A common question for asylees (people who have been granted asylum) is whether they can travel using their home country passport. If all were right in the world, this would never be an issue. Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document, and it is best to use the RTD instead of your home country passport.
Unfortunately, the RTD is valid for only one year, takes 10 or 11 months to renew, and is not accepted by many countries. For these reasons, asylees (and people who received a Green Card based on asylum) are often unable to use the RTD and are left with a difficult choice: Either skip the trip or travel using the home country passport, which can potentially have negative implications for a person’s status in the United States.
In this post, we will talk about the RTD and then discuss travel using a passport from your home country.
For asylees, the best way to travel and return to the U.S. is with an RTD. But the problems with the RTD are many. First, not all countries accept the RTD. You can find websites that purport to list nations that accept the RTD (with or without a visa), but it is unclear whether such information is reliable. The better approach is to contact the country’s embassy and ask directly. Some embassy websites even have information about whether they recognize the RTD and whether a visa is required.
A second problem is that the RTD is valid for only one year and renewals currently take almost a year. If your RTD is valid and you want to renew it, you need to send the original RTD along with your application for a new travel document. While I have heard about people applying for a new RTD without sending the original, the instructions are clear on this point, and if you have a valid RTD and fail to include it with your application to renew, you risk rejection. The solution would be for USCIS to extend the validity of the RTD, an idea that has been floating around for years and whose time is long overdue.
Despite these issues, for asylees who do not yet have a Green Card, the RTD is usually the only option, since that document is required to re-enter the United States (an exception might be an asylee who also has TPS or who has applied for a Green Card based on a family relationship or employment–such people can obtain Advance Parole).
What about an asylee who has an RTD, but who uses her passport to enter a third country? This is a common scenario, since some countries do not recognize the RTD. Would an asylee be at risk of losing her status if she travels with her passport?
There are several reasons that a person’s asylum status can be terminated, including two that might be relevant for our purposes: (1) if there is “a showing of fraud in the alien’s application such that he or she was not eligible for asylum at the time it was granted” and (2) if the asylee “voluntarily availed himself or herself of the protection of the country of nationality… by returning to such country with permanent resident status or the reasonable possibility of obtaining such status….”
Using a passport issued by a government that seeks to harm you may raise suspicions about fraud. You could be asked to explain why you used the passport and why your home government issued you a passport in the first place. It is worth thinking about these questions before they come up, and having an explanation ready in case it is needed. One common explanation is that the home government issues passports to everyone and does not have the capacity to track political opponents and deny them passports. Evidence for this might include news stories about opposition political figures who travel abroad (presumably using their passport). If you do not fear your home government, but instead fear non-state actors (such as terrorists or violent family members), this is obviously less of a concern. Even so, be prepared to explain the situation, just in case you are asked.
There is also the issue of voluntarily availing yourself of the protection of your home country by using your passport (and thus placing yourself under the home government’s protection). However, this provision only applies if you return to your home country and does not apply when you use your passport to travel to a third country. So unless you go to your home country, this should not be an issue.
Here’s another scenario: You have a Green Card and a valid passport, but you do not have an RTD. Can you travel and return to the United States?
First, you can re-enter the U.S. using your Green Card, as long as your trip was for less than six months (keep in mind that any Green Card holder can abandon his residency if he spends too much time outside the United States).
Second, in terms of a risk to your status based on use of your passport, the only real issue here is whether your original asylum case was fraudulent, as discussed above. As long as the U.S. government does not conclude that the asylum case was fake, you should be fine.
In general, the risk to your status caused by using your passport is probably minimal, though it is not zero. In my own practice, I have many clients who received a Green Card based on asylum and who traveled using their passport. None has had a problem re-entering the U.S. or during the naturalization process.
For asylees and Green Card holders who received status based on asylum, it will always be better to use the RTD. However, where you must use your passport, you should be prepared to explain the situation. In this way, you can minimize any risk to your immigration status in the United States.
Hi Jason,
I am a derivative asylee, AS7 category.
I wasn’t listed in my wife’s case, and my wife case wasn’t against gouvernement but against a person and a groupe.
