“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.
Hi there
I am a indian. I got US b1 b2 tourist visa in February 2014. After one year i applied fir asylum case with my sister and brother. Now i have some problems my bboy friend live in India. I want marry with him so can i go India for obtain compete every form after my marriage can i return in US. I am very serious pls tell me any solution
Thanks
I m in same problem.please share with me if you get a solution.thank you in advance
Hy …
I
Am from India ….
I came USA on study visa F1…
But i had not attend my college…
My Visa is for 5 years…
Can i live in usa for 5 yrs without attending college ….
And can return back after 5 years…
Will there be any problem if living illegal….
Without filling Assylum…
Your entry into the US on an F-1 visa requires that you attend college. If not, you are considered out of status. If you file for asylum, it does not put you back into status, but it prevents you from accruing “unlawful presence.” For each day you are here without status, you accrue one day of unlawful presence. If you have 180+ days of unlawful presence and you leave the US, you cannot return for 3 years. If you have one year or more of unlawful presence and you leave, you cannot return for 10 years. Asylum stops the unlawful presence clock. You could have problems living here illegally – you can be deported, for one thing. You might want to talk to a lawyer to go over your options. Take care, Jason
hi, my name is ahsan I applied for asylum 2 years ago in USA Newyork because I was getting thrests from some people from my country. I went for fingerprints and stuff but no hearing then unfortunately I had to go back to my country and I left without any approval letter or anything beacuse my grandfather died so I left without telling government.Now I want to come back to USA, can I come back? if I can what do I need to bring and how can I come back what are the possibilities?
You would have to apply for a visa to come back, and my guess is that you will be denied. Your asylum case may still be pending. It is also possible you have a deportation order. To check whether you were ordered deported, call this phone number: 1-800-898-7180. When the computer asks you, type in your Alien number. After you verify your name, press 3, and it will tell you if you have been ordered deported. If so, you need special permission to return. Talk to a lawyer about that. If it says that your name and Alien number are not in the system, it means that you have not been deported and your asylum case is still pending. Take care, Jason
Whats is a special permission?
Hi, I have a question regarding my daughter. 2 years ago I applied for asylum. now I have a daughter of 3 months. I am studying in usa so here is nobody for taking care of my baby. As my asylum is pending can I send my daughter to my home country as she is USA citizen, or she will face any problem in future when she will come back to usa after couple of months
Your daughter should not face any problems, as long as she has her passport. But it could potentially harm your asylum case, depending on the case. You should probably talk to a lawyer to see whether sending your daughter to the home country could hurt your case. Take care, Jason
Jason,
Thanks very much, your posts are really helpful.
My wife has a asylum case pending for 2 months, she has not attended interview yet. she included me in her case as a dependent and we both gave fingerprinted when were asked.
I am a h1b visa holder, now due to company change, my new company’s attorney advising me to go back for stamping in order to get my i-94. I am residing in United States. However, i do not want to take a risk go there and not to get stamped. At the same time i do not want to loose my h1b, i want to keep it as a second option maybe i will get my green card through h1b.
1). Now my question, since i was just a dependent to my wife’s case, can i visit to my country?
2). Can i request advance parole and go there try h1b get h1b visa first, if i got lucky is good if not can i use advance parole to enter US.
will there be any issue, will it consider i lie government?
also, since one have a pending asylum, means when one is entering United States, will at port look his/her i-94?
lets say if one applied asylum after being out of status for 2 months and applied asylum which is pending? will 2 months gray period will cause a problem while re-entering country?
Because i read that there is rule about that if you are present unlawful you are will be banned for 2 years, if it is more than 1 year than you will be banned 10 years, does this rule applies for asylum seekers?
Thanks
Ai-ka
I am not sure I understand your situation. It sounds like your old H1b expired and now you have to leave the US to get a new H1b. In general, you should not have a problem doing this, and you should not even need advance parole to do it. However, I am not familiar with your case or your wife’s asylum case, and so I do not know whether you can actually do this. You need have your attorney (or another attorney familiar with asylum) look at the cases to see how a return trip will affect everything. I suspect you can do it, but you should not try until you get more specific advice from a lawyer. Take care, Jason
Yes my old H1B has actually pending extension, but i have transferred to new Company and now uscis is saying that my previous filled with old company has to approved in order for them to approve my new h1b filled by new company.
New comapny’s attorney is saying following options:
1) We can wait for previous employer to respond RFE
or
2) we can go ahead and request uscis to approve at Consular Process which requires me to leave the country and come back.
But there is a gray period between old initial h1b approval and extension filled, because initial approved h1b now shows revoked after the extension filled. H1B extension filled before the expiration date, there is no problem, problem is nobody could not really tell that i was out of status since principal revoked or not, because extension is pending.
I am here is thinking maybe if i go with my new company’s attorney and leave the country get stamped and come back. My question if i go consulate for stamping what if they say i was out of status and now banned to for 3 years to enter.
Is advance parole will help here, does this 3 year will have same impact to advance parole which asylum?
Thanks
Ai-Ka
If you have AP, you should be able to re-enter the US, but I do not know about your eligibility for a new H1b. If your current lawyer cannot satisfactorily answer the questions related to asylum/H1b, you might want to meet with a second lawyer who can. Leaving the US is always a potential risk and you need to be as certain as possible that you can leave and return without any trouble. Take care, Jason
one more question Jason,
Lets say i got my advance parole approved, but i did not have to leave the country is it Ok to not use it, or does it consider i have lied government?
