“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.
Dear Jason,
Thanks for all the support. I obtained my green card based on Asylum two years ago. I’ve have been living in US for 6 years.
I am informed in july that my aged mother has big surgery according to the doctors. I came to the conclusion that I need to be close to her during this difficult time and my father is passed away. Is it alright to go back original country for 5 days? Thank You for your advise in advance.
Thank You
The article above discusses this in more detail, but there is some risk to your status. If you have a GC, the risk is probably fairly small, but it is not zero. You should be prepared to explain why you returned (to be with your mother) and how you stayed safe during your trip. If you do not fear the home government, that should be easy to explain. If you do fear the government, you should think about how you will explain this, so you are ready in case you are asked. I have had asylee clients return to the home country and they have not had any issues, but most of them feared terrorists and not the government. In any event, if you are prepared to explain and have some evidence, that will help minimize the risk. Take care, Jason
Thank you for your clarification, should I submit the evidence at citizenship interview or provide them with my N400 Application?
Thank You
The N-400 asks that you list every country you visited since you got a GC, and so you will need to do that, but I would not provide any evidence about the trip unless they ask for it. I would have that evidence easily available, so you are ready if they ask. However, there is a good chance they will not ask about it, and so I would not submit it unless they do. Take care, Jason
Dear Jason,
I am writing on behalf of a friend who recently traveled to his home country to visit his ailing father after obtaining his Green Card through asylum. He traveled through a third country and re-entered the US without any issues. However, he has two concerns:
1. At the airport, he reentered the US using his home country passport, but the officer only scanned the passport without asking any questions. He did not explicitly mention that he was coming from his home country due to a misunderstanding caused by his limited English proficiency. He thought the officer was only asking about his last departure point.
2.mHe is worried that a former acquaintance, who is aware of his travel to his home country, might report him to immigration authorities due to a personal disagreement.
Could you please advise on the potential implications of these issues and the best course of action? I am assisting him due to his language barriers.
Thank you for your assistance.
He will have to report the travel when he applies for citizenship, as that form (the N-400) asks for all countries visited. I doubt it will cause any major problems. As discussed in the above article, he should just be prepared to explain why he returned home and how he stayed safe, and he should have evidence for that (such as evidence of his father’s health condition). As for the person threatening to report him, if he thinks that happened, he might try to do a Freedom of Information Act request – I do not know that he would be able to get any report, but if he does and there are falsehoods in the report, he might consider a civil lawsuit or examine whether reporting false statements to the US government might be a criminal act. I do think he must tell the truth about visiting the country if he is ever asked, as the US government may know about that (from the acquaintance or some other way) and if he lies about his travel and the US government knows that, it could cause problems. Take care, Jason
Hi Jason, I am an LPR based on asylum and been in the US for 3 years and I want to share some context about myself before asking my question:
– I am indisputably gay and have so much evidence to prove this as I did in my asylum case that it would be impossible for the US government to prove I am not actually gay.
– My country of persecution is well known to be hostile towards LGBT people, even the US department of state admitted as such and it is common knowledge in the US.
– My asylum case felt really easy to win because of the above two points.
– My family really wants me to visit them and I do miss them a lot and not going to lie I do miss my country of persecution, there are so many shades of grey around my feelings. I feel like I really need this visit for my mental health.
– I plan to go on a 2 week trip using my national passport + greencard. I don’t want to use a RTD as I don’t want to out myself as an asylee to my COP.
– There is a legitimate risk to my life by doing this trip but I feel like I can stay under the radar for such a short amount of time and believe I can go back to the closet temporarily.
So my question: ignoring the risk to my life by taking this trip, how bad of an idea is it to go on this trip in terms of trouble from the US govt when trying to come back to the US? I fear being denied entry to the US. I also fear that I will jeopardize my n400 naturalization if I take this trip. In your opinion, is this trip a really bad idea? Or could I reasonably do it if I am aware of and accept the potential consequences from COP? I realize it is a bit ironic that I fear the US govt more than my COP but visiting my COP while closeted and living in my COP while out are VERY different things to me.