My dad is extremely sick and I’m planning to go back to my home country for two weeks. I do have a valid home country passport That I will use to travel, I’m traveling with my 2 kids that are US citizen a 5 years old and 2 years old.
Am I going to be in trouble when traveling back to the US?
Thanks for you in advance.
Under these circumstances, I do not see why you would have a problem returning to your country and coming back to the US, as long as you have a Refugee Travel Documents or a green card. I suppose if anyone asks, you should be prepared to explain that you do not face danger in your country and that you were a dependent on your wife’s asylum case. Take care, Jason
Hello Jason, first thank you for what you’re doing for people like us!!
1. What’s the new validity period of the Refugee Travel Document?
2. It’s been almost a year I applied for RTD, I haven’t received it yet. Can I refiling since it is taking too long?
3. If I re file it does it going to start over the time?
4. What are the requirements for naturalization for Asylees?
Please and thank you.
1 – It is still one year. 2 – It takes more than one year to get the RTD, so this wait time is “normal.” If you need to expedite, you can try that. I wrote about expediting in general on January 29, 2020. I think it will not help to file for a new RTD. 3 – There would be a 1+ year wait for the second RTD and the application could be denied, since you cannot have two RTDs at the same time. 4 – They are the same as for everyone – enough time in the US with a GC, no serious criminal issues, fill the form and pay the fees. I wrote about naturalization for asylees on December 2, 2020. Take care, Jason
Hi Jason,
I am a derivative asylee, AS7 category. I was not listed in my wife’s case to be in fear of prosecution. Currently, I have applied for a travel document which is taking extremely long. I do have a valid home country passport, and have an urgent need to travel to Europe for a business meeting, my understanding is that I should not have any major risk with traveling to the UK with home country passport, is my assumption correct.
Thanks for you your guidance in advance.
As a dependent, I highly doubt you would have any issues. I guess if your spouse’s case indicated that the home government wants to persecute you too, you should be prepared to explain why you used the passport. But this is pretty far-fetched and I imagine you will be fine. Take care, Jason
Hi Jason
Trust you are doing great. I have a pending asylum case. I hav a brother who is getting married in Canada late this year. So I want to confirm my doubt on about traveling to attend his wedding. I have to apply for Advance parole and a travel document right since my country of origin passport has expired and I cannot renew it anymore right. This is just to confirm about getting these two documents. Thanks
You need Advance Parole to return to the US (I wrote about that on September 11, 2017), but there is no way to get a travel document (i.e., a document you can use instead of a passport) from the US government while the asylum case is pending. Maybe you can somehow get permission from Canada, but I kind of doubt it – I guess you can contact their embassy to ask. Take care, Jason
Hello Jason,
I filled combo application (I-485,I-765, I-131) when I was a granted asylum. My I-485 and I-765 was already approved. But, I-131 is still pending more than 1 years. Now, I am permanent resident holder(GC). Should I refilled I-131(re-entry) application or waiting current case result? Should I get re-entry permit or refugee travel documents since my immigration status was changed? Thanks for your time.
I always recommend the RTD for asylees, even if they have a GC, but some people try to use the Re-Entry Permit instead of a passport. Whether that works as well as the RTD, I do not know. In practical terms, I doubt it would be much faster to apply now for the Re-Entry Permit, since you will (hopefully) get the RTD in the next few months. I do think you could have both documents, and so if you didn’t mind spending the money, you could apply for the Re-Entry Permit as well. Take care, Jason
Hello, would you please help me with an advice in my situation.
I’m in asylee status with I485 pending and as Ukrainian I’m eligible for TPS status. My RTD will expire next year. Can I use TPS travel authorization document I-512T to reenter U.S. after my RTD goes for 17 month renewal.
Hey Jason!! Do you think I could have any issues if I get global entry I’m an As6 green card holder!! I already applied and I’m just waiting for my interview!!! I’m gonna have to use my home country passport for global entry but I got my passport 5 years before my asylum was granted… thank you for your answer
I doubt you will have issues, but you should be prepared to explain why you are using a passport from a country that wants to persecute you (of course, if you fear non-state actors, like terrorists, this is easy to explain). Of course, it would be better to get the RTD (as discussed in the above article), but that takes along time and is only good for a year. Take care, Jason
Did you get your global entry yet? I am planning on doing this too
Btw, I am a green card holder through asylum and I just finished my trip in Mexico and re-entered to USA. When I presented the customs officer my green card he asks for my passport as well. Then he asked my like 10 questions like why you visited Mexico, how long did you stay there, which cities did you visit .