Thanks
Ai-ka
You do not have to us it – that is not a problem.
Jason,
I might go to my home country for h1b stamping, and I am dependent of asylum seeker.
1. Is that ok for dependents to visit home country?
2. I would like to get my Refugee Travel Document too in case, my h1b visa at consular gets denied, so i can use refugee Travel document to enter U.S
3. when filing I-131 for travel document there is a question, the reason of travelling to home country you were seeking asylum. can I use a reason, i would like to go there in order to get my h1b stamping, because i do not want to stay here beyond my i-94. Do you think it will be a good reason?
Thanks
Ai-ka
1 – It depends on the case; I think you should talk to a lawyer about the specifics of your case to be safe; 2 – You can only get a refugee travel document if asylum has been approved, not while it is pending; 3 – You can file the I-131 to get Advance Parole while asylum is pending. You need to give a “humanitarian” reason for the travel (usually, it is to visit a sick relative). Maybe the reason you propose will work, but I do not know. Take care, Jason
Hi Jason!
Thanks for help…goes a long way!
I have a special needs child with severe and permanent disability who is a U.S. citizen and another older one who is a U.S. citizen. I have been denied asylum in Canada in 2013 based on another unrelated issue to my new ground.Now I wonder if I can have a way of getting legal status with my two older non-citizen kids who are already in the U.S. I am also looking at Asylum, but wish I get it otherwise…do you think I have any hope…especially as I have found a law in S212 (h)(l)(b) INA Act making provision for a situation where the U.S. citizen would face hardship if returned. I have been extending our stay for two years of our stay. Thanks!
You should talk to a lawyer, as it depends on many factors other than just having US citizen children. This website is basically only for asylum, and I do not know whether you have a claim for that. Take care, Jason
Hi Jason,
If you have a permanent resident status through asylum and already used your country’s passport to travel to twice to third countries not your home country. Could this affect your citizenship application? Is there a precaution to do before? If you didn’t know you should apply for travel document , can you apply for it now?
You can (and should) apply for a Refugee Travel Document (using form I-131, available at http://www.uscis.gov). As for the previous travel, it could be an issue, though probably not. You should be prepared to explain why you used the passport to travel and if the trip was for an emergency reason (visit a sick relative) or for work, have evidence of the reason you traveled. You might also want to discuss this with a lawyer, just to be on the safe side. Take care, Jason
Hi Jason,
This is a very interesting article. I have always read this and always think my case is different. I filled my asylum case due to my disability as there is no accommodation in my country for someone in a wheelchair. I filled under “Social Groups” As I have no fear from the government in my home country, I always think that it is absolutely fine for me to visit sometimes. Also, my wife was added to my case and in case I can not visit, I do not see why she can not. She is from the same country and I was the main person in the asylum. We both have a green card.
You should talk to a lawyer before you return home. Logic does not always apply to immigration cases, and it is better to take precautions and try to avoid problems if you can. Take care, Jason
Hi Jason, I’m Mark I am a permanent resident of US through asylum .
After reading your article I went to an organization to get help with my application of Refugee Travel Document , they told me that it is not necessary, and simply travel with my passport instead. I could not get help from them .After this I am somewhat confused.
Can I submit the application on my own.?
this is very important for me and I need to travel to a third country to see my mother who is very sick
please could you suggest me if I’m doing well to apply for RTD or just use National Passport is okay , I want to do the best
Thank you very much.
It is much better if you use the Refugee Travel Document. If you travel on your passport, it could cause the US government to think you have “re-availed” yourself of the protection of your country, which could cause them to try to terminate your status. Probably, this is not very likely, but certainly it can happen. If you use the Refugee Travel Document, it cannot happen. You can apply for it yourself using form I-131, available at http://www.uscis.gov. Take care, Jason
thanks for your quick response I really do appreciate it
could you please help with :
-I have to send 2 photos passport with my application?
-I live in new york, where i have to send my application
and because my mom can not travel that far, I will travel to a country next to mine that is a problem?
.
I cannot assist with specific questions about how to do applications. However, if you have a travel document, you can visit any country except your home country where you fear harm. Otherwise, there is no problem to travel to a third country. Take care, Jason
Hi, Jason, I have one question, hopefully you will be able to answer.
I won asylum 2 years ago and now I have Green Card already. I am planning to get married soon, my boyfriend is US citizen. After we get married, will I be able to transfer to “regular” Green Card and then to get Citizenship, too? And if it’s possible to change type of Green Card, will I be able to go to my home country to visit my family?
I do not know whether you can get a green card based on the marriage, given that you already have a green card from asylum. I kind-of doubt it, but I do not know. You’d have to consult with a lawyer to research the question. Take care, Jason
Hello Jason,
Regards to you. I am writing regarding San’s inquiries about her green card through asylum and now getting married to us citizen for a regular green card. My question is. Are green cards through asylum different from other green cards???
Thanks you Jason, looking forward to your answer.