I think the chances of being denied re-entry are essentially zero. The very worst case, which I think is close to impossible, is that you would be detained upon re-entry and charged with some type of fraud. I do not think that is a realistic worry, and it sounds like if that happened, you would be able to win the case. I think more realistically, you might be asked about your travel at the naturalization interview or maybe upon re-entry, and so you should be prepared to explain why you went back and how you stayed safe. I doubt any of this would block you from returning or becoming a citizen, and I have had many clients take similar trips and they had no problems. Take care, Jason
Hey Jason,
I’ve been in the U.S for a few months now and me and my family came here on visitor visas but however have now applied for asylum due to the ongoing political war in my home country, is there any chance that after I’m granted the asylum stay I could maybe go home next year for a few days to meet some people since I’m still young and would like to see my friends. Thank you
Asylum cases usually take a long time, and so it is unlikely that the case would be resolved quickly. Also, returning home can have a negative affect on your status. I wrote more about that in the article above, but basically, you need to be able to explain why you returned and how you stayed safe, and if USCIS is not satisfied with the explanation, it could cause them to try to take away your status. Take care, Jason
Hi Jason! My husband and I wanted to go back home this year to clear some issues we have pending in the country we were born. He applied for asylum, and I was the dependent in the case. My father had some health issues, and I personally would love to take care. We just recently became US citizens, I would like to know if there’s a chance of getting citizenship revoked if I go back?
Thank you Jason for your in-depth post! I have pending asylum since 2016, no interview yet. My passport is getting expired soon and I can’t renew it online (in-person visit required). If I go to the Consulate, how would it affect my asylum case?
It depends on the case. If you are fearful of non-state actors, such as terrorists, it should have no effect. But if you fear your home government, you will need to explain why you renewed the passport and why the government was willing to renew a passport for someone who it wants to persecute. I have had many clients renew their passports and I can’t remember anyone ever having a case denied for that reason, though I suppose that is not impossible. If you are able to explain, that should help. Take care, Jason
Hi Jason,
as a derivative asyulee I would like to visit my home country for weeks with a refugee travel document. But I just applied for my green card ealier this month, is without a green card makes this visit even risker?
Thanks!
I do not know about the home country government, but it should be ok under US law. If you to visit the country as a derivative, it should have no effect. The only exception might be if the principal applicant stated that the whole was was in danger. If that is the case, you should be prepared to explain why you returned and how you stayed safe. Take care, Jason
So for a derivative, with or without a GC does not matter, in the case of returning his home country. Can I say that?
It is safer to have a GC, but in general, there is no problem for a derivative to return home, unless there is something in the asylum case indicating that the derivative would be in danger in the home country. Take care, Jason
Hello dear Sir, my immediate family wife and kids are still left behind in Afghanistan and I’ve got my green card through Asylum it’s been 3 years I’ve not visited them I really miss them a lot is it safe for me to return for a short period of time for visiting?
Hopefully, the consular processing is moving along, but it is general slow for Afghans, especially since people have to do the interview somewhere else (usually Pakistan). In terms of visiting, it is obviously better to meet them in a third country, but if you have to return, you should at least be prepared to explain why you went back and how you stayed safe. If the return trip causes the US government to think that the original asylum case was fake, it could create problems for you. It seems unlikely in the case of Afghanistan, but it does not hurt to be able to explain your trip, if asked (when you return here or at the naturalization interview). Take care, Jason
Hey Jason. Thank you so much for providing so much valuable information on your blog.I have a question that would be greatly appreciated if you could answer?
My parents applied for asylum in 2023, this year. They came to the United States around October 2022 and filed for asylum in February 2023. I have been living in the US since 2020. I am married to a US citizen since March 2022. I applied for a green card a year ago and I just got my Conditional Greencard. Since my grandfather has health issues, I would really like to visit my home country. I am concerned that I might have trouble getting back into the country or obtaining citizenship since my parents are asylum seekers.
My name is not mentioned in their claim and I am not involved in their application. I just assisted them with their application.
Best regards
I highly doubt their claim would have any effect on you – I have never heard of such a thing. Possibly, they would need to explain in the asylum case why their child returned to the home country, but it sounds like this can be explained. Also, by getting a GC through marriage to a US citizen, you are eligible to apply for your own citizenship 3 years after obtaining the conditional GC (assuming you are still married and meet all other requirements). Once you are a citizen, you can file to give your parents their GCs. Take care, Jason
Hello Jason, I am a permanent resident and I have my AS8 category green card, my mother has declared us all and she is now already an American citizen.
I already have a ticket for my home country for January because I will be having a wedding with my fiancée there.
And I have the Passport of my country I did not use the travel document because it will take several months to arrive.
I’m going for 3 weeks and back.
This won’t cause any problem when I return?? And it is possible on my return to declare my wife to come to the USA by showing documents of our marriage?? Also, the regime that my mother had fled the country to change and there is another new president and a very nice new administration in place. How will it be??