Then he asked me to stay still and left to negotiate with a higher ranking officer in other counter before letting me in.
My friend said this is very normal since any green card holder would be asked with these questions and since this is my first time travelling abroad with my green card they had to make sure I am the right person.
For those people wondering about global entry I applied on December 7th 2023 and was conditionally approved the same day, then I schedule an appointment on February 2 2024 and I was approved I’ll get my global entry card in two weeks!!! I used my home country passport!!! The officer told me that there’s no issue in using your HC passport besides you have use your green card for global entry not your passport!!!!
Thank you for sharing this. Take care, Jason
I guess if you have TPS and get Advance Parole, you can use that to re-enter the US for as long as it is valid. You would need to use your passport to travel, and that could raise red flags as discussed in the above article (probably not, but you should at least be prepared to explain why you used a passport from a country that wants to persecute you). The RTD would be better, but takes forever. Take care, Jason
Hello! I have a pending asylum and eligible for TPS. I got TPS approved. I don’t have a passport. I want to get the TPS travel doument but I read that the TPS advance parole is not a substitute for a passport. Can I use the TPS travel document alone by itself without a passport? Since I’m pending asylum only I cannot get the refugee travel document I think. Any suggestions? Thank you so much!
If you have TPS, you can apply for Advance Parole (you can also do this based on pending asylum, but it is more difficult). However, that only serves as a re-entry document (like a US visa) and cannot be used as a passport. Also, the RTD is only for people who have been granted asylum. As far as I know, your only option is to use your country passport, and that could maybe have implications for your asylum case. At a minimum, you should be prepared to explain why you used or renewed your passport when you fear harm from your home government, and why your government was willing to renew your passport. If you fear non-state actors, like terrorists, this is much easier to explain than if you fear your government. Take care, Jason
Hello Jason! Hoping you’re having a good day!! Well I’m an As6 green card holder I’m planning on traveling to a third country but my RTD hasn’t been approved yet!!! I want to travel with my passport!!! My asylum was approved on 2021 and got my greencard on 2022 three months after the year and one day!!! But my passport was issued on 2015 so I already had my passport before my asylum was approved
The article above discusses the implications of travel, but I have not had a client who had trouble because he traveled to a third country with his passport. I think you should be prepared to explain why you used the passport (since the RTD takes forever), just in case you are asked. Take care, Jason
Hi Jason,
Thank you so much for this informative article. I’m green card holder for 2 years through asylum. I visited a few countries this year with RTD and no issue at all. But I’m told by an officer at airport that I should use my national passport. But I think he was not sure about that. My RTD will be expired in 3 months and I will apply to get a new one. But the problem is it takes 17 months to get a new one. That’s why I’m considering of renewing my national passport and need to visit another country(not my home country) for my brother mental issues(he feel much better when he see me).
If an officer ask me “why I’m using my national passport instead of RTD”, I’m thinking of explaning them:
1-) a new RTD takes longer time,
2-) my brother health documents(including mental issues)
3-) I’m told by another officer that I should use my national passport. But I don’t have any proof for this
I was very honest and clear during asylum interview,I explained them at asylum interview that I wasn’t jailed, wasn’t beaten and I didn’t have any serious issue in my country but I don’t feel safe there because of Human Rights. And in that time, I didn’t prefer to renew my passport and I’m not sure if I told them that I don’t feel comfortable to renew it. I still feeling uncomfortable about renewing my national passport but I have to take risk for my brother and my other family members. I wanted to check with you to hear your opinion on my case.
Do you think that my reasons are acceptable?
Do you have any client that had any issue at airport or during naturalization because of renewing national passport?
Does an officer have a right to terminate my green card?
Thank you for your time in advance.