In most respects a green card is a green card. However, there are differences in some areas. For example, a person who gets a green card based on asylum and who returns to the home country, could have his green card taken away by having his asylum terminated. Also, a person who gets a green card by marrying a US citizen can normally apply for citizenship after 3 years instead of the normal 5. In that sense, there are differences, but that has to do with how the card was obtained. Take care, Jason
Thank you so much Jason, for your reply regarding my previous green card differences question. My one other question is: I was granted asylum last year 2015 September, when exactly can I apply for a green card? Do I have to wait until September 2016 or I can apply for the green card a month prior to September? Like August? And how long does the process take for me to receive my green card?
Once again, Thanks you Jason, looking forward to your answer.
We used to mail the green card application 30 days before the one-year anniversary, but then USCIS rejected case, and so now we mail it on the one-year anniversary (for you, September), as that is safer. The wait time is usually between 5 and 9 months, but some cases take longer due to security issues. Take care, Jason
Currently you do have green card, direct result of the substantial time you have elapsed here– away from your home naion– after you “won asylum,” presumably because you’re still unable to return safely home to your original nation.
If you’re planning a trip on going back there in the near future then– fortunately- you are probably no longer in that danger/situation which required you to flee here seeking asylum (safety). In that case, congratulations that you at least get to go back to your native home nation that you were forced to leave a couple of years ago
And thus you shouldn’t need or continue followup with your current green card. Since you mentioned you prefer to have a green card from a marriage, you could and should simply wait until you have been married( to your US citizen boyfriend) before proceeding to take any more steps regarding US immigration
What is the best country to seek asylum for? Where the government can’t touch you
I can’t answer that – it depends where you want to live and what you want to do in the new country. Take care, Jason
The best country to seek asylum from meaning the place you are leaving from and being forced to move away from for your own safety, is where you live now and are currently in a situation of danger.
The best country to seek asylum TO, in, at, or request, meaning somewhere away from where you are where you will need to go in order to live safely. And the answer is the best country would be a country where your particular danger or situation that affects her safety would never come up there
Hi
After asylum case admitted . I got good job offer overseas in middle east ,I need to travel with my own country passport frequency can I used it without return to my home country .
Regards
If you do, you risk losing your asylum status. As I discuss above, there are some things you can do to mitigate the problem, but it is a real risk. Take care, Jason
Hi Jason
Thank you so much for sharing all this information , I have a question , My wife has a granted asylum 4.5 Years ago because she was under threating in our country , and I got a AS7 green card and i used to go back anf forth to our home country but I didn’t stay more than 6 months , simply 2 month in US and 2 month in my home country and this is because I have my own business and I am trying to sell it , can I apply to the citizen ship when I finish the 900 days or I will face a problem , pls note that my wife is working in US and we have our own house and my Kids are at schools and they never left Us , pls send me your thoughts , I am really to stressed
thanks
I think you should talk to a lawyer about the specifics of the situation. As a dependent of hers, I doubt travel to the home country will block you from getting citizenship or cause you other problems, but I really do not know, since I do not know a lot about your case. It is worth it to check into this before you apply, just to be safe. Good luck, Jason
Hi Jason, Thanks for your time responding all the question from people like us.
My wife applied for asylum after 2,5 years, she has a reason for that and evidence that she tried to applied within one year. She applied based on kidnapper and my family who are negative that i married her, because her nationality is different than mine. My parents do allow her to come, to join our family, if we go back than they do everything that separates us. We have a 2 year girl and expecting second one soon. our question is her passport will expire soon, can she obtain new passport from her government? she is not fear about government she fear about kidnapper who kidnapped her and drove 24 hours and my family.
since i am her husband can stay here while her asylum status is pending. I am a h1b visa holder, and waiting on my extension. If it gets denied should i leave the country on can i stay since i am her husband.
Also, she just applied Houston office which we live in Oklahoma, and there is a chance we might move to Chicago due to my job. Should we change our address or can we fly Houston when we will have interview date. She just applied in April 2016.
Best regards
Ai-ka
Ideally, she should not get a new passport, but many of my clients (who also do not fear the government of their countries) have gotten new passports and it has not caused problems. As for you, if your visa expires and you are not part of your wife’s case, you will not get a work permit based on asylum pending. You can join her case now if you need to, or you can file your own asylum case if you prefer to do that (and wait 150 days to apply for your EAD). If you move permanently, you are required to file a change of address (form AR-11 available at http://www.Isis.gov). If you do that, your case will be moved to Chicago. Take care, Jason
Hi Jason, I am glad that I could find such a helpful website for us (refugees). I have a travel document and I can apply to citizenship next month. I had booked a trip to Europe and Australia stopping for a few hours (transit) in Japan and Russia. I got a visa to go to OZ and I do not need a visa to go to Germany but I am worried that I would have an issue while doing transit in Japan and Russia, I feel like they won’t know what this passport is, and the airline won’t let me in because I don’t have a visa to Japan and Russia even though I legally don’t need because I am not getting into those countries. I rang the Japanese consulate and they told me that I needed visa which is a contradiction from what they say online. Do you think is it worth the risk to go to Japan and Russia? if I get detained (worst of scenario) will they deport me back to the States or back to my country? I know it is a difficult question but maybe you could give me an insight. Also after I get my citizenship, and I want to visit my country for a few days, and use my country’s passport, how will the US know that I went to back to my country?. Is it still risky to go even though I am an American citizen? Thank u so much
I really do not know what will happen in Japan and Russia. Maybe you can get a visa for those countries in your travel document? I would not trust anyone who gave you info by phone, though, as there will be different people (probably less well trained) at the airports you visit. As for return to your country after you are a US citizen, it probably would not be a problem unless it causes the US government to think that your original asylum case was fraudulent. This is very unlikely, but not impossible. Take care, Jason
Hi Jason, What happens is that mexicans dont need a visa to go to Japan, Russia and Europe. I was going to apply for a Schengen visa but I was told that they couldn’t issue a visa because my country has an agreement with europe and they gave me a refund. Using my original citizenship I wouldnt need a visa to go to Russia and Japan either, but the information is pretty confusing. I went to the Korea embassy (just next door home) and the lady in the counter told me that i needed a visa to visit korea even though they don’t ask for citizens of my country 🙁
i went to the official polish website and it says
Holders of refugees travel document (issued on the basis of Geneva Convention of 28 July 1951) – [IMPORTANT! PLEASE BE AWARE THAT THE VISA IS REQUIRED FROM HOLDERS OF REFUGEES TRAVEL DOCUMENTS ISSUED BY THE UK. INFORMATION ABOUT EXEMPTION FROM THE VISA OBLIGATION CONTAINED IN THE BIOMETRIC VERSION OF THE REFUGEES TRAVEL DOCUMENT IS INCORRECT].
