanon and tell the his lif in danger but the problem is he can’t enter there with out paper from the mbc for appointments what should I do to help him get appointment please help me ????
This is not something I know about. You should find an immigration lawyer who helps people get a visa from overseas. Many do that, but I do not. Good luck, Jason
Hi Jason,
I am an asylee, now green card holder for the last 4 years and recently applied for my citizenship, still waiting for USCIS to acknowledge the receipt of my application.
Can I visit my home country at the moment. Would that be any issue for that?.
Thanks for your response
As I describe above, there could be. If you can wait until you are a citizen, that is safer, but if you have to go, you should take precautions to minimize the risk with USCIS. Take care, Jason
Hello Jason!
I am an asylee and I have my green card. I was granted asylum in 2007 but due to financial problems I didn’t apply for my green card till recently. I have never been out of the country. Do you think it will be a problem of I go to a neighboring country? I’m originally from Ethiopia and I can go Kenya and my family can come see me there.
There should be no problem at all to go to any country in the world except Ethiopia, so Kenya is fine. Take care, Jason
Financial problem of 1070$ for 9 years? Ouh please spare me.
Hi Jason, many thanks for your blog. I have a question: Assuming my wife is granted asylum and files i730 for me. If I am granted derivative asylee status, can I travel to my home country with passport . The country of persecution for my wife is different from mine. I look forward to your advice. Thanks
I do not see why that would be a problem as it seems to have nothing to do with her case. If you are worried, for sure talk to a lawyer, but based on what you say, it seems fine. Take care, Jason
hi jaison
m from india i want to ask that i have a tourist visa for UK i go there in UK and stays in my friends house….can i stay with her for lifetime with my tourist visa
hi
i m from india if i make a tourist visa for UK…and then i go to UK as a tourist is fine but suppose after going to UK i dont return to my country and my visa got expired what action can b taken can i just stay in UK with my friend in hid house for life time
I do not know about the law in the UK – you need to talk to a lawyer there. Take care, Jason
You are Lord Jason. How do you get patience to answer such irrelevant questions!
Lord, give me patience – and give it to me right now!
AM A GHANIAN PLEASE I WANTED TO SEEK ASYLUM IN U.S AM FACING PERSECUTION HERE IN GHANA I DON’T HAVE ANY TRAVEL DOCUMENT BUT A GOOD SAMARITAN PROMISE TO BOARD ME WITHOUT ANY TRAVEL DOCUMENT TO U.S THEN I CAN SEEK ASYLUM AT PORT OF ENTRY CAN THIS HAVE NO DANGER ON ME
If you arrive in the US without a valid visa and request asylum, you most likely will be detained – maybe for only a short time, or maybe for the length of your whole case (months). Also, the airline could face fines for allowing you onto the plane. Take care, Jason
Hello Jason
Thank you so much for your responses for all this questions people ask it helped a lot. Ok my short story is this my boyfriend got a green card thru asylum and he will get his citizenship in 2018. His little brother is very very ill and is getting surgery so he got his travel document and was suppose to travel to a third country to go visit his brother for 25 days. The problem is that won’t work nomore because his family used all the funds for his brother surgery and the plane ticket for that country was 1200 extra than just him going straight to his home country. We are so confused and so scared because we aware of the high risks . But he will be staying at the hotel for the whole time he will be there and he will hide in the village too so I will stay away from government n all do you think if he has all those proof after he comes back he can write to immigration and explain himself??? Please help
He should keep records of why he needs to travel to the home country – evidence of the brother’s illness, the length of his trip home, and maybe a letter from the family explaining why the brother could not travel to a third country. You should not give it to USCIS unless they ask (which they might when he returns to the US or, more likely, when he applies for citizenship). Returning to the home country is not an automatic bar to keeping your asylum status, and it sounds like there is a legitimate reason. However, he could certainly have a problem if he returns home, so there is some risk. I recommend that he talks to a lawyer before he goes in order to protect himself as much as possible. Take care, Jason
Hey Jason
first of all thank you so much for this blog and for your answers
I gotta a question for you, my friend has got his green card through asylum, a year later he got married to a U.S citizen, he needs to go back to his country, can he cancel his green card and get another one through marriage and use it to travel with ?