If you were a dependent on the case, it should be ok, but if your mother’s case indicated that you would also face harm from the government, you should be prepared to explain why you went back and how you stayed safe (and it sounds like you can explain, given the new government). In terms of your wife, you would need to file an I-130 for her once you are legally married. This process can take a year or more, depending on your country. If she can get to the US on a visa, maybe you can file for her in the US, but you need to be careful about that, since she could get into trouble if she enters the US as a tourist and then marries you – it could cause USCIS to think that she lied about the tourist visa (by claiming that she planned to leave the US after her visit). I would talk to a lawyer to figure out the best way to approach this situation. Take care, Jason
Hello Sir . I am living in USA from 10 years I have a green card but I am a derivative asylum because of my father . Now he is a US citizen . I just have to go back for 20 days for my wedding . I already renew my passport of my mother country but I don’t have any travel document. I only have my green card SSN my state driver license. Can I travel back without any Issues ???
You need a passport or Refugee Travel Document to travel, but otherwise, that should be fine, as long as the trip is less than 6 months. Derivative asylees (or Green Card people) are really not affected by the asylum case itself and so your travel should be ok. If your father had mentioned in his asylum case that your whole family is in danger, you should at least be prepared to explain why you returned and how you stayed safe, just in case anyone asks. Take care, Jason
Hi Jason,
Firstly, thanks so much for providing such valuable information.
I was granted political asylum in 2011 on the basis of gender, sexual orientation and religion. It’s been 12 years since I left my home country and haven’t been back since then.
I became a U.S. citizen in 2021. Currently, I work for a manufacturing company and my boss asked me to go back to my home country to inspect a vendor’s manufacturing plant. We are in the process of purchasing equipment and I need to oversee the production to make sure everything is made according to US standards.
My question is, is it safe to visit my home country for two weeks for business?
The country’s conditions haven’t changed, however during my visit, I will be working and staying with my family, and out of trouble.
What kind of consequences will I be facing when I return and how do I prepare?
It would be very surprising if you had any issues at this point. I suppose if the return trip caused the US government to believe that the original asylum case was fake, they could start the very long and difficult process of trying to strip you of citizenship. As far as I know, this process is very rare – I know it has been done to Nazi war criminals. Realistically, I think the likelihood of having a problem with US immigration is very low. Take care, Jason
Hey Jason!
I have a greencard from the AS8 category, we followed our mother in 2017 after declaring us behind her asylum. I have my greencard it’s been 6 months ago I and want to travel to my country of origin for 3 weeks and then return to the US. Will this be a problem so that I do not return to the US or??
If you were a dependent in an asylum case, it is generally not a problem to return to your country. One issue might be if the principal applicant indicated that the whole family was in danger. If so, you should be prepared to explain your return trip and maybe also use of your home-country passport. Also, of course, it is better if you have a refugee travel document (form I-131, available at http://www.uscis.gov). I wrote more about dependents, including some info that may be relevant to you on January 26, 2022 and February 10, 2022. Take care, Jason
Hi Jason my question is I am derivative asylee I got my green card in 6 month ago I plan to travel my home country to visit my mother can I travel I live in 12 years in Newyork no travel in 12 years my mother is very sick she live in alone can you suggest me I am very appreciate for your assistance thanks
You would need a valid passport to travel or you can get a Refugee Travel Document, form I-131, available at http://www.uscis.gov, but unless you can expedite that, it probably takes 10 or 12 months. As a derivative, it is usually ok to return to the home country. However, if the principal asylum applicant said that the whole family is in danger, you may need to explain about your travel (and the principal could be asked about this as well in a citizenship interview). I wrote about using your passport a dependent on January 26, 2022 and February 9, 2022. Take care, Jason
Hello,
I have two questions and I would greatly appreciate your response
1. I am dependent in my father’s pending asylum case. At that time I was under 21 but now I am 22. In few months, I am getting married to U.S. Citizen. Please let me know if there can be any risks for my re-entry to the country or for my father’s asylum case if I go to my home country when I get my papers through marriage? Please note that asylum case does not state that I was in danger.
2. Before I became dependent on my father’s case, I arrived in the U.S. as F1 student. I finished associates degree and meantime my father filed for the case. After my graduation from the college, I did not continue studying in 4-year college right away and took a semester off as I had another “status” from my father’s case and I would not be staying in the country unlawfully. After a break, I reapplied to 4-year college but not as a F1 student but as a regular applicant. Please let me know if I violated F1 visa by doing this
Thank you in advance!
