“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.
sir
I was granted asylum with my wife and kids in USA and now we have green card I am the main applicant of asylum my question is that can my family visit the home country is Thierry any risk if they travel home country without me?
Thanks
The risk is greatest for you, but there may be some risk to your family. It really depends on the basis of the case (for example, if you said your whole family was threatened, then it might cause trouble if they returned). You might want to talk to a lawyer about the specifics of the case before they travel. Take care, Jason
dear sir / madam,
i am a indian and i come here in germany with my wife and my baby also born in deutchland . i applied for asylee to stay here but my case is not accepted. i have lot of problem to stay in india with my wife so that’s why i came here now please may you explain me what should i do to live in germany. please please reply me to make my life softly. please reply me.
thanks
respectively kuldeep kuldeep
Sorry – You need to talk to a lawyer in Germany. I am in the US. Take care, Jason
dear sir / madam,
i am a indian and i come here in germany with my wife and my baby also born in deutchland . i applied for asylee to stay here but my case is not accepted. i have lot of problem to stay in india with my wife so that’s why i came here now please may you explain me what should i do to live in germany. please please reply me to make my life softly.
Hi, I’m Indian recently i got asylum approved and in case if i get married before getting my Green Card or after my Green Card and the person whom i want to marry is also applied for asylum but his case is pending. Can he get Green Card through me ?? what is the best situation to get married before GC or after GC? How long he will get the GC in both conditions? Please do reply… Thanks for making our life easier.
It probably does not matter much. If you have a green card, you can file for your spouse, but it takes over a year and he would most likely have to leave the US to collect his green card. Once you become a citizen, he can probably get his green card from the marriage without leaving the country. Of course, if he wins his own asylum case, then you do not need to file for him. As I do not know the details of the case, and that would affect my answer, I recommend you talk to a lawyer so that you know all your options. Take care, Jason
Hi Jackson I am female from Pakistan I have a question my husband is in us on Asylee visa it’s still on process but he have received workpermit and social security my question is this can I apply visit visa now by showing his all things or not ?? If I have to wait then how long I have no idea as it’s asylum what should I do ?? I hv rejected before but before his applying asylum plz help me out fr this regards
Since he applied for asylum, it will probably be more difficult for you to get a visitor visa to the US. If you qualify for other types of visas – like an H1b or an L – his asylum case should have no effect on your application. As for the wait time, it is not predictable. You can check the Asylum Office Scheduling Bulletin – a link is at right – to get some idea about interview wait times, but that is really of limited value. Unfortunately, cases often take a few years, and it is impossible to predict when a decision will come. You may want to contact a lawyer who helps with non-immigrant visas to go over your options to come here before your husband’s case is done, as that might take a long time. Take care, Jason
Hi Jason,
Thanks for all your helpful info. I have 3 Qs. And I would appreciate if you asnwer them all.
1-is it like that the travel doc would replace to the asylee passport? And is it all we need to show at the citizenship application?
2- is it safe for an asylee who still does not have a greencard, but have travel doc(in the first year after approval) to travel a third country other than home country? I have travel doc but still waiting for GC and want to trip to Europe.
3- do you think if it is risky for a green card holder asylee to travel to home country by his passporst via a third country? Do you have anyidea if at the applying for citizenship the gov would ask a copy of my home country passport?
1 – I do not understand there question. If you have asylum, you can get a travel document and this allows you to go to other countries (not all countries accept this as a “passport”) and then return to the US. This has nothing to do with citizenship; 2 – it should be; 3 – yes, there is a risk (as discussed above), and they will ask you about this when you apply for US citizenship. I have seen people get into trouble at the naturalization stage because they visited their home country after winning asylum. Take care, Jason
hello sinder ,did you ever try to go home country through 3rd country .i am in the same boat now please tell us
Hi,
i am from Pakistan and i give in italia application for asylum, they gave to me temporary residence permit to live in italy ,
and now i find a work in Netherlands and company want me to send a work permit, Can i have right to Apply visa on Netherlands Embassy In Italia if i have only temporary residence permit in italia?
I am in the US and I have no idea about all this. Sorry, Jason
Hello,
What if an Asylum seeker from Iraq came to the US to get his green card and now he wants to go back to live in his country? What would happen then? Would he never be able to return to the US?
If a person with a green card lives outside the US for one year or more, there is a presumption that he abandoned his green card (I think the instructions for the Re-entry Permit, form I-131, available at http://www.uscis.gov, discuss this). For people who got the GC through asylum, if they go live in the home country, they could have the GC revoked and the asylum terminated. If that happens, the person could still come back to the US if they can get a visa. If the person plans to return to Iraq, it may be worthwhile to talk with a lawyer before he goes, so that he knows his options going forward. Take care, Jason
Thank you Jason B.