the other question is
worst case scenario if they denied his asylum once he is back from his country can his U.S citizen wife do something to bring him back
The main concern here is that USCIS would think that the original asylum application was a fraud, since he went back home. I do think if there was a problem, the US citizen wife could file papers to help him, but it would be best to avoid the problem in the first place. I am not sure about canceling the first green card and getting a new one through the marriage. I am working on a post about traveling to the home country after getting asylum, but that will not be posted for at least a couple weeks. I think it is worthwhile to contact a lawyer to discuss the case before he travels. Take care, Jason
Hi my mom claimed refugee status I am from America and I want to leave Canada I have no passport and I wish to return home how can I leave as soon as possible my mom will stay but I do not wish to stay here anymore where do I go for help what do I do I live in Toronto thanks
I do not understand the question. If your mother is seeking asylum in the US and you are her child, you can leave anytime. If you return to your home country, it could affect her case (USCIS will wonder why you returned home if the country is unsafe). Hopefully that answers the question. Take care, Jason
Hi Jason,
I am a US citizen, and I get naturalized trough the asylum status what I get in 2002. Originally, I am from Belarus.
Next year I want to go to Russia, and I cannot get a Russian visa due to a supranational union or agreement between RB(Republic of Belarus) and RF(Russian Federation). It means I must use my Belorussian passport entering to and leaving from Russia.
Since Belarus does not cancel Belorussian citizenship automatically after Belorussian citizens get other citizenship, Belorussian citizens must be present psychically in Belarus to obtain a cancellation of Belorussian citizenship. According to current amendment I cannot do it.
So, now looks like I faced a point where I not will be able to go to Russia.(and Belarus) It is means NEWER!
What options do I have? If there anything what can be done because it is against the US constitution where EVERY US citizen have a right to travel.
I am very confused and I am feel like I get discriminated.I feel like in my case this amendment is affecting my rights as US citizen. I just cannot feel equal as other citizens. This amendment make me feel worthless. Please help…
Thank you in advance.
I am not sure what it is that you can’t do – You can get a refugee travel document (form I-131) and use that to travel. Also, I suppose you can travel on your Belarus passport, but you do run a small risk that it will cause problems for you in the US – before you do that, you should talk to a lawyer to make sure you understand the risk (but it is small). Take care, Jason
Dear Jason,
Thank you for a very fast respond. I appreciate all your help for many people.
Regarding my case, I do not think what I can qualify for a refugee travel document because I am already US citizen. This kind of request will look strange for immigration office because this document for only for green card holders or white cardholders, and most it is for emergency re-entry for those groups of people.
I went over Belorussian consulate in US rules, and looks like I can try to do a request for citizenship cancellation from US. But first, I have to register with them as Belorussian who lives in US, and then start the cancellation process.
Can you please let me know if there any US immigration law amendment what states what I cannot do it (means to contact , register, and and do a request with Belorussian embassy).
For example, if US citizen (who was born here) wants to do a US citizenship request, he should contact US officials in writing, right? So, it is legal. Why dual citizen of other country cannot do the same with his previous citizenship in favor to US citizenship?
I hope it make sense.
P.S. I do not want to go to Belarus, just Russia.
Thank you
I can’t think of any reason why you would have a problem with the US if you cancel your Belarus citizenship. Going to the Belarus embassy should not be a problem for you either. Take care, Jason
Dear Jason.
Can you please check your email please?
Thank you,
Madlen
Hello! I am also from Balarus and have US passport.. I am so scared to travel to Russia.. Please, let me know if you have any info!! Thank you!
Hi Jason
I am an indian. I file a asylum because my life was in danger in india. My file is still in process. I dont have Green Card yet. My parents are very sick. No one is there for take care of them. So my question is “is there any possibility that i can meet my parents?” I mean can I travel to india and come back or can i meet my parents in any other country like Thailand or Singapore?
Or is there any other way i can bring my parents here? Thanks.
You can apply for Advance Parole, using form I-131, and if you get it, travel to see your parents in a third country. If you go to India, it will likely cause your asylum case to be denied. As for bringing them here, they would have to apply for a visa like anyone else. Maybe they will be lucky and receive one. Take care, Jason
hello jason, thanks for all the info. id like to know if its possible after filing the form 131 and doing the biometrics, if i can get them to mail the refugee travel document to an overseas US embassy or a way to expedite the process of getting the travel document after filing & biometrics. thank you
I know that a re-entry permit (also filed using form I-131) can be sent to an overseas embassy, but I think this is not an option for a refugee travel document (I am not sure – maybe double check the instructions). As for expediting, that is difficult. It usually only takes 3 or 4 months, but maybe now it is slower. I suppose you could make an InfoPass appointment, bring your receipt, and ask them to expedite. If you try it and it works (or does not work), please let us know, as others might benefit from knowing about this. Take care, Jason
I got US permanent residence based on Asylum, can I go to my country consulate and get a passport? that will jeopardize my status here in the US?