1 – Once you are married, you automatically stop being a dependent on your father’s case, and technically, any EAD becomes invalid, so be aware of that issue. Assuming you are eligible to get the GC based on marriage, you can simultaneously apply for a new EAD (based on the pending GC) and Advance Parole (if you want to travel while waiting for the GC – use form I-131, available at http://www.uscis.gov). Based on what you write, there should be no issue for you returning to your country. I suppose when your father is interviewed, they could ask about your return trip and so that could impact his case, though this seems pretty far fetched (but I suppose it depends on his case). 2 – My guess is that you did violate the F-1 status because you did not leave once you stopped attending school, but I do not see why this is relevant. If you marry a US citizen, violating your F-1 by remaining in the US has no effect, and even if you were not part of your father’s case, it would not affect your eligibility for a GC based on marriage to a US citizen. If you think this is an issue, talk to a lawyer about the specifics of your concern to be sure. Take care, Jason
“The Board of Immigration Appeals (BIA) recently answered that question where it held that after an asylum seeker adjusts status to become a lawful permanent resident, the prior asylum status has “terminated.” Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)”.
Do you think the above statement by BIA is correct?
I think this case is still good law. It was issued (if I remember correctly) for purposes of applying for a refugee waiver. Whether the same logic would apply in other situations (not involving the waiver), I do not know. Take care, Jason
Hi Jason,
I am an asylum-based GC holder now. My question is, is it okay to travel back to my home country if there is a new administration in power? I had a fear that I would be prosecuted by the former administration but, now we have a new government in power. Is it going to affect my citizenship later when I apply and, do you think I will be questioned at the airport?
I also noticed that according to the BIA, once an asylee adjusted their status to GC, that means they are abandoning their asylee status.
“The Board of Immigration Appeals (BIA) recently answered that question where it held that after an asylum seeker adjusts status to become a lawful permanent resident, the prior asylum status has “terminated.” Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)”.
How does this come into play when you travel back to your country of persecution?
The return trip should only be a problem if it causes the US government to believe that your original asylum was fraudulent. Based on the facts you list here, it seems that this would not be an issue. Even so, it is good to be prepared to explain and provide evidence about what you say, in case you are ever asked (maybe at your citizenship interview; also, but less likely, when you return to the US). Take care, Jason
I got my Green card through Asylum in Feb 2018.. Ìn Nov 2021 I had to go back to Pakistan because my Mother passed away and I had to complete all the procedures regarding my Mother’s inherited property.. Now if I travel back to United States in Oct 2022, would there be any problem for me at my arrival..?
It is a long absence, but since it is less than one year, I believe it does not cause your residency in the US to be abandoned. However, the US government could certainly question you about whether you abandoned your residency and about why you returned to your country and how you stayed safe. You should be prepared to explain these issues and provide evidence if asked. Take care, Jason
Hi Jason – thanks for all what you do! First time caller but long time listener here.
My wife and 2 kids are asylees (she is the principal applicant)for the last 3years from Sudan. We applied for the green card and travel documents in January 2021. I have my travel document in hand and want to go by myself visit my sick father in Sudan. He will be having heart surgery in December. What risk am I taking here. I appreciate your time.
Moe
Usually, the risk is small or zero for a dependent. However, it might depend on the facts of the case. If your wife said that the whole family was in danger, a return trip by you could cause suspicions about the case (not just about you). But if this case was basically about her problem, than you should not have an issue returning to Sudan. Be prepared to explain why you traveled and (if necessary) how you stayed safe, just in case anyone asks you. Take care, Jason
Hey i have a question. My dad applied for assylum. We are his depedendants. I have applied for green card three years ago and didnt get it yet. If i get green card can i go back to home country for a small visit to see my ailing granny? Wouldnt it be a prob to reenter US?
Assuming you won asylum, it is normally ok for a dependent to return to the home country. It is best to be careful about that – be prepared to explain why you went and how you stayed safe. That is particularly true if your father’s asylum application indicated that the whole family is in danger. That said, I have never heard about a dependent getting into trouble due to a return trip. Take care, Jason
Good Afternoon Jason,
I had a pending asylum and never had the interview. I got married to a citizen, and once I got my GC for 2 years, I sent a letter to USCIS terminating my asylum. Since I’ve been here in America (4years) my father, who is 71, had a stroke and recently got over Covid. Would it be possible to visit my dad in my home country? If I travel there, would it affect my citizenship in the future?
Thank you so much for taking the time to help immigrants with your knowledge and experience.