I have approve asylum 1997,and I get my GC. in 2012, but,I went to my home country in 2013 (19 DAYS),2014 ( 38 Days ).
dead of my member of family. brother.
my sister get hospitalize for breast cancer ( doctor umputed her right breast..
so now I would like to apply for citizenship do I have problem or DHS ,can take my GC ,what my option?
thanks
This may cause you problems when you apply for citizenship. You should make sure to have the evidence about why you returned to your country (death certificate of your brother, medical records of your sister). You might also want to talk to a lawyer before you file the N-400, in order to minimize the likelihood of a problem. Take care, Jason
What do you think about a derivative asylee (daughter of principal asylee), granted LPR status, traveling to her home country for a brief visit on her home-country passport? Any risks?
It makes me nervous. Supposedly, I believe such people can travel home without much risk, but I do not trust that that is the case. We have not had client in that situation experience a problem, but very few of our clients have traveled back, and I do not recall any derivatives traveling back. Take care. Jason
I am a asylum seeker in italy can i travel to country close to my country
Sorry, I do not know the laws in Italy. Take care, Jason
Hi Jason, my name is nasir from Pakistan.last year I came illegal in Greece and they took my fingers and gave me a six months paper.during that time I leaved and came in Hungary .in Hungary they took again fingers abd made asylum.but I did not knew about that.because they forced for fingers.now Las one year I am living in Germany and I applied for asylum.but my case in rejected because they said you have asylum in Hungary already but also they Said we don’t have found any case about your asylum.now they gave me one week to leave Germany.i did not give fingers with my will.and rule is first country is responsible where we give fingers and that is Greece.they said we did not find your fingers there but I have that paper with proof.
Now tell me and give me advice please.i am aslo hepatitas b patient and doctors also sent letter that this person need urgent treatment…
I do not know about the procedures in Europe. In the US, in general, if a person has asylum in another country, he cannot get asylum in the US. However, I do not know whether it is the same there. Maybe you need to find out whether you actually have asylum and get some documentation about that, or contact an agency that helps refugees (if that is possible) to get some help. Good luck, Jason
Hi my name is brayan i am 15.I came to USA in 2012 with ny mom and dad.We applied for asylum in 2013 and our asylum got accepted we was called for hearing but before that my father forced us back to our country in 2015 now me and my mom want to come back to USA.Can we come back with no risk of immigration and punishments.We have no deportation orders and have a hearing on in 2017 please reply back and help me know what happens if me and my mom comes back
If you leave the US while you have a court case pending, it is considered a deportation. You should talk to a lawyer in the US to determine whether you can come back, but if you have a US visa, my guess is that you will be allowed to board the airplane. However, you might have trouble when you reach the US. You might be detained at the airport. If this happens, you could be held for a few hours, but you could also be held for months (though unless you have a criminal record, this is not likely). If you are detained, you would need to claim asylum at the airport. You might also need to explain why you returned to your country. I do recommend you talk to a lawyer about the specifics of your situation before you return here. Good luck, Jason
Thank you so much. I wanted to know Will i be taken to detention when i reach the airport. But i have no crimnal record or anything. And i have all the valid documents please reply
As I write above, you could be detained. Good luck, Jason
oh ok I heard when you get detained they set a bond on you. So can we pay the bond on airport or what else would I have to do in order to get released and deal with my case.Plz guide me thank You
They do not have to set a bond, and in some cases – especially for arriving aliens – if you do not get bonded out or paroled into the US at the airport, the Immigration Judge does not have the legal authority to grant you a bond. You may want to consult with a lawyer about the specifics of your case here, as I do not do a lot of cases for people arriving at the airport and I am not familiar with the specifics of your situation. Take care, Jason
hi jason am somali citizen i have being to america in 1986 i have also being to germany itally polland and many more others i used work with the somali governments before the country got collapsed and wars. curently am in somalia my condition of Surviving is very rare since somali are fighting agains clans.
am an enginier as wel lEconomists,
if want to go to america again, how can i go…
any procedure,
thank you
You would have to apply for a visa like anyone else – visitor visa, student visa, work visa, etc. But if the US government thinks you will stay here permanently (i.e., seek asylum), they likely will deny you a visa. Take care, Jason
Hello Jason
I received my green card through asylum. After 6 years of waiting, i become U.S citizen. Now, I have US passport. And I really want to visit my country for once. So, my question are Can i travel back my home country and re enter US without any immigration risks ? Is there any risk of loosing my US citizenship ?
regards
rohan
The risk is probably minimal. If the trip somehow causes the US government to believe that your original asylum application was a fraud, then you could have a problem. I have never heard about this happening, except with human rights abusers and Nazis, but it is theoretically possible. However, if your asylum claim was legitimate, probably you have nothing to worry about. Take care, Jason
Hi, I have a question. Me and my mother shifted to US few months back. And applied for asslyum. We are getting our social security after 2 weeks. And the assylum case is filed on my mom’s name but I am included in it. Can you please tell when can I visit my home country? And can I go there after my interview or after getting my green card?