I have not had any client who had an issue due to renewing the passport or using it to travel. Nevertheless, I think you should be able to explain why you renewed and used your passport. I think numbers 1 and 2 are good reasons; I think # 3 is not really a good reason and I would not mention that, as you have no proof and it is basically incorrect info (not too surprising, as officers sometimes do not know the rules very well). I think if you have the RTD receipt, it will be evidence that you at least tried to get an RTD. I think all this may be a bit over cautious, but it seems to me that it is better to be safe than sorry, and if a more hostile administration comes into office, it will be good to have evidence to explain why you renewed and used your passport. Take care, Jason
Hello Jason. Thanks for your blog and taking time to respond to questions.
I got my green card as an asylee and later became a citizen by naturalization. I have traveled to my home country twice using my U.S. passport with a visa issued by my home country embassy in the U.S.
Will I have a problem (revocation of Citizenship) as a U.S. citizen if I renew my country’s passport and use it to travel to my home country instead of using my U.S. issued passport and a visa.
Based on your experience, have you had any asylee client who obtained and used his/her home country’s passport to visit their home country after becoming a U.S. citizen.
Thank you in advance for your response.
Evel.
I have never had a client who had trouble under these circumstances, and the only cases I know of where this happened involved people who were war criminals. That said, the Trump Administration created a de-naturalization task force that was designed to root out cases where a person obtained US citizenship through fraud. I do not know that the task force is still operating, but if Trump (or someone similar) returns to office, it could be revived. While I highly doubt you would have trouble, I would be prepared to explain why you traveled to your country and how you stayed safe, just in case you are ever asked. Also, I would keep all the documents related to the asylum case, in the event that you ever need them. Take care, Jason
Hi Jason, Thank you for your time and guidance. My mother got her GC through asylum this year. Her case is because of non-state actors (Taliban). Now I got my citizenship and also her other two children became U.S citizens. Can we apply to change her status in her green card through our citizenship via her existing AS6 GC type so she can travel to home country freely to visit her sister who is in dead-bed and return back to the U.S. without any problem. or can she travel to home country with her back home country passport and asylee Green card to have a quick goodby with her sister. Thank you!
I know of no way to change the GC, and even if you could, it would not erase the fact that she once sought asylum. Also, the Taliban were non-state actors, but now they are the de facto government. If she returns to Afghanistan, she will need to be able to explain why she returned and how she stayed safe. My guess is that she will not have a problem re-entering the US (at least not under the current Biden Administration – if Trump returns, that might change), but she could be asked about this at the her citizenship interview if she applies to naturalize. Either way, she should be prepared to explain her travel and how she stayed safe. I wrote more about this issue on January 6, 2016 and that may give you more ideas. Take care, Jason
Hi Jason I have a couple of questions and would appreciate if you would like to answer them.
I am a green card holder through asylum and I am planning on visiting Mexico with the passport of my home country that of course is not Mexico. The application of this passport was submitted before my asylum interview that actually passed before I received the passport by mail due to delays caused by pandemic.
So when I exit the US customs, when I show the officer this brand new passport, will he allow me to leave the country in the first place? I assume I have to show my green card to him as well?
And if I do end up making my trip in Mexico and when I re-enter the US two weeks after, can I only show my green card and state ID without showing that passport?
Thank you
I doubt this will cause problems. However, you should be prepared to explain why you are using the passport from a government that wants to persecute you. This is easy to explain if you fear non-state actors like terrorists, as opposed to the government, but even so, you can provide an explanation. Of course, it would be better to get a Refugee Travel Document (form I-131, available at http://www.uscis.gov), though that can take a long time. You should be prepared to show your GC and passport when you return to the US. I discuss this more in the article above. Take care, Jason
Hi Jason! Fellow immigration attorney here.Your posts are so informative and really explain things well. I send them to my clients! I just have one question. Here, you state that people can travel on their passports without obtaining an RTD. How do you square that with 8 CFR § 223.1(b) (“Except as provided in § 223.3(d)(2)(i), a person who holds refugee status pursuant to section 207 of the Act, or asylum status pursuant to section 208 of the Act, *must* have a refugee travel document to return to the United States after temporary travel abroad unless he or she is in possession of a valid advance parole document”)? It would be great if people don’t need the RTD, but I am wary of having them travel without it even if they understand the risks. Have your clients successfully been readmitted as asylees without the RTD? Thank you for considering this question.