It is probably ok, but the issue is, if your return travel causes the US government to believe your original case was fake, you could get into trouble. Be prepared to explain (with evidence) why you went back and how you stayed safe. The above article gives some ideas to help with this. Take care, Jason
Dear Jason,
Thanks for all the support to the asylum community. I obtained my green card based on Asylum two years ago.
I am informed this week that my aged father has little time according to the doctors. I came to the conclusion that I need to see him and go back home at least for one week.
I have a family here in the USA that necessitates taking calculated risks. My fear is that — Is there a legal possibility that the DHS/CBP officer will not admit me to the USA because of my travel to my home country, which I claimed fear of persecution?
I am sure that I can avail medical documents and other supporting documents to justify that I am not voluntarily availing myself to the government which I fear.
Thanks,
Solomon
I think the very worst case is that you will get back here and they will detain you at the airport and force you to do an asylum termination hearing. I think this is extremely unlikely. Realistically, maybe they will question you about your asylum case or somehow give you a notice to attend an asylum termination case. I think this is also very unlikely, but not impossible. The most likely scenario is that you will return with no problem. If you are prepared to explain why you returned (with evidence) and how you stayed safe, you should be fine. The issue could also come up at your citizenship case, so make sure you keep your evidence for that occasion and be prepared to explain then, if you are questioned. Take care, Jason
Thanks Jason, so helpful.
Solomon
Jason,
Time flies 🙂 cannot believe it has been 5 years.
In 2017 BIA has issued a decision (https://www.justice.gov/eoir/page/file/986401/download), basically it ruled that “an alien who was granted asylum but subsequently adjusted his or her status to that of an alien lawfully admitted for permanent residence under section 209(b) of the Act does not retain asylee status”.
And more importantly, “An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution.”.
So it should be settled, at least for now, that once an asylee got a green card, those termination grounds specific to asylee no longer apply.
While returning to home country can sometimes be viewed as some indication of fraud in the original claim, I doubt USCIS / DHS will bother to put you into removal proceedings solely based on this.
I have not seen it happen, but that is the concern – return to the home country could raise red flags that the original asylum was fraudulent. I think that is a real concern, and anyone who returns home under those circumstances should be prepared to explain why they went and how they stayed safe. These questions could arise upon return to the US and also at the naturalization interview. Take care, Jason
Hi Jason,
I adjusted my status by marriage but I had an asylum application which it was terminated when I filed for the green card
Would returning home for a short period of time (less than a week )would be a problem ?
Thanks.
Potentially. Terminating the asylum case does not erase the fact that you filed for asylum, and a visit could still cause USCIS to think the original asylum was fraudulent. If you do go, you should be prepared to explain why you went and how you stayed safe while you were there. In short, the above article applies to you, even though you got your status through marriage. Take care, Jason
Jason, I read the whole court document, and what I understand from that (pls correct me if I’m wrong) once Asylee becomes a permanent resident it has the same value as other green cardholders. So why is it so hard for green card holders from asylum to travel to their home country,?
The issue is that travel to the home country might cause USCIS go conclude that the original asylum case was fake. If that happens, they can reopen the asylum case and try to terminate asylum. I have not seen that happen – and I have had several clients return to the home country. Nevertheless, it is a possibility and so you have to be careful about traveling to the home country. Take care, Jason
Jason, thank you for the reply. As you mention in your answer DHS can terminate the underline asylum status. According to that decision person who granted green card already gave up his or her asylum. So how reopening old asylum case and terminating that effect to new green card status?
Thank you, sir
This is very rare, but they would put the person in removal proceedings and accuse them of fraud. If proved, that would terminate the GC and probably any new asylum application that the person tried to use as a defense to deportation. Take care, Jason
Thanks for that article link.
Exactly my point too.
So do you think Asylee with GC can travel abroad not to their COP with their national passport and return to US without RTD?
Thanks.
My clients have done that, but it is always better to have the RTD, especially if your asylum case involved fear of your home government. Take care, Jason
I have two questions regards traveling.
1. Right now, I have two ways to apply for a Green Card: Asylee and Marriage. I understand that it doesn’t matter which one I will choose – after getting a green card, I would still not be able to go to the COP without taking a considerable risk. It would make returning to the US and the naturalization process harder in both scenarios, ether it’s marriage or asylum. Only after becoming a citizen, my risks would decrease in both scenarios. Am I right here?
2. I always heard that as an asylee, it’s still NOT RECOMMENDED to travel to other countries even if it’s not COP. It will still raise questions from USCIS later. Would that be a problem during the naturalization process if it’s not my COP?