If you return to your country while you have asylum or a green card, there is some risk you will lose your status here. The risk is lower for dependents like you than for principal applicants like your mother. Nevertheless, there is always some risk. If you keep the trip short and keep a low profile, and if you have a good reason to travel back, then it is less likely you will have a problem. Take care, Jason
Good morning Jason,
I wold really appreciate if you could share your knowledge in regards to my situation. I originally applied for political asylum 6 years ago, but I never got it and have never been denied, I had a pending status all this time. 3 years ago I got married to U.S. citizen and recently my political asylum case was terminated by the judge and now it is going to be sent to USCIS for adjustment of status. I was told that I can apply for advance parole to travel even with pending adjustment of status application. Is going back to my country on advance parole going to get me in trouble or prevent from returning back to U.S. although my asylum case was terminated?
Thank you in advance,
M
I think the issue is, if your return trip causes the government to believe that your original asylum was fraudulent, they could use that as a basis to deny the marriage petition and try to deport you. Probably it is not a very likely outcome, but I guess it is possible. I think you would be better off not traveling until you get the green card, and even then it would be better not to return to your home country. On the other hand, if you have to go, probably the risk is not that high. You might want to keep the trip short and take other precautions to try to minimize the risk. Take care, Jason
Thank you so much for the respond. I have a way to go back through another country that my country does not have a border with. But the thing is that my passport is expired and ambasy of my country can only give you a passport if you are a green card holder, no exceptions. To go back I can only get permission Notice from the consul and get my passport at home. Would it be something that customs would question(the issue date on the passport), although I would not have any other evidence of being in my country?
I appreciate your time,
Thanks again
The US government might know – they seem to know a lot. But really, I am not sure.
Thank you for your time Jason! Appreciate it:)
Hello,
First big thank for your help. So it’s not possible to go straight to my home country after i become us citzein with asylum case. And is it true that us citizen passport with asylum case is different?
You can do that, but if the trip causes USCIS to believe that your original asylum case was fraudulent, it could still cause you problems. I think this is generally unlikely, but it is possible. Take care, Jason
Hello sir,
My name is Ahmed and I am asylee in USA, I got the work authorization card also with DHS on that, can I know the meaning of that, will there be any limitations for me to work. And sir if I go back to my home country then at the airport, the authorities will ask about my status on which I was living in USA I mean to say that my home country will know that I have applied for asylum in USA? Like with my passport,.
I know my questions is little silly but plz let me know.
With the EAD, you can work anywhere that will hire you. If you return to your home country, you risk losing your asylum status in the US. Your home country cannot tell you received asylum from your passport, but if you have your EAD or your other asylum papers (like the I-94 card), and the home country knows the meaning of the codes on those documents, it will know that you received asylum. Take care, Jason
Thank you so much for the reply sir, on my I 94 card it does not say anything like that. I have one more question sir. If I got married to any national girl here is USA then my asylum case will be closed, ? I mean my status will get changed? Or still my asylum case will be running, and if I got married then can I go to my home country and return back easily? Please let me know.
If you marry a US citizen and get your green card, you can close your asylum case. If you return to your country after that, you should be ok, but you never know – if the return trip causes the US government to believe that your original asylum application was a fraud, it could still cause you problems. Take care, Jason
Thanks a lot for the help sir,
Good morning sir, I have a question , will USCIS or department of home land security do the verifications from home country, ? Plz let me know.
They do sometimes verify information from the home country. I believe they send their request to the State Department and then the embassy does the verification, but maybe there are other procedures too. Take care, Jason
Hi Jason,
First of all thank you for your help.
I am a refugee from Kyrgyzstan.
I was granted and asylum status 4 years ago, got a green card after. This year I had go back to Kyrgyzstan through Kazakhstan, because I had my cousin being very sick after the car accident 3 month ago, he was in come and his mom is disabled, he dad passed away 7 years ago. There was no one, who really could take care of him. So I went back for short period of time, 2 weeks, to make sure that he got taken cared of by doctors and his bills were paid. The question that I was gonna ask you is if I would be granted to enter the US back again. Also I have used my passport to enter the country. But I made every effort to be as clandestine as possible. And I haven’t reavailed myself.
Thank you so much in advance.
Most likely, you will re-enter the US without a problem, but you never know. I recommend you have as much evidence as possible to demonstrate the reason you had to return to Kyrgyzstan: Evidence of the accident, the mother’s disability, that you took care of the medical issues, that you were clandestine, etc. Most likely, this issue will come up when you apply to become a US citizen, so you should have all this information available at that time as well, in case USCIS asks you. Take care, Jason
Hi
I have been granted asylum and eventually received my green card. I have no intentions to return my country of birth but want to travel other countries. Can I use my passport issued in my country of birth? or do I need another form of travel document. I have 3 more years to apply for citisenship. I want to know if it is legal to renew the passport and travel . Thank you.
You can do that, but it could cause problems for you with US immigration. It is far safer to apply for the Refugee Travel Document (form I-131, available at http://www.uscis.gov) and use that to travel. The problem is that not all countries accept the Refugee Travel Document in lieu of a passport. You will have to check with the countries you plan to visit. Take care, Jason
Hi,
I want to apply for asylum based on my sexuality. I’m from a very homophobic country and I can’t be open about my sexuality back home. I’m not even out to my parents and I will never be, but I love them very much and I would need to be able to visit them once or twice a year.