Holders of stateless persons travel document (issued on the basis of New York Convention of 28 September 1954).
I mean, I am not stateless, I am still a mexican citizen!! so i dont get it :((
It is confusing, and each country has its own rules, which its officer may or may not follow – since the travel document is not common, they may not have seen it before or know what to do. I guess you can check with the embassies as much as possible, and then go and hope for the best. Good luck, Jason
It is risky to go back if you had to leave that country to seek safety which is what Asylum is. Therefore if it is safe or not you are the only one who can make that decision since you’re the one who decided that you and had to leave for your own safety in the first place
Hi, I have a question. Me and my mother came to U.S 5 months back on a visit cisa and we are in the process of getting asylum from our home country. As my father is back in my home country, can you let me know if we could visit him for a short period of time on a asylee status?
Visa*
I wrote a blog post about this on January 6, 2016. Maybe that would help. Take care, Jason
Yeah I’ve read it. But couldnt get the answer to my question. Kindly if you dont mind please let me know.
Secondly, when my case is submitted will I be able to get my driving permit? Before getting the social security?
It depends on the state. You can try, but most states need to see either a valid, current visa and an international license or a valid work permit.
It is not a simple question – if you go back, you put your status at risk. As I discuss, you can do things to try to minimize the risk. I recommend you talk to a lawyer to get some advice about your specific situation. Take care, Jason
Hi Jason I’ve just been scrolling through some of your great answers to the questions here and I’m confused as to why anyone who has sought asylum here would have the need or desire to return to the original country they fled since by definition Asylum is for your safety and that a danger exists. As a former did Bestic abuse advocate I would not possibly imagine a survivor or victim wanting to return to the place where they needed to seek safe shelter from
Perhaps this category of visa is being misunderstood by some of the writers of above posts?
There are many reasons people want to return home, and it does not make their asylum case illegitimate. For example, to see family members. Many of my clients fear harm from terrorists in their countries. They can go home and stay safe for a short time, but they cannot live permanently in their countries due to threats. For people who fear their home governments, a return home is more problematic, since the person will likely have to have contact with the government (at border control, for instance) when they go home. In any case, the US government can – and sometimes does – move to terminate asylum when a person returns to the home country. It just happened to one of my clients. So an Ashlee who returns home does risk losing his status. Take care, Jason
Hi Jason I’ve been in the us for 13 yrs I was married to a Christian black guy and I’m a Muslim girl briefly my family just found out about this marriage and they are harrasing to kill me if I ever go back to my country ..currently I have a pending application for U visa and I have 3 kids me and my husband are separated since 2006 so can I apply for asylum based on that?? Thank you for ur advice in advance
You can apply based on that – especially if your family just learned about this, and now you fear return to your country. When you apply late like this (you are supposed to apply within one year), it is more difficult to win, and so I do recommend you talk to a lawyer about your case. Good luck, Jason
I come from a very moslim sonny country in north africa. I left my country years ago to london then to ny. I converted to christianity after long search. I triedto be open with the family back home but didn’t work. My only contact is mom and she talks to me without my dad knowing. My family said I don’t belong to them anymore and if they see me i will get hurt. My father said he would kill me actually n he will trust me. I have two kids in usa n im 30 yo. I over stayed in the usa. I had a b1 visa. Can i apply for asylum?
You can, but you have to deal with the issue that you failed to file for asylum within one year. This type of case is possible to win, but it can be difficult. I recommend you find a lawyer to help you. Take care, Jason
Hi Jason,
This one is urgent. I came here 10 months back on visitor visa. Then my spouse and kids got here 3 months after. We applied jointly for asylum in Nov 15. Kids are finding it very hard to adjust here plus I have limited money, not being able to work. Health care is a major issue with kids health. Can I send them back to my parents and I and my spouse stay for the hearing and proceed accordingly. How it affects my case?
Please help.
I suppose you could do that – but you may not see them again for many months or even years. I do not know how it will affect the case, since I do not know about your case. Probably you should talk with a lawyer before you send them to your country. Good luck, Jason
Hi Jason,
Thanks for clarifying all this. If someone becomes a US citizen based on asylum and the situation back home changes, could they still undergo de-naturalisation procedures if they visit their home country?