Some lawyer will tell you not to, but we have not seen problems for people who have done that. In my opinion, if you can avoid doing that, it is better for you. If you need to travel outside the US, you should use the Refugee Travel Document (form I-131), not your passport. Take care, Jason
Hi.i am Indian I have USA green card which based on aslyum . But I want travel to Thailand . If go with travel documents so any problem return back.
There should not be a problem. You should obtain a refugee travel document (using form I-131) before you leave, and you should use that to travel (in lieu of your Indian passport). Take care, Jason
Thanks jason
Hi Jason,
My friend was derivative asylee and got his green card in 2010. Last year his father passed away and he went home for the funeral. He stayed there for 12 days. He applied for US citizenship and his interview is scheduled for next month.
He stated in his naturalization application that he has traveled home.
could this be an issue during the interview and reason for him not to get citizenship ?
It could be – He should have evidence about the reason why he went back, length of stay, any precautions he took while there. But since he is the derivative, it is less likely to be a problem. It may be worthwhile to consult with a lawyer about the specific situation, as there are many variables and it would be helpful for him to think about the potential issues before he attends the interview. Take care, Jason
Jason,
Thank you for the response
Hi,
I came to the US as a refugee five years ago.I am green card holder now. During these five years I came back to my country just for one month. If I want to apply for naturalize,do you think I be find trouble?
Thanks
Maybe. I think you need to consult with a lawyer about this, as there are many factors to consider. My guess is that it will not stop you, but it certainly is a complicating factor, and I highly recommend that you consult with a lawyer on this issue. Good luck, Jason
Thank you to reply to me. Sure I do.
Hi Jason, thank you so much for all the information, I have a question, I’m a green card holder though asylum, I was planning to go to Brazil for vacation, and so I was able to obtain my home country passport (Mexico) , but then someone told me that I could get in trouble if I used it, now I have a refugee travel document, which I’m planning to use for my trip, would I get in trouble for having my Mexican passport even if I didn’t use it? Would that stop me from becoming a US citizen? I’m very concerned about it. Thank you so much..
It is better not to use your home country’s passport to travel. I think the fact that you obtained the passport could theoretically cause some trouble, but in reality, that is very unlikely. Take care, Jason
Very good job Jason,
I am coming to Russia on a tourist visa along with my wife and 3 children s so please explain me step and its details to claim Asylum.
The best advice I can give you is to find a good lawyer – even if you do the case yourself, you should at least have a lawyer evaluate the strengths and weaknesses so you know how to proceed and what to expect. Good luck, Jason
HI Jason,
I read your article and understood most of the points, but I didn’t see a situation like mine. I was granted asylum 3 and a half years ago. I never got a green card through it because meanwhile I got married to a US citizen and decided to do it through my marriage. I talked with the attorney, who helped us with the application process, but he didn’t seem really sure about whether I’ll have any problem going back home or no. My husband is an Officer in the US Army and we never even had to go to the Interview for the green card ( they just gave it to me!) Have you had any cases like this and what’s the usual outcome? I’ve been a GC holder for one year in October- if this makes any difference.
Thank you in advance!
If you got your GC based on marriage, you should be able to return to the home country. The one risk you face is that USCIS will think that the original asylum application was fraudulent since you returned to your country. It is a risk, but if you have good evidence from your asylum case, it is unlikely to result in loss of your green card. If you want to be very safe, you can wait until you are a citizen (since there is a 3-year path to citizenship for people who got the GC based on marriage to a US citizen). Take care, Jason
Hello jason,
My husband got asylum here in USA and got his citizenship. I got asylee status subsequently and now i have a green card now. I wanted to see my mom and so can i go and visit the country where my husband was prosecuted. Please reply.
You can lose your asylum (or green card based on asylum) if you return to the country where you face persecution. There are things you can do to make that less likely, and I recommend you consult an attorney BEFORE you return. Take care, Jason
thank you jason. i really appreciate you prompt reply. take care.
Hi, thanks for the helpful blog. I am a green card holder based on asylem. My wife has GC based on my Asylem too ( butter). We have 2 kids both usa citizens. My wife is missing her famly alot.
Should i take all my family to my country of prosecution? Would it be a pronlem for us to return?
Is green card enough to travel with ?