I am afraid that if this affects my asylum then it will get even harder to obtain a green card even in a different way.
Could you please advise on whether or not I should apply for asylum in this case?
Thanks much
Anna
I cannot give advice about that – it is up to you. But if you have asylum and you return to your country for a visit, you risk losing your asylum status, so you need to keep that in mind when you make a decision. Once you are a US citizen, it is safer to return back for a visit, but this will take at least 6 years and, more realistically 7 to 9 years. Take care, Jason
1.I have b1 usa visa multiple entry for 2years. I got it for participating conference at Chicago . but I want go first Seattle then Chicago. because I want to get a relative before the conference. does this plan bring a problem? 2. if an asylee is a doctor in his country but has no in hand his original diploma can he re certified in USA,I mean he cannot return to home for the document . so can he give any other evidences describing as he is a doctor? Does US gov’t care about asylees to work by their proffesion? thanks
1 – I do not see how this is relevant, or why it would affect anything in an asylum case; 2 – I do not know. There is a way for foreign doctors to become accredited in the US, but whether you need original documents or not, I do not know. Also, whether you work in your profession or not has no effect on an asylum case. Take care, Jason
Hi Jason,
I have a question, my status is Green Card holder, i got from Diversity Visa Lottery, i moved to United States since 2 years ago, then 4 months ago i met guy in United States, he is from same country as mine, their family had already applied for Asylum and still processing to get Green Card through Asylum, if i married with this guy, can we travel back to our country for wedding party? I’m thinking to married in United States but still want to celebrate the wedding in my country, can he go back to United States after visit our country? What form should we fill for get permession from Goverment to go out from United States and go back to United States without problem?
If a person who gets a green card through asylum travels back to the home country, he risks losing his green card. I have seen this happen to people, so I know it is a risk. If you must go back, I recommend you talk to a lawyer before you go to get some ideas on minimizing the risk. I think there are some suggestions above, but since each case is different, it is worth talking to a lawyer before you travel. Take care, Jason
I applied for asylum and did not receive an interview invitation, while I was waiting for the interview I have applied for an employment based green card, what are the risks of traveling to home country for a short trip, given that the political regime in my country have changed?
If you got the green card based on your job, the risks are probably low. But if USCIS thinks that your original asylum application was fraudulent (based on the return travel), then that could be a problem. Take care, Jason
hello guys, i have question, my mother is a tanzanian and my father was an italian soldier but he moved to east africa where i was born, after he died in tanzania i wanted to go and live in italy, what can i do and i dont have any papers?
Why not contact the Italian embassy to see what they say?
Hi – I’m a US citizen which I obtained through my father. My father became a US citizen by getting GC through Asylum. Wondering if someone has to report to USCIS or ICE that we visit our home country, does that create any problem for us?
I do not see how you will have a problem if you got your citizenship in this way. It should not be a problem to visit your home country at this point. The only way there could be a problem is if the original asylum case is deemed fraudulent, but that seems pretty far-fetched. Take care, Jason
Thanks Jason.. and Do you know if you only holds US citizenship and have renounced your former country citizenship. Can you still get deported? Just curious
I do not know about that – but if the (former) home country will not take you, then you are basically stateless, and I think the US would have a difficult time deporting you. However, it is not always easy/possible to renounce citizenship, and if the US thinks you are a citizen of the home country, they may try to send you there. Take care, Jason
Hello, Jaon.
My asylum application has been pending for years. I have to travel to 3rd nation-NOT my home country I fled from. I have no passport at all. I do have a passport from my home country, but it is already been expired. What should I do to get a passport? Do I need to visit the consular office of my home country?
Advance Parole? Can I use it in the US airport when I try to travel outside US territory, and use it in the foreign airport in the 3rd country?
Advance Parole lets you re-enter the US, but it is not a passport that you can use to travel. So if you travel, you will also need your passport. This may be impossible if your country will not issue you a new passport, and using your passport could create problems for your asylum case if you are claiming that you fear your home government (the same government that issues the passport). Take care, Jason
Good evening Mr. Jason.
I really hope that you can help me with my questions.
Me and my wife got asylum in 2014. And after year we got our green cards. Asylum was based on my wife’s personal situation. We both from Ukraine. I had couple situation at home, my ant died when I couldn’t come because I didn’t have green card and any travel documents. And I have a little brother whom I didn’t see since he was 6 month old. But I have another 4 years for U.S. Citezenship.
I was asking our family immigration loyer and he keep tells that I can go strait to my country and I will not have a problem. But I keep search information about my story and found couple similar situations where says that I’m not allow to go to my county even if I didn’t ask for asylum, my wife did.
Will be really appreciated if You can give me some advice about my situation.
Thank You, Mr. Jason !