Since I applied because of fear of government prosecution and the government probably will change at some point, I imagine that at some point I should be able to visit my home country safely. If that happens, I could loose the US-citizenship?
Thanks,
K
Unless the US government determines that your asylum case was fraudulent, I do not think there is any danger of being de-naturalized if you return home. In the situation you describe where they government changes and it is now safe to return home, I do not see why you would have a problem visiting your country after you are a US citizen. Take care, Jason
Hi Jason,
I am a U.S. Resident ( through religious asylum ) and I will be eligible to apply for my citizenship in October . Unfortunately my dad has been diagnosed by stage 4 lung cancer couple of months ago and now doctors say he only has 1-2 months to live! I really want to go and see him before its to late. Plus we need someone to take care of him . Am I going to be in trouble when I get back or during my citizenship interview . I have all supporting documents to show how bad his situation is.
I’m planning to stay there for a month.
Regards,
Kevin
I am sorry for your father’s situation. Returning home could be an issue in the citizenship interview. If you have evidence of his condition, that will help. Also, you should be prepared to discuss how you stayed safe in your country. Also, the shorter your trip home, the better. Take care, Jason
Tough situation ! I went through hell to get my case approved here and I am traveling for my job constantly but never went back home . I really don’t know what to do ! I have family here as well as I don’t want to put their life in jeopardy here as well.
What is the chance of get in trouble when I go for my citizenship ?
Regards,
Kiarash
Hi ,
Kindly i need to know how long it takes me to visit my home country after applying for assylum,can i visit my country after taking the canadian passport after winning the assylum ?
Thank u
If you are applying in Canada, I do not know about that. If you are in the US and you want to return home, it can be a problem. I wrote a blog post about that on January 6, 2016 that might be helpful. Take care, Jason
Hi, Jason! I do have a friend of mine and she is going to apply for asylum, but the problem is she lost her passport in the USA, more over she does not have any copies of her passport and visa. Now she is trying to get a police report. Bit stil she does not have any copies of her passport to submit with form I 589. Could you tell me what should she do?Thx
She will need to explain why she does not have a passport. If she can get some type of photo ID or a birth certificate from her country, she should include that. We have applied asylum for many people without a passport, but it would be helpful to have some evidence of who she is. Take care, Jason
Hi sir
I applied for refugee travel document, now 101 days still nothing , I did my fingerprint since 80 days ,
question / can I leave US and my family send the document for me? because I cant wait more on the issue I am traveling for.
same like others, thank you for what are you doing
One danger would be that they never send you the travel document. I suppose if you left without it, and traveled on your own passport, USCIS might try to take your asylum away because they think you no longer fear your government (since you used the passport). However, we have never actually seen this happen. It is theoretically possible, though, and it would be better to travel with the Travel Document if you can. Take care, Jason
Hey Jason, thanks for all your efforts to help asylum seekers.
I was granted asylum last year. I applied for travel doc and had my finger print taken on Dec 30, 2015. How long does it normally take for travel doc to arrive?
Thank you.
We haven’t done one too recently, but normally it only takes 3 or 4 months. Take care, Jason
Thank you Jason! Appreciate it!
Dear Jason,
I hope that you are in a good health. I have a question. I was living in Europe for 18 months and then returned to my home country, stayed there for roughly 3 months and then travelled to US. There is a question in the i-589: Part C: 2.A: After leaving the country from which you are claiming asylum, did you trave, through ot reside in any other country before entering the US?
Should I answer it as YES or NO?
Thank you very much. Regards.
I think you can answer either way, as long as you explain what happened. Take care, Jason
Is the student visa in some third country considered a lawful status there?
It depends whether it gives the person permanent status in that country. In most cases, I would guess that it does not do this. Take care, Jason
Hi jason,
I changed my address from SF to Boston. I have my EAD and ss no, applied job at macys and got hired. They are asking for I-9 identification, what does this mean? Do i show them my work permit or am I not eligible to work there?
The EAD, SS card, and receipt for asylum should be enough. With those things, you should be eligible to work anywhere that wants to hire you. Take care, Jason
Hi Jason
My family and I have been waiting for our hearing in immigration court since 2002, and we’re about to have our individual hearing next month. We’ve established ourselves and my dad is already 65. I’m not sure what the outcome would be, but I wonder if the judge would consider our residency in this country and that we’ve been law abiding aliens for so long. I can’t even imagine going back to the country I haven’t even been to in over a decade and establishing ourselves again. Do you think the outcome would more likely be positive or negative or it all depends on the case?
Thanks
Jeff
Technically, your length of time here is not really part of the analysis in an asylum case. Of course, the Judge is human and so may take this into consideration to some extent. Anyway, I do not think it will hurt you, and maybe it will help a bit. Good luck with the case, Jason
You are a wonderful person, thank you for everything, I was interviewed more than 11 weeks ago, haven’t got a decision yet, I am so frustrated and the waiting is killing me for many personal troubles so at least I want to apply for the AP to see my husband, I was wondering if I go to a neighboring country, is that going to be a problem when I come back? Because that is the easiest way to get him a visa to come see me. I don’t have any inadmissible ground but I am hearing a lot of things that’s scaring me. One more question, have you ever tried to expedite a pending decision?