Thank you. An asylee does need an RTD to re-enter the US. I have never had a client leave and return without the RTD (or Advance Parole). I think the above-article is talking about using the passport to visit other countries and then returning to the US with the RTD, or for asylees who have a GC, using the passport to travel (which I don’t love, but it is difficult to avoid given the limits of the RTD) and then returning to the US with the GC. Otherwise, I agree with you that an asylee cannot re-enter the US just based on the fact of having asylum alone. Take care, Jason
Hi sir, i am from Africa and i have a pending asylum application, i was recently approved of my green card through marriage. I had send a withdrawal letter for the asylum case and I never heard anything back, can I travel to the UK (not my country of prosecution) with my home country passport and the green card without having a problem coming to the States. Thank you sir for all you do.
You should be able to do that. As discussed in the above article, you should be prepared to explain why you used your passport, just in case you are asked. Also, you can follow up with the asylum office by email – you can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hey, Jason
Thank you for your time first to even reply, not everyone does that.
I had 2 traveld documents so far and applied for 3d one. I have green card also. Travel document is taking forever for no reason. My home country passport expired and I did renew in embassy in August. I need to travel for a short trip in Europe, which is not close to my country of persecution.I will have to use my home country passport. Will they revoke my green card if they see I did renew my passport and I did use it. I have won the asylum as homosexual persecution, so belong to the group memeber.
I am super stressed and people am asking are freaking me out that once your back they will revoke and not let you in US.
Thank you again
It is discussed in more detail in the above article, but I have had many clients travel and it has never been an issue. You should be prepared to explain why your country was willing to issue the passport and why you got it, but for LGBT cases, it should not be difficult to explain – often times, the most dangerous harm is not from the government, but from community members (the government will not protect you). Even if you fear the government, the embassy may still issue a passport, as they are not aware that the government back home wants to harm you. Take care, Jason
Hi Jason my husband has applied for assylum I am dependent on him. We applied in 2016 but have not received any interview date. Now my mother is sick and on death bed I want to visit her to see her for the last time. Even my passport of my home country has been expired. Can you please guide what should I do.
Thanks
You can try to expedite your asylum case, but that likely will not work and then you would have to file a mandamus lawsuit. I wrote about expediting on March 23, 2022 and that might help. You can also get a passport and then get permission to travel and return to the US. This is called Advance Parole, and I wrote about it on September 11, 2017. You will need to expedite the AP request, which is difficult to do, but you can try – I wrote about expediting in general on January 29, 2020, but basically, you call USCIS at 800-375-5283 and if you can reach a person, you can ask about emergency AP. At the asylum interview, your spouse may need to explain why you got a passport from a government that wants to persecute him (assuming he is seeking asylum from the government), but that depends on the case. In any event, you can try to expedite asylum and apply for emergency AP (and get a passport) and hopefully, something will work. Good luck, Jason
Thank you Jason for such a detailed reply and guiding us.
Hey Jason , I am a green card holder through asylum and I work for a company that requires a travel document – passport. It is really difficult to keep my RTD current since it takes about 17 months to get it and it is only valid for 12 months. Do you think in this case is better if I get my country of citizenship passport here at the embassy just for the propuse of work I won’t be traveling to my country of citizenship at all
People do that, but there is some risk, as discussed in the article above. It sounds like you can explain why you need to use the passport. You should also be prepared to explain why the government that wants to persecute you was willing to renew your passport. Of course, if you fear non-state actors (like terrorists), this is easy to explain, but if you fear your home government, there may be some risk if renewing the passport causes USCIS to suspect that the asylum case was fake. In short, you need to balance your need for the passport with the risk that it will cause problems with USCIS, and if you are not sure, maybe talk to a lawyer to better evaluate any risk. Take care, Jason
Hi Jason! Thanks for taking the time to reply to all those questions. Asylum approved and green card application pending. Do I need an advance parole or a refugee travel document to travel abroad ?