If you go to Ukraine, you do risk losing your status – this could happen upon your return to the US, but it is more likely to happen when you apply for US citizenship. The real question is: How big is the risk? If your wife won asylum and you were her dependent, then I suspect that the risk is small. It would be much worse if your wife went back. There are things you can do to further minimize the risk, like making the trip short, staying away from the people or group that threatened your wife, keeping a low profile while you are there, etc. You may want to document all this as best you can (using letters from people who know about it, for example). Of course, the best solution is to not go to Ukraine, but to meet your family in a nearby country. Of course, your lawyer knows your situation much better than me, but if you are not confident in his advice, maybe talk to another lawyer for a second opinion. Take care, Jason
Thanks for your respond !
If I will go through Russia, but use my Ukrainian passport does US will know that I was in my country?
You would be surprised at what they know, so I would be careful. I think if you go to your country, even if you try to do it “under the radar,” you take a risk.
hello Jason my girlfriend is in Germany and she takes asylum in Germany.
My question is that is it possible that she will come back to her home country again?
I do not know the laws in Germany, so I do not know about that. If she was in the US and returned to the home country, it could cause her problems, and she could lose her asylum status. Take care, Jason
Hi Jason,
I recently got my green card (asylee green card). I am a citizen of Eritrea and I am planning to visit Kenya for one or two weeks to visit family and friends. It is easier to get a Kenyan visa using an Eritrean passport rather a Refugee Travel Document so I am intending to use my old passport which is good until 2017. Do you think this could be risky for re-entry to the US after my travel? Thank you in advance.
It can cause problems for you. I think it is more likely that the problems will come when you try to naturalize, but you could have problems on re-entry (I have heard about people having trouble because they used their country’s passport). I highly recommend you not use your passport, if possible. But if you must, make sure you have documentation explaining why you used it (for example, if the Kenyan embassy rejected the travel document when you applied for a visa, try to get something about that in writing). Take care, Jason
Good morning sir.. Iam student in egypt I’ve just finished my first year at college of languages.. My majors are English, Chinese, Arabic (native language) and I want to come to US to improve my English skills and also get deep with American literature which we are studying in the college..
The problem is,my dad is in us under political asylum case and I wrote that he isn’t in US on my DS-160, also he isn’t the one who will sponsor me on my i-20 form..
So iam now waiting for my paper I’ll receive it in couple of days.. So I didn’t define an appointment yet,should I change my DS-160?
And if I did, how can I answer some questions regarding my dad?, and is there any possibility they can’t know about my dad and his situation and may not ask about him?!
The government may very well know that he is here, so I think trying to hide that fact is more likely to hurt you then help. Obviously, if they determine that you lied on the form, they will deny your visa. My opinion is that you should correct the mistake and then make as strong an application as possible for the F-1, but his status in the US may make it more difficult for you to get an F-1 visa. I recommend you find a lawyer who assists with F visas – maybe the school can recommend someone. Take care, Jason
Hi Sir,
My wife, me and our two kids became asylees recently. The problem is that we might get divorced (and my wife was the applicant). My question is: if I give up voluntarily my asylee status and go back to my country will I be eligible in the near future to apply for touristic visa so I can come to visit my kids?
Thank you!
If you get divorced, you will lose your asylum status, but you can get it back by filing a nuns pro tunc application for asylum. If you return to your country, it likely will be more difficult to get a tourist visa, since you previously had done an asylum case. However, if you have strong evidence of attachment to your country, maybe it is possible. Also, if you qualify for certain visas (such as H1b or L), the fact that you sought asylum will not affect your eligibility for the visa. Take care, Jason
Hello sir, I have a son who was granted asylum, due to his medical conditon his schizophrenic, and he had a critical breakdown and went back to México from El Pasó,Tx., Is he going to be able to go back to Usa he really is not in conditon to stay in Cd.Juarez, what can I do? Thank you for your info.
He may be able to get back, but it depends on many factors, so I cannot really answer your question. It would be a good idea to hire a lawyer to help you, so the lawyer can understand the full story and hopefully give you some good recommendations. Take care, Jason
Hi Jason,
I’m a US citizen. My fiancee was granted asylee status and has had her green card since Jan 2014. She has since travelled back to her country once and we would like to get married in her country because all her family are still there. We plan on getting married in the fall of 2017. My first question is would I be able to pursue an adjustment of status after marriage for her so that she does not run into issues when filing for citizenship? And if I can’t and she runs into trouble for going back to her country and is unable to provide good evidence except for that she needed to see her long lost family and the USCIS decide to reject her naturalization and revoke her asylee status, would I be able to initiate another case for her from the beginning as my wife? Or would something like that ban her from any future in the US?
It may be more complicated than you suggest. I think you cannot file for her to get a green card, since she already has a green card. If USCIS attempts to revoke her asylum/LPR status, she should be prepared to fight that with evidence of the danger in her country. If the government concludes her original asylum application was false or fraudulent, it could result in her being barred from any immigration benefits, even if she is married to a US citizen. For this reason, it is important to fight against any charges that the original asylum was false (if it comes to this, she really needs a lawyer). If asylum ultimately is revoked, her case will be sent to immigration court, where she can try to revive the asylum or get a green card based on the marriage. My guess is that it is unlikely she will face such problems, but of course, she could reduce the chances for a problem by not returning to her country again. Maybe she must go, but there is some risk. If she could wait until she is a US citizen, the risk would be greatly reduced. Take care, Jason
Hi Jason
I have a question for you, I am from Nepal and through my dad asylum visa I came in USA and it’s already been 5 years and I have my green card too and it’s also been 5 years that I receive my green card. Is their any possible to go back to my country to visit my family and I am planning to get married. I am planning to stay for a month and half
So is their any way I can go back to my home safely and return back to USA safely.