Thank you.
By neighboring country I ment, neighboring countries of my home country.
we have tried many times to expedite a pending decision, but I do not know if it has ever made a difference. Most of our cases now are taking more than 11 weeks, but each case is different and we cannot predict how long it will take. You can apply for Advance Parole (using form I-131). It allows you to leave and return. It is not always easy to get, but if USCIS approves it, you should be able to travel and then return to the US. As you know, you cannot visit your home country, but you can go to a third country. Take care, Jason
Hi Jason,
I have a question. My wife has been granted an asylum in U.S. As a result she had filed an application for me and in 15 days I have an interview for my visa based on the Derivatives of an Asylee.
Currently I am working in a third country (specifically Israel). I have no problem to go back to my home country for an interview. My question is if I am granted the visa, do I have to leave my job in Israel? Can I keep working in Israel and return to US may be in three months? Is there a minimum period that I have to reside in U.S?
thanks,
Yonas
I do not know about that, but normally there is some window of time when you have to use the visa. My guess is that you would not have to come to the US immediately – you probably have a few months. You should look at the visa and see how long it is valid for. Once you come here, you could get a refugee travel document that allows you to leave the US and re-enter. In that way, maybe you could keep working in Israel. The problem is that you would have to be here at least a month, and maybe more, before you could leave again and I do not know if your employer will allow that. Take care, Jason
Hi jason.
Time runs so fast, so i cant believe its been a year since i received my approval letter. This means that its time to file for my green card. i have a few concersn or questions where i would like to get your help in any way you can.
1. when it asks me for date of last arrival. Do i provide the original date on which i entered into the US? or should i provide the dates i was granted the asylum. I got my i-94 with my approval letter, i never got it at the entry.
2. Do i qualify for the application fee waiver? I dont work right now for going to school full time, however i applied for jobs and will begin working shortly, part time. Do you think i should apply for the fee waiver, and if i do, should i send that fee waiver form in the same envelope with i-485.
Always appreciate your help.
You should put the date you last entered the US; not the date you got asylum. As for the fee waiver, you can apply using form I-912. They may deny it and then you will have to re-apply and pay the fee, but it might be worth a try, as it is expensive (the government fee is $1070). Good luck, Jason
Thanks Jason!
SAME thing with one of my friends he applied on December 2014 newark and he did him interview 2 weeks ago .he Doesn’t ask expedite. ??? .
Actually, the policy changed in late December 2014, so maybe that person was under the old policy, where some cases went fast (like his) and other went into the backlog. Take care, Jason
Hi Jason
Did you recognize the time line of # Zaki
He applied on march 2015 and interviewed on May 2015!!!!!
this is weird?? how come the USCIS saying that they doing interviews 1st in 1st out and according to CHICAGO office they are interviewing cases of May 2013!!
Also I have another case here in California same thing applied in July 2015 and got approved on Dec 2015
Please if you have any idea about whats going on??
HI RAY
You are right but sometimes the system works differently and also i did everything but who knows how long it will take the decision becouse it is too difficult to get information about how they process it and the time frame , they will just give you general information. I hope everything works out for you.
Take care,zaki
Minors get to be interviewed much faster – 2 months is normal. Also, maybe they asked to expedite, though in my experience, it is not very fast. Those are my best guesses. Take care, Jason
HI JASON
Thanks for the information. I have a question about i went my interview in chicago asylum office last year and my case is pending almost 9 months and i have the work authorization so my question is that i got last week a mail from the selective service and it was a card which has a number which they said is my registration of selective service number and i have not registred any anything about that before. What do you think it is?
Maybe maybe it means your case was approved. We have seen cases where other government agencies know a case was approved before the client knew. I recommend you contact the asylum office to ask. You can find their email address if you follow the link at right called Asylum Office Locator. Good luck, Jason
HI JASON
Thank you for your information and suggestion, i contacted the asylum office on december and they said my case is pending and they will mail me the decision. Also i told my lawyer about this issue of selective service and he said it is normal that everyone male between the age of 18 to 26 to be registred for selective service wether they are citizen or undecumented. Do you think they may mail me the decision soon.
This my timeline
Applied asylum: 03/15/2015
Done fingerprint: 03/29/2015
Did the interview: 05/07/2015
Got EA card 11/30/2015
My question is that is it normal that the selective service also to be registred asylum seekers who are still their cases not decided and do you think they may mail me the decision soon?
Thank you
When a decision comes is not predictable, and everything is slow now. As for selective service, I did not think asylum applicants needed to register, but I could be wrong and maybe your lawyer knows more about that than me. Take care, Jason
hello zaki
i just have a question, when you filed did you send it to the chicago lockbox? or the Nebraska service center? i believe our lawyer sent to chicago and i read the instructions that it is to be sent to nebraska, its been a month and we have not received a receipt or anything, thanks, jen
You should make sure it as sent to the correct office. If you send it to the wrong office, it might disappear – and USCIS will not contact you. You may need to send it again, and you may also need to do a FOIA (freedom of information act) request using form G-639 (available at http://www.uscis.gov) to get a copy of what you already filed and a receipt. Take care, Jason
Hi Jason,
Thank you for the help. I have TPS and employed, can my employer sponsor a green card? What is the process like ?