1 – Assuming you already filed for asylum, I think that is right. Retuning to the COP could make the US government believe that the original asylum case was fake, and so you could be asked to explain the reason for the return trip and how you stayed safe. If you have a good explanation, then a return trip may not be a high risk proposition, but nevertheless, there is some risk of trouble. 2 – Maybe because you are using a passport from the COP and this could also require an explanation. I think this is much lower risk, especially if you fear a non-state actor, as opposed to fearing the government of your COP itself. Take care, Jason
Thank you, Jason!
So If asylee will get a Green Card and apply for a re-entry permit, he can travel abroad to any country not including COP without having problems in the future?
I think that is not correct. It is better for asylees (even if they have a GC) to use the RTD and not use their passport. If they can explain why they used the passport and if they fear non-state actors (as opposed to their home government), it is unlikely that there will be any problems using the passport. Nevertheless, the RTD is the proper document, as that can be used in lieu of a passport and the Re-entry Permit cannot be used in lieu of a passport (it is only used to re-enter the US). That said, the RTD is a very annoying document, since it is only valid for one year. Take care, Jason
Hey Jason!
I recently filed for asylum and have my 20 years old daughter and husband as derivatives. I have 2 questions.
1. Assuming she turns 21 when I have not been called up for interviews, will that be a problem?
2. My husband has a valid US visa and wants to visit next month. Will that also affect the application based on the fact that he is listed as my derivative. He is not being persecuted so can he visit and return without a problem?
Also when his visa expires can he reapply for a new visa given the fact that he is listed as a derivative in my applications?
Waiting for your reply and thanks for all the help
1 – No. As long as she was under 21 when your asylum case was filed, she can remain on the case no matter how long it takes. The only exception would be if she got married, in which case, she could no longer be a dependent on your case. 2 – Unless he is in the US and listed on the receipts/biometric notices, he is not a dependent on the case. He may be listed on the I-589 form, but that does not automatically make him a dependent. If you win asylum and a person is a dependent, he gets asylum at that same time. But if he is only listed on the form, you would need to file another form (I-730) to give him asylum status. In any event, the fact that his wife has a pending case could affect his ability to enter the US on a non-immigrant visa. Since he already has the visa, he may be ok, but there is no guarantee. They may think he plans to stay and join your case. He should have good evidence that he plans to leave the US at the end of his visit (maybe a return ticket, proof of his job and property back home, etc.). Also, if he needs to get a new non-immigrant visa, that could also be a problem (note that certain visas are not affected by a spouse’s asylum case, such as H1b, but a normal B visa could be affected). Take care, Jason
Hello , I’m from Ethiopia and had my green card through asylum . Now I’m applying for N400 .
My question is there a way to expedite my N400 application? I want see my grand mother that is very sick . Or could I get some kind of approval before I actually get my citizenships.
Aster
I am about to do a post on this point in a few days, so check back. The short answer is that you can ask – provide evidence about the reason (though if your grandmother is in Ethiopia, that may be cause problems since that is the country that you got asylum from). Take care, Jason
Hello,
I’m Green Card holder based on asylum and want to apply for a travel document. I’m not sure that wether I’m qualified for two years Reentry permit instead of One year refugee travel document or not?
On the application I-131, there is two options that applied to me?
You can do either, but the REP is not really for use in lieu of a passport, whereas the RTD is used instead of a passport. It is more convenient to have the 2-year document, but it may not be accepted as a passport by other countries. I tell my clients to get the RTD, but I suppose you could try the REP and see whether other countries will accept it as a passport. I think they will not, but I have never looked into it. Take care, Jason
Hi MR. Jason
I have one more question. Can I renew my refugee travel document before it expires because most countries do not issue their visa for a paddy that has less than 6 months validation?
If so, how many days before it gets expire?
Thanks a lot for your help
You can. As far as I know, you can renew it anytime before it expires (check the instructions to be sure). However, if it is still valid, you need to send in the original RTD with the application for the new one. I really wish they would make the RTD valid for 2 years. Take care, Jason
Jason. I got green card through my husband’s asylum because he included me in the asylum application. We are now divorced. Will it have a negative impact on my citizenship application if I go back home before I become a U.S. citizen?
If you got your GC based on your status as a derivative asylee, and you are now divorced, you should have no issues going home – the US government should not care about travel to the home country by a derivative asylee. Sometimes, the offices might not understand the difference between a principal and a derivative, but if necessary, you can explain that the case was his and not yours, and you should be fine. As for citizenship, you can apply as any other green card holder. Take care, Jason
Jason. I’ve got I-94 Asylum Granted Card. Can I travel to a third country to meet my wife with a RTD? We missed each other a lot. Will missing wife be sound reason to apply and get RTD? Will there be an issue up on my return to the United States? Thanks!