Thank you
Hey i am an asylee in the united states and i onow i cant go back to Syria but i need to visit my grand ma she is sick and my boyfriend is there too it is been five years i really wanna visit for 2 weeks if i went in my passtport and it is almost expired and returned back in my green card would that be a risk. If i also wanted to naturallized but my expired passport that i have travelled to syria wasn’t with me would that be ok because i am going to vive them my new passport that i never went with to syria?
If you plan to travel in general, you should get the Refugee Travel Document (form I-131, available at http://www.uscis.govhttp://www.uscis.gov). If you return to Syria, you take a risk that you will lose your GC. It would be better for you to meet them in Lebanon or some other country. If you do go to Syria, you should make the trip short and you should get evidence about why you traveled (letter from your grandmother’s doctor, for example). This will not guarantee that you are protected, but it may help. Take care, Jason
Hi Jason I wanna ask one question I getting gc through asylum my mom is not well can I go home country for 4 weeks can I came back us without any trouble
You may have trouble if you do that, but keep the trip short, keep evidence of the reason for the trip (mother’s illness), and hopefully you will be alright. However, there is no guarantee, and you should understand that you take a risk if you return to your home country. Take care, Jason
Hi Jason if I go home country how many days can u tell me and any document is required like travel documents and can u tell me is it ok I got gc this year in month of May can I go in January for short period
There is no formula for this. If you go home, you take a risk. If you plan to travel in general, you should get the Refugee Travel Document (form I-131, available at http://www.uscis.gov). Good luck, Jason
Hi Jason,
Just wanted to know, what documentations are required to seek asylum in countries like UK/USA? A friend of mine is having severe threats in his country due to his affiliation with religious parties.
Thanks.
I cannot speak about the UK, but in the US, your friend should get documents supporting his claims – so letters from people who know about his problems, police or medical reports if he was harmed, evidence of friends and family who were harmed or threatened, evidence of conditions in his country, etc. It depends on the case and he might want to talk to a lawyer to help him have a better idea about what he needs, as evidence supporting his claim is very important if he hopes to be granted asylum. Take care, Jason
Dear Jason
I am an asylee from Ethiopia.I was granted asylum and I have a green card now.
I am planning to meet my family in Kenya.I found cheap flight with Ethiopian Airlines and my flight has a connection in Addis Ababa, Ethiopia.
Does my connection flight in Addis ababa, Ethiopia has a problem on my asylum status?Does it affect me? Does the US government consider this as I am returning to Ethiopia? It is just a connection flight
Thanks
It could cause a problem for you, even though it is a transit. It is probably not very likely to be a problem, but you never know. There are plenty of flights. Why not avoid any chance of a problem by taking a flight that does not go through Ethiopia? That would be safer. Take care, Jason
Thank you so much Jason
I’m always grateful for your invaluable advice and support.It really means a lot for asylee/refugee population. Keep up the great job you’re doing, a lot of people are benefiting.May God pay you back with all His abundant blessings.
Thank you
Stay safe
Hi Jason,
I’m a gay man from China. I came to the U.S. in 2008 as a student. Before I graduated and met my now husband in December 2011, I’ve been back to China twice already. I then of course did my OPT for one year, but since same sex marriage is neither legal in California, or eligible for immigration benefits, I filed for asylum simply based on the fact that Chinese society is very conservative about sexuality in general, and if I were to live there permanently without being able to go back to a open-minded western society, I’d have either live a closeted life or be out and face family pressure and social discrimination.
Many attorneys would think that’s a weak case, because I do not face imminent threats of any physical harm or imprisonment. Nevertheless, my case was approved in late May 2013. Then in late June that year, both Prob 8 and DoMA were struck down by the Supreme Court, so we got married and filed for Adjustment of Status based on marriage. I’ve removed my condition earlier this year, and just filed for naturalization in mid August.
While I was waiting for asylum result back in early 2013, however, my father was diagnosed with lung cancer and passed away on April 1, 2013 without seeing me for a last time, so after I got my marriage Green Card, I made 2 short trips back to China. First trip (14 days) coincided with his first lunar-year death anniversary; 2nd trip (12 days) was for scattering his ashes in the ocean after the 3rd lunar-year anniversary.
Therefore, I’m wondering how my 2 trips may affect my naturalization case. I do have an attorney–the one that won my asylum case. Over the past few years, he’s been showing minimum concern over this, but at the same time it’s also been hard for me to find legal precedent similar to my situation. In fact, my attorney let me handle the application myself, he’d answer any question of mine for free, and he told me besides mentioning asylum [filing date and approval date (which was only about a month away from my 26th birthday, and I forgot about it)] when explaining my failure to register with Selective Service, I should not need to include any old asylum support materials unless asked for.