Thank you
There are many variables and it is not really my area. You need to talk to a lawyer who does employment-based immigration. Take care, Jason
Thank you. I only asked because I recently received a final denial on asylum case (Syrian national). I waited about 2 years to get the decision. I wonder why they took that long to deny it? any ideas? . I am going to have to stick with TPS and see where it leads.
I do not know why it took so long; we have seen this at least once, when it took about 2 years to get a denial; and this was one year after the asylum officer retired. Anyway, if TPS ends or if there are changed circumstances, you can re-apply for asylum. The procedure is a bit different, but you can try again. Good luck, Jason
Hello Mr. Dzubow . My asylum case was pending for 1 year and that time i got married with my boyfriend and got my Green Card through marriage. The question is if I can travel to my home country with my husband if i didn’t get my green card through the asylum. Is that gonna be a problem later on for naturalization?
It should not be, unless this causes USCIS to believe that your original application was fraudulent. To be completely safe, you should wait until you are a citizen (which normally takes 3 years from the time you get the green card based on marriage), but if you have go home, you should be alright. I would take the precautions listed in the article, as an added precaution. Take care, Jason
Hi Jason,
Here is my case I interviewed in SF Asylum office and my case refereed to court in November 2015. I moved to Virginia in December 2015 , I have filed for change of venue at SF immigration court before i moved . I still did not hear back from either courts ( SF or Virginia) , how can i know if my case is transferred and whether the court in SF accepted my request for change of venue . When I check the automated phone system it says the system does not show any future date . Thanks for your help
Depending on the judge, it can take some time to move a case. You can call the court directly (in SF or VA). There is a link at right called Immigration Court where you can find the number. Take care, Jason
Hi Jason, this article is very helpful. I am planning to send my derivative wife and kids to my home country. My questions is should they use their home country passports or should I get home country visa stamped on their refugee travel documents. Please advise. Thanks.
Of course, it is better not to do this, but if you must, then they should go. I really do not know if it will make much difference to use the passport or the travel document, though the home country might not like seeing the travel document, so maybe the passport is safer. I would recommend you talk to a lawyer before they go to minimize the chance of any problem. Take care, Jason
HI Jason.
I hope you are doing great. Sir do you have any idea about if after i win asylum status if i can can apply travel decument so that i can travel another country( not my country i am from) to see my family whom i have not seen them 8 years.
Thank you Jason
You can – it is called the refugee travel document and you apply using form I-131. Take care, Jason
Dear Jason,
I have been following your blog for a while. Thank you for your help and support for all the asylum applicants in this difficult time of our life. I do have one question. My wife applied for asylum in March 2014. We are waiting for an interview notice from USCIS Chicago asylum Office (one of the slowest offices in the country).Two young kids (6 and 8) and me are applying under her name. Since I had EAD and SSN before my wife filed her application, I didn’t apply for EAD. Neither did the kids as they can not work. Due to this, the kids don’t have SSN. Do you advise us to apply for EAD for the kids so that they would get SSN?
Thanks for your help
John
hey John, the first EAD are free for all under asylum application.
And you suppose to have your kids SSN as it needed for filing tax return. and it’s good money beside you need it too for applying for SNAP, HEAP or Medicaid as it’s approved of their immigration status NOT just for work. It looks like you have good money as you didn’t file tax return for 2014. good luck with tax return of 2015. and take care.
Dear Pilot!
Thank you for the information. We appreciate your help.
John
The first EAD is free, so if there is an advantage for you to get their SSNs, you can apply. You might want to contact the SS office as maybe they can get an SSN based on asylum pending without an EAD (probably not, but I think there is an element of luck when it comes to SSNs and driver’s licenses). Also, remember that there are delays in the EAD process, so you and your wife should file 120 days before the old EADs expire. Take care, Jason
Dear Jason!
Thank you for the information. We appreciate your help as usual.
John
Hi Jason,
What about returning back for 1 week to country like Iraq… as the asylum case was approved according to terrorist threats and attacks??
because there is safe areas in Iraq according to the US Government.
It can be a problem. I recommend you talk to a lawyer before you return, so you can do as much as possible to ensure there are no future difficulties with USCIS. Take care, Jason
Thanks you very much Jason for you doing to help us . I a pplyied my an asylum case in newark on February 2015 . But I don’t know what’s going on in newark two months and half interviewing for June 2013 . Incridible .very slow . It looks like I ganna wait betwseen 2 to 3 years to got my interview . If they have many cases why they don’t send some cases to the courts to reduce ? Thanks a lot Jason
Really, you cannot predict how long you will wait based on the Scheduling Bulletin. It depends more on how many new cases enter the system, how they distribute workloads, and how many new officers they can hire and keep. Things are moving very slowly, though. You can always contact the office to ask about the process to expedite your case – that sometimes helps. Contact info for the offices is available if you follow the link at right called Asylum Office Locator. Take care, Jason
Mr Jason
How can I check my asylum clock if I my asylum application was accepted in a USCIS office ?
” My EAD was sent to NE office to speed up the application ” and it’s three month and I didn’t receive the finger prints notice just the ” received ” notice and then ” transfer ” notice.
Thanks for the invaluable help
Normally, the FP notice comes within a month or two, at least for our clients in the Washington, DC area. If your case is in court, you can check the clock by calling 1-800-898-7180 and entering your A number. If you are at the Asylum Office, I think the only way to check the clock is to contact your local Asylum Office or go there in person. Info about this is available if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi dear Jason
I finnaly got my final approval ?