You do not need a reason to apply for the RTD. Once you have it, you can travel to a third country, and as long as it is valid, you should have no problem returning to the US. Take care, Jason
I am originally from Kenya and I got asylum in USA in 2015. There after a year, I got my green card and became permanent resident in 2016.
I would like to travel to Peru and Brazil for volunteer work as a permanent resident from USA. However, my Kenyan passport expires and I haven’t looked at applied for a refugee travel document. My question is, is it ok for me to go to the Kenyan embassy here in USA and renew my expired passport and use my Kenyan passport to travel to Peru and Brazil and return back to USA? Or will renewing my passport from within USA and traveling outside USA to Peru and Brazil using my Kenyan passport cause me any problems?
Thanks very much for your help you offer thousands of people here. Looking forward to hearing from you.
Martin.
It would be better not to use the Kenyan passport, especially if your asylum case was based on fear of the government. I have had clients use their passports and not have problems, but it is better to avoid that. Use the RTD if possible. You are also eligible for a Re-entry permit (also using form I-131), and that may be good for 2 years (instead of one). You would have to check with the embassies of Brazil and Peru to see if they would accept the Re-entry permit or the RTD in lieu of a passport. Take care, Jason
Hello Jason,
Thank you very much for your reply regarding my question to travel on my Kenyan passport and thanks for all your recommendations.
From your recommendations, I am now definitely looking at not using my Kenyan passport for travel. Just 2 more questions. What is the difference between a Re-entry permit and form I-131 and refugee/Ashlee travel documents and what’s form I-327?
And my second question, I am not sure I have understood what RTD means. What is RTD?
Once again, thank you very much Jason, I appreciate you. Hope to hear from you soon.
Martin
The RTD is used in lieu of a passport and it is valid for one year. Not every country accepts it. The RP is for people with a green card. It is sometimes issued for 2 years. It is meant to allow you to re-enter the US, and is not meant to be used in lieu of a passport. However, it looks like a passport, and some countries may accept it for that purpose. The main advantage is that it can be issued for 2 years (check the instructions to see if you might be eligible for the 2-year version). Both the RTD and the RE can be obtained using form I-131. I do not know what an I-327 form is. Take care, Jason
hi jason my asylum case is taking too long .its more than two years but no interview yet. i want to quit my asylum case . can i do that ? i want to go back home country.how to do that . will there be any problum leaving the state ? i just have my home country passport with expire visa . please quide me
You can leave any time. There should be no problem. Once you leave, you can submit evidence that you left to the asylum office, and hopefully they will cancel your case. This may make it somewhat easier for you to return here in the future, should you ever want to do that. Take care, Jason
Hello,
I am from Ethiopia and I was in an Asylum removal proceedings. Later on we terminated the case because my husband (also a father of my son) filled an I130 for me and I got my green card. So I got my green card based on marriage. Ethiopia’s current political situation is changing. I have a daughter whom I havent see her for 8 years. Is it safe for me to go back to Ethiopia now? Is my travel going to affect my N400 application and approval?
Thank you.
Grace
It is possible that travel to Ethiopia would create an issue for you, if it causes the government to think that your original asylum claim was fake. It would be better to meet your daughter in a third country, but if you cannot do that, and you go to Ethiopia, you should be prepared to explain why you went, how you stayed safe, and to answer any questions about the old asylum case. Also, your husband is the step father of your child in Ethiopia, and so he can file to bring her to the US immediately (though processing such a case probably takes 8 to 12 months). Take care, Jason
Thank you Jason.
Hello Jason,
PLEASE RESPOND
I am an AS8 green card holder, I came to the US three years ago. Now I am graduating High School and I wanted to attend my previous school graduation back home. I got green card upon my father who was an asylee, which that makes me derivative asylee! As I saw on the fact sheet of USCIS on this website http://www.scribd.com/doc/2742512/AILA #2 tells that we have different restrictions than the principal asylee? I really want to go back just for graduation for 2 weeks, as a derivative asylee will it be impossible to return? I am really worried Can you get back ASAP
I just responded to the first post…
Hello Jason,
I am an AS8 green card holder, I came to the US three years ago. Now I am graduating High School and I wanted to attend my previous school graduation back home. I got green card upon my father who was an asylee, which that makes me derivative asylee! As I saw on the fact sheet of USCIS on this website http://www.scribd.com/doc/2742512/AILA #2 tells that we have different restrictions than the principal asylee? I really want to go back just for graduation for 2 weeks, as a derivative asylee will it be impossible to return? I am really worried Can you get back ASAP
I think you take some risk to return. It would depend on the case too (did your father’s case indicate that the whole family was in danger?). People have done it and returned (including some of my clients), but these days, it is best to be cautious. You might talk to a lawyer to get an opinion based on the specifics of the case. Take care, Jason
I came from Ethiopia if it changes the case, what if I have evidence of my admission to universities and scholarships in the states that I will be attending for fall when I return. I was 15 when I came and 18 now. I already applied to RTD and waiting for it. My dad counselted his lawayer and he responded with the same answer as a principal applicant, that he would not advice me to go until being US citizen. But as mentioned derivatives are okay to go right with a RTD and people have done it before? There many articles that say Dervatives are ok to go?