It is safer to use a refugee travel document to travel (form I-131). Also, if you return to the country of persecution, you could lose your green card. I have had clients do it with no problem (yet), but there is a risk. It would be safer if your wife could visit a third country and your family members could meet you there. If you do travel back home, I highly recommend you talk to a lawyer BEFORE you go, as there are some things you could do to reduce the risk of a problem. Good luck, Jason
Hi Jason, I got assylum in south Africa and now I want to go back to my county, who will pay for my flight ticket back to my country?
I have no idea.
Thank you Jason for all this very helpful information. I have been an Asylee for the past 15 years I was not able to adjust status because of delay caused be USCIS which ended in putting a hold on my case during these years I married a US citizen and we had 3 children all born here the youngest is one year old I need to go back and see my father who is very sick he is 73 years old his emotionally affected by our separation and he need to see his grandkids I am planning to stay for two weeks I do not know what to expect at the port of entry when I get back I am so tired of the wait and my life has been almost over for my parents I just want to say goodbye. My question is will they detain me when return or will they send me back without a hearing.
This is a very unfortunate situation. If you travel using a refugee travel document, I believe you will be allowed to re-enter the US. They could detain you, but if you state that you fear return to your country, and that you only went to visit a sick relative, they should not deport you – the worst case should be that they put you in immigration court proceedings. I recommend that you talk to a lawyer before you go, just to be sure I am not missing something (since I do not know the whole story) and to see whether there is any way to help you get the green card. Take care, Jason
Thank you Jason for the prompt reply . I would like to talk to you and get your advice what is the best way to reach you.
my father was a mozambiquan bt has got permanet resident.and my mum was a south african.i was born in mozambique can here when i was twelve yrs.i took id bt my id is non south african.so my father died 2012 @ maregana and my mother died b4.my problem is i apply for a passport i need 2 find my fathers family in mozambique.but i was given document for travel purposes so i was returned back at the border.tell me im a refugee a have to apply 4 a visa.
i want’s to know that if someone get political asylum from any country i.e. UK or other. if the government of the country from where he was born , ask the government of the country where he seeks political asylum that we want this man back it found culprit then what is the law? can the man give back ??
I think it depends. If the man is wanted for a crime, and there is evidence about that, he might be sent back. Normally, however, when someone has asylum, he is never sent back.
Hi Jason, thanks so much for your blog!
How likely is it that these amendments will become a real law? And when?
Do you think it would cancel the asylum status even if the person had an emergency to go back and stayed only for a few days?
Do you think it would cancel the asylum status even for a US citizen?
That’s a really ridiculous amendment, I hope this will never happen.
I do not think we will see any of these changes in the near future, but in general, if an asylum – or a green card holder who was an Ashlee – returns to her home country, it could cause her to lose her status. For citizens, I think it is possible that returning to the home country would cause a problem, but it is very unlikely, unless maybe there are other issues.
Thank you for all this information you shared with all of us here, i have a big question that i kinnda don`t get a good answer to. My grandpa is about to pass a big surguery back home and he has nobody to be with him, He is preety old and might not even make it, I wanted to go back and be with him on the hard days. My first question is:
1) Will they let me in my country with my passport without a question?
2) Do I have to make traverlers documents to be able to travel as an asylee?
3) Will US let me back in again after I visited the country which I was seeking an assylee from?
4)Did I lose my original Citizinship since I am a permanent residency of the USA?
It is difficult to answer these questions by internet. It would be much better for you to talk to lawyer before you go, so the lawyer can examine your specific situation. In short, you can travel to your home country, but if you do, you risk losing your asylum status. If you explain that you went for an emergency (to help your grandfather) and you have evidence about that, it may help you keep your status, but to really protect yourself, you need to talk to a lawyer. Also, if you plan to leave the US, you should try to get a refugee travel document, using form I-131 (www.uscis.gov). The problem is that it will take several months to get the travel document. Good luck, Jason
Hi Jason, Thanks for writing this article and for your comments. They are very helpful.
I was granted asylum and received my green card couple of days ago.
I am very hesitant about going back to the country that I have persecution because I’m well aware of the risks.
Do you think the risk will still be there if I chose to wait a few years for my us citizenship and then go back to my country of origin?
This risk – at least as far as your US immigration status is concerned – is much less if you are a US citizen.
Hi
My name is diala , I got my asylum approval and I need to travel out of the United state .
I know that I need to apply for the travel document , but I wanna know
How long is gonna take me to get the approval for the travel document?
for how long I can stay out off the United state ?
Is my traveling out off the United state can affect my immigration status ( asylum approval)?
Thank you for your help…
It takes at least a few months to get the travel document. If you plan to stay outside the US for more than 6 months, I would talk to a lawyer before you go. Also, if you plan to travel to your home country, that could cause problems.