I was wondered to know if you know about travel document , i have filled for travel document in california but willing to move to washington dc do you think that am i able to move and change the address before fingreprint ? And normally how long it would take ?
Thank you for your kindness and attention
With best regards
Congratulations! The Refugee Travel Document took about 3 or 4 months last time we did one. If you move, you have to change address with USCIS. I suppose you can do that before the fingerprints, but the fingerprint appointment comes only about a month after you file, so hopefully you can get that done before you move. By the way, if the fingerprint appointment goes to your old address, you should be able to get the fingerprints done anywhere, so even if the appointment is for CA, you can do it somewhere else (at least you can try – if it does not work, you can then go to CA, but I think it will work as we have done that many times). Take care, Jason
Hi
Jason you been so helpfull in this long journey i don’t know how we can thank you i wish i can meet you because i’ve recommended one off my friend to bring his case to you so i hope to see you soon appreciate your quick and complete answers .
Take care
Thank you, Jason
Good morning Jason I’m waiting interview with Chicago asylum office since 8/2013 please any news about Chicago office ?
It is slow – you can follow the progress (or lack thereof) at the Asylum Office Scheduling Bulletin; a link is provided at the right. Take care, Jason
thanks for the information. if i have all the documents that proved that i had to go home for like 2-4 weeks , will it still be a problem when i come back ? i mean is there a possibility that they do not let me in again even if i have all the proofs? and if yes , are they gonna deport me right away or let me in and send me to before a judge ? thanks
I suppose the worst case would be that you are detained when you return and placed into Immigration Court. There is a procedure to take away asylum, and you would have the opportunity to defend yourself. Typically, it is the Asylum Office that reviews the termination in the first instance and if asylum is terminated, you are sent to court. So more likely, you be would allowed in, and then referred to the Asylum Office for termination. These are the worst case scenarios. In most cases, you would probably just enter the US normally, and this issue may arise at a later date. The problem is, it is difficult to predict what will happen. Good luck, Jason
Hello Sir,
I hope you are doing great. Sir I applied for asylum at Houston Tx in January 2015 with my only dependant my 2 year old son. I did my fingerprints in February 2015 and received my first EAD in October 2015 along with my son ead. Sir Jason with due respect my queries are as follow:
1) If i move to a new address with same zip code and state will it effect my pending asylum case?
2) If i reapply for my second ead from my new address will it make any changes or effect my pending case or ead clock and can I change my new address on uscis website?
3) Is it necessary to reapply for second ead for my 2year old son as he is my dependant? (through his first ead i have his social security card)
4) Once you replied to someone’s query that Houston is the difficult office to win asylum, please can you explain me why is that so? m really scared.
I always follow your blog and appreciate all your work and your kindness towards all who are in need of special advice. God bless you and your family.
THANK YOU.
You’ve already answered my query plz ignore this one my browser didn’t refresh it on time. Thank you.
Hi Jason,
I have my work permit based on asylum pending,
is possible adjust my status with a petition of my employer trough the form i-140? (soliciting a green card based in job), my employer and me met both with the skill and company requierements for that.
Thanks for your help,
It is possible, but this may require you to leave the US and return, which could be problematic from an immigration point of view (you may have a 3 or 10 year bar to returning). I recommend you consult a lawyer before you start spending money on the employment process, to make sure you are eligible. Take care, Jason
Hello Jason,
Thank you for the information. My husband is an asylee and I got my residency thru his status (AS7) however I never claimed to have any type of fear in my country. Can I go back or do I have the same restrictions?
Thank you!
Dependents should be able to go back to the country. My only concern is that USCIS would not know that you were a dependent and would thus cause problems for you. Maybe if you travel, make sure you have access to evidence that you are a dependent, not the principal applicant for asylum. I would also have some evidence available (maybe on your cell phone or in the cloud) that your husband’s case was legitimate. That way, if they question you when you return (or when you apply for your green card or citizenship), you will be ready to respond with some evidence. Take care, Jason
I disagree. Class Of Admission (COA) code on the green card reflects exactly whether the immigrant is a principal, spouse, or child of asylee:
Class of Admission Description
AS6 Asylee principal.
AS7 Spouse of an alien classified as AS6.
AS8 Child of an alien classified as AS6.
I agree with that; however, my concern is that when she arrives at the border, CBP will not realize she is a dependent and will treat her the same as if she was the principal applicant – or that they understand that she is a dependent but they will think a dependent should be treated the same way as the principal. In other words, my concern is that CBP will make a mistake at the border, which will cause problems for her when she arrives. Take care, Jason
Hi Jason thanks for the information. I have a question about getting citizenship through asylum . You said that even though if we get our citizenship we can not go to our country . We will not use our home country passport to go home . We can use our new US passport to go home is ther any problem with that too . I think being a US citizen you can go any where and live as other US zitizens . I need some clarification about this please .
Thanks again
If you go to the home country and this causes USCIS to believe that your original asylum application was a fraud, it could cause them to reopen your case. This is unlikely, but it is not impossible. As I mentioned, I have only heard about cases involving human rights abusers and criminals, so for the most part it is safe, but not 100% so. Take care, Jason