You can go, but there is a risk to your immigration status. Only you and your family can weigh the risk vs. the benefit. Take care, Jason
Can dependent asylee/spouse/ go home country after holding a green card(AS7)?
They can, but whether it will created problems for them or for the principal, depends on the case. If the principal indicated that he/she feared persecution by the government and the whole family was in danger, it may look bad that a dependent returned home. Many people do return home without incident, but I would be cautious about this and talk to a lawyer if you have any doubts. Take care, Jason
hj Jason . what is the format to widraw the asylum application from asylum office .and is there any problum if i want to go back home country ?what should i do? i have my valid passport with me visa already expired . can i depart from any airport or any state i want ?
thank you
hj Jason . what is the format to widraw the asylum application from asylum office .and is there any problum if i want to go back home country ?what should i do? i have my valid passport with me visa already expired . can i depart from any airport or any state i want ?
thank you
You can leave – that should not be a problem. If you want to withdraw the case, it is often easier to do that after you are gone – give them proof that you left, such as passport stamps and plane tickets. You can contact them to tell them you are leaving and ask how they want you to withdraw. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason,
I fled Russia and applied for asylum in the US, and then I withdrew my application. I am going to visit my family in Belarus, because it’s the easiest for my family (a country over the boarder). Would visiting Belarus create a problem for me in the future, since the two countries sometimes considered allies? Thank you!
I do not see how that would create any issues. Going to Russia itself potentially could create issues, but I think Belarus should be fine. Take care, Jason
hi Jason ,i want to widraw my asylum applicatin which is pending from last two years .no interview yet .how can i widraw this and do i need to take permission from any department or voluntary departure order from any department ? or can i just book my flight and go back ? is there any problum while leaving USA ? thank you very much
You can email the asylum office and ask them about withdrawing. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, you can just leave without withdrawing, but if you do that, eventually, you will be scheduled for an interview, which you won’t attend, and the case will be denied and sent to court, where you will receive a removal order. This will block you from returning here for 10 years. In other words, if you can successfully withdraw the case, it will make it easier for you to return here if you ever want to come back. Take care, Jason
Hi jason i filled application of assylum 3years before. But I haven’t got interview date yet.i don’t know when i get interview date.i have a quick question for you. Can i apply working vissa for canada? If i get working vissa in canada can i leave usa easily?plz suggest me clearly thankyou
You would have to talk to a lawyer who knows about Canadian immigration law. If you get that and decide to leave, you should contact the asylum office, tell them you left (and maybe give some evidence of that – like your Canadian visa and entry stamp), and then ask them to withdraw your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello,
I obtained an asylum based GC in 2011 and was just naturalized as a US citizen this month. My claim was based on being beaten and detained by the local police on false accusation that I was a rebel. I never returned to my home country for the entirety of my asylum based permanent resident status. But I need to return home to visit my ageing parents and help them with family/personal issues. Now that I am a US citizen, do you think I am at any risk of having any issues with the US government upon my return? I was thinking maybe reaching out to the local US embassy prior to my trip in case anything were to happen, but I plan to go for no longer than 2 weeks. I don’t think i would still be at risk but I am airing on the side of caution and just not sure what to do. Any advice would be greatly appreciated. Thank you.
I can’t say that the risk is zero, but it is very low. The only way this could create an issue is if the US government somehow came to believe that your original asylum case was fake. Maybe the best thing to do is keep evidence of your old case, and also get evidence about the reason for the trip (maybe parents’ medical documents or other documents related to the reason you are going). Finally, if you are asked, maybe be prepared to explain why you traveled and how you stayed safe. I really do not think you need to worry about this, but it doesn’t hurt to be prepared to explain your trip and have evidence available if you need it. Take care, Jason