Refugee Travel Document is the better document for someone with asylum. Take care, Jason
Hi there – I came here on a student visa and later on filed for asylum. I was then placed in removal proceedings. I am married and recently the judge terminated the removal proceedings based on a I-130 form. I have a pending marriage based Greencard and my combo card has been recently approved. Can I use my combo card and my home country’s passport considering the fact that I once applied for asylum to travel to a different country without any legal issues?
I think it is very unlikely you would have issues as long as you do not go to your home country. Nevertheless, you should be prepared to explain why you used your passport, if asked. Remember that even though your asylum case was withdrawn, it does not erase the fact that you filed for asylum at one time. Take care, Jason
Thank you for taking your time to respond to my question.
I read a lot of contracting articles regarding case terminations and dismissals.
When the Chief counsel joins the motion to dismiss removal proceedings and the judge dismisses the case, does that it is terminated? In my case, the immigration judge ordered “Dismissal”.I wanted to better understand the language behind these two terms.
Dismissal is the technical term. Some people call it termination, but as far as I know, that is not a legal term in immigration law (at least in the court context). It means that the case is no longer pending before the court and the court does not have jurisdiction over you. A new case could be initiated by DHS, but if the case is dismissed, there is no more case, meaning you can apply for relief with USCIS if that is an option. An alternative to this is “Administrative Closure” which means the court still has the case, but it is set aside and a court date is not currently scheduled. Take care, Jason
Hello Jason!! Hope you’re having a great day!!
I am a permanent resident through asylum!! And I’m planning on traveling to a country next to my home to country to reunite with my mom!!! Will I have any issues whenever I wanna become a US citizen???
If you use a Refugee Travel Document and do not go to the home country, there should be no effect at all. If you use your passport, check out the article above, as that issue is discussed above. Take care, Jason
Hi Jason! Happy 4th of July and thank you so much for this blog! I have a question, I am a green card holder through Asylum, and I recently renew my home country passport as they don’t require in-person appointment and they issue to everyone, another reason is I have a wedding to attend to in Europe( 3rd country and not the country of persecution ) and the travel document processing time is over a year. I already got the visa from that country on my home country passport, do you think if there will be risk to travel with my home country passport? Thank you so much!
Happy Fourth! I doubt there will be any issues. As I discuss in the above article, if you fear the home government, it does not hurt to be prepared to answer why you traveled with the passport and why the country issued you a passport, in the event that anyone asks. If you fear non-state actors, like terrorists, and not the home government, there should be no issue at all (or if you are asked, there is a very easy explanation). Take care, Jason
Will there be an issue if i renewed my passport with the country of persecution through embassy in US, and then attempt to use it to travel to a third country while having a green card based on asylum to reenter US? Thank you!
Probably there will be no issue, but if the asylum case indicated that the government of your country wants to harm you, the US government may want to know why that same government issued you a passport and why you chose to use that passport, so you should be prepared to explain this. If you do not fear your home government, but rather fear non-state actors (like terrorists), using your passport is not really an issue at all. Take care, Jason
Hello Jason! I hope everything is going well. I have a question related to this subject. If an individual obtains a Green Card through a different process and concurrently has a pending asylum application, I understand they should withdraw the pending process. Also, after the withdrawal is there an issue with using their home country passport or renewing it? Would it be preferable to travel after becoming a U.S. citizen? I know they should not go back to their home country.
Thank you!
You do not have to withdraw the asylum if you get a GC (for example, maybe you need a Refugee Travel Document or want to get status for a dependent). If you withdraw, it does not erase the fact that you filed for asylum, and so if you do travel with the passport, you should be prepared to explain why you did that. I wrote more about this issue (for asylees, but the idea is the same) on May 25, 2022. Take care, Jason
hi there! I have a hypothetical immigration question. Suppose someone had a grant of asylum due to a future fear of persecution by govt if they were to live openly as LGBT in country of persecution (but they never lived openly because of that fear). If they adjust to LPR, their underlying asylum status is technically terminated (Matter of N-A-I). If they were to then travel to their country of persecution for a very short trip (1 week) to visit family but still remain closeted in that trip, how big of a risk is it to their LPR status + future naturalization?
I think there is some risk – I wrote about this issue on January 6, 2016. The person should be prepared to explain why they returned and how they stayed safe. If the US government concludes that the asylum case was fake, it could cause problems. Take care, Jason