Sorry, I’ve tried my best to be brief. Please let me know what you think.
I agree that you should not submit your asylum documents unless asked. Your green card is not based on asylum, so USCIS could not take it away due to the return trips. The danger is that USCIS will consider your original asylum application a fraud, since you returned to China later. I think it is unlikely that USCIS will re-evaluate this issue, but it is possible. Therefore, you need to keep all your asylum documents and evidence, so that if you need them, you will have them. Given what you’ve described, my guess is that if USCIS attempted to deport you based on an alleged fraud, you would ultimately win the case. However, it is a stressful and potentially expensive process. In any case, the best you can do now is have all the documents available if needed, and prepare yourself to explain the return trips at your naturalization interview. Once you are a US citizen, you are much safer, but even then, I recommend you keep all documents in case you ever need them. Take care, Jason
I was granted asylum and have gotten my green card and travel document. However, on a recent trip to Canada I used my green card along with the passport from my original country and not the travel document. Could this be a problem in the long run? Could it have affected my Ashlee status? I have known other asylees who stated that their is always a problem going through immigration when using the travel document.
Thanks
Nick
There are cases where a person got in trouble for using their passport, so it is better not to use it. However, I think these are pretty rare, and you can always explain why you used it (maybe the country you were visiting did not accept the refugee travel document). If you have a good explanation, you should be alright if USCIS ever questions you about this. Take care, Jason
Dear Jason Dzubow,
I want to ask some questions.
One of my close friend want to apply for asylum because she is not safe in her home country.she have some of evidence.she is married.after her marriage she got some threats from unknow person and they went to canada for studies.she spend almost 3 years and now they came back but still situation is same in her home country.she is threatened by unknown persons many time but know she is so scared and doesnt want to live anymore her homecountry.she wants to move usa forever.is it possible for her to get asylum and how many chances to get asylum.
2)in usa its same like other country asylumee get house n some money for food from government?
Your help would be appreciated.
If she is being threatened because the bad guys think she is pro-US, or pro-Western or maybe because they think she has changed her religion, theses can be a basis for asylum. An asylum seeker in the US does not get benefits from the government while the case is pending. Most people find a way to pay for themselves, but maybe some get help from charities. Take care, Jason
hi i am undergraduate who live in ethiopia and i am applying to usa university which asks 12000$ diposit to send my I_20 visa and if i iam addmited and come to usa i want to ask asylum and i don’t. want to study in that school to. when i come to us can i ask the university to return my 12000$ deposit and ask un asylum?
and can i apply to oter comunity collages in us while iam asking my asylum ?and can i work by my asylum paper? plese can you answer these questions for me ?please
I do not know about getting a refund from the university – you would need to check their policies. As for studying somewhere else, in most cases, you need the work permit to do that, which you can apply for 5 months after you submit your asylum application (and then it takes up to 4 more months to get the permit), so it will probably be a year before you can start attending school (though maybe you can go part time before then). Take care, Jason
can a asylum’s child who currently has citizenship go back to their country? is there any process in the immigration any document needed?
Realistically, the person probably can without a problem. But if the trip causes USCIS to think that the original asylum application was fake, it could cause problems. This seems very unlikely, but if you are not sure, talk to a lawyer before the trip. Take care, Jason
Hi Jason , thank you for what you do .
I applied for a Refugee Travel Document, From NY
On June 8 my case was received , on August 13 I put my fingerprints,
When I check my status online only shows the date when they accepted my case.
Do you how long should I wait for my rtd?
I have not applied for one in some time, but generally, they seem to arrive in 3 or 4 months. Hopefully, you will get it soon. Take care, Jason
Hello! I have green card As7, I did not see my family from 2013, now I want to go back for one month to see my family, can I come back without the problems in USA? Do I need some special permit for travel?
If you got your green card based on asylum, returning to your home country could cause problems for you. There is no way to guarantee that you will not have problems, but if you have evidence about why you traveled (to visit a sick relative, for example), that you tried to stay safe in your country, and that you went for a short period of time, you are less likely to have trouble. It is safer to not visit your country; maybe you can meet your family members in a third country, if that is possible. Take care, Jason
Just came back from visiting my country after getting my green card through asylum here in the States. I did not have any issue, I traveld last year too
Nevertheless, you took a risk, and some people do have issues. Also, you could have problems when/if you apply for US citizenship. You should keep documentation about why you traveled, so if USCIS questions you, you are ready. Take care, Jason
Hi Alex i am so happy for you. I got my green card through asylum and i wanna go to see my family . No body ask you when you came back and did you use your travel document or your passport thank you so much
hi, as Family we got a grant asylum on 2013, and on 2014 we got our green card
I traveled to the original country for couple of days
at the airport, we have been to an interview with the customs and borders cops as they said that they can take our green cards
after hard times with many questions with them, they gave us the green cards and the passports
I saw them wrote something on the computer but I don’t know what it is
is there any effect of that on the citizenship ?
There could be. At the minimum, gather information about why you had to return home (for example, if you visited a sick relative, get a letter from the relative and the doctor). Also, make sure you have your entire asylum case, so that if questions are raised, you will have the documents you need (if you do not have it, you can get it by filing a Freedom of Information Act request using for G-639, available at http://www.uscis.gov). When you apply for citizenship, you may want to use a lawyer to help you – explain to him about what happened, so he will know. My guess is that you will be fine, but if you have the documents about why you traveled and from your asylum case, it will be safer. Take car, Jason
Greetings to you Jason,
I have three questions. 1=I was granted asylum in November of last year 2015, this being August can I go ahead and apply for green card or should I wait until next month November? 2=How do I apply for the green card? Can I do it personally or I need to go through a lawyer? My worry is, I don’t have that much money to pay for the lawyers to file my green card. And 3=How long does the whole process take and do I have to pay any fees for filing for the green card??
Thanks very much Jason, your kind reply will be appreciated.
1 – You should not apply before the 1-year anniversary of your asylum grant; otherwise, the case may be rejected; 2 – In general, you can do it yourself, unless you have issues (arrests, returned to your home country, stayed outside US for a long time, etc); 3 – The process normally takes 6 to 8 months, but it can be shorter or (much) longer, depending on the case. You have to pay the fee or file a fee waiver (form I-912, available at http://www.uscis.gov). Take care, Jason
Thanks very much Jason for your reply for my yesterday’s message, I appreciate your answers for my questions. It’s so helpful to have your dedication to inform us.
Kind regards
My case is complicated.My uncle recently deceitfully dumped my siblings and I in my home country (Nigeria) telling us we were going to Ghana for vacation . We stopped at Nigeria 17th of June 2016 and he dropped us at my mum’s place, Niger State knowing fully well that where my mum resides is not safe; recently there was an attack by cattle herds men where my mum lives while my siblings and I were there. We obtained asylum protecting us from dangerous happenings like these in Nigeria.
He finally opened up on the 19th of July 2016, saying he wasn’t taking us back to United States of America via a text message to my mum. Our asylum approval papers, state IDs, Social Security cards and working permit cards are in his possession and he is refusing to release them. How bad can this affect me going back to the states. You can reach me via my email. Thanks.
You should contact the US Embassy as soon as possible and explain what happened. Hopefully, they can help you. Also, if needed, you can file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of your file from the US government. If you have the copy, at least you can give that to the embassy. This will take a few months, and I highly recommend you talk to the Embassy today or as soon as you can, and see what they say. Good luck, Jason
It’s been a while now since I got back to you. We’ve been to the embassy numerous times now and the whole story short is that they said they cannot force him to bring the documents, they gave him a call twice, but he didn’t pick. They said the only way for us to go back is for him to return the original asylum documents. Recently my principal got to me that he received a letter that my uncle sent to him and to the USCIS that the situation of my country is now better and that he has returned us to our country and this is not true. Also the FOIA cannot give me my asylum documents back. Is there a way I can contact the USCIS directly because the embassy didn’t take this issue as serious as I thought they would. I guess it’s because we aren’t full citizens yet. Thanks.
You should hire a lawyer in the US to help you. You should be able to get proof of your case with a FOIA. There is a phone number on the http://www.uscis.gov website, but I do not think they will assist with an asylum matter. If you got asylum at a local office, you can contact that office, though again, I do not think they can help (contact info for the offices can be found if you follow the link at right called Asylum Office Locator). Good luck, Jason
So do I have to file a complaint with the FOIA to get proof of my case? Thanks.
You should just be able to file the FOIA – I do not see why you need to file a complaint to get a copy of your file.
Dear Sir
On September 10, 2015 I came to the US as an international fellow. My j-1 is subject to two-year residency requirement. Unfortunately, I did not complete my one-year program in good standing and was terminated from the fellowship in February 2016. My sponsor organization advised me go back to country of origin but , I did not go back. Actually, I wanted to stay in the US until I write for the bar exam, which is due this year in July. Good luck worked and I got accepted to a law school for LLM program. The university advised me to leave the US and apply for F1 visa in home country. Having been overstayed, I am fear would be refused visa in my home country. My change of status from J-1 to F-1 will also be be refused on this ground. And now, when political situation in my country has been totally changed, and I fear of political and religious persecution if go back home. Can university retain my acceptance if I become an asylum-seeker. Please advise me a way out. I do not want to miss my LLM study.
Regards
Imai
I doubt the school will let you attend classes unless you have an F visa or a work permit. I agree that you probably cannot get an F visa (though you could meet with a lawyer to get more specific advice – maybe there is a way, but I doubt it). If that is the case, you can apply for asylum. After 150 days, you can then apply for the work permit (called an EAD). It usually takes up to 4 months to get the EAD, after you apply. Once you have the EAD, you should be able to attend school – though ask the school about this to be sure. This means that probably you will need to defer your admission until you have the EAD. Good luck, Jason