“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! Jason,
I have a question that i and my husband applied for green card through asylum on March 1st week, 2016. I am a principal applicant. I got my green card 2 months ago. But we didnt hear anything for my husband. When we check the status, there is still the same thing as it was before in process. For my husband case he applied for green card twice earlier. One is through his marriage case which was denied due to divorce. And the 2nd time he merged that marriage case to labour case (it’s called grandfathering case), which was denied too. And now it’s the third time his case consolidated to my asylum case and we both got approved. Now i just want to know that how long is it gonna take to approve his case. Can you tell me some approximate time frame? I look forward to hearing from you. Thank you.
I cannot tell you a time frame, and the delay may or may not relate to the previous filings. I recommend you contact the USCIS Ombudsman’s office (a link is at right). They can often help in a situation like this, or at least they can give you a better idea of what is happening. Take care, Jason
A political asylee (principal asylee)from country B and wife is a derivative asylee country A.
Principal asylee filed form I-730 for the wife and she received the derivative asylee status after one year derivative asylee adjusted status to AS7.
Now she’s planning to travel to country A to visit family for emergency,she’s using U S refugee travel document to travel.
Since she’s a derivative asylee from country A different country from the principal asylee country B , there’s any travel restriction for the derivative asylee AS7 to travel to country A?
If the derivative asylee AS7 travel to country A,it’s going to be a problem when filing US citizenship?
I really appreciate your help and thank you very much
If a derivative asylee travels to her own country (not the country of feared persecution), it should not affect her ability to adjust status or get the green card. If you have some reason to doubt that – for example, her country’s government is somehow involved in the case – talk to a lawyer to be certain about the travel. Take care, Jason
hi Jason, I am little confused here. On the USCIS web site it says that quote “you are not required to apply for a green card; however, it may be in your best interest to do so. You may no longer qualify for asylum status with the right to remain permanently in the United States if:
country conditions change in your home country or
you no longer meet the definition of an asylee due to changed circumstances.”
So does this imply that once you get your LPR you get to keep that status even though situations have changed in your COP that you are no longer at risk of persecution? Considering you get to keep it, can one go visiting his COP or renew his national passport since he does not longer fear persecutions?
My understanding is that if country conditions change and you already have a green card, you will not lose your green card, but I am not 100% sure about that, and it may be worth hiring a lawyer or researching it yourself to be sure. As for visiting the country of persecution, if you do that – even with a green card – it can cause USCIS to try to take the green card away. Maybe if conditions have changed, they will not take it away, but I do think you risk them starting the process to take it away (because they will understand that you returned to the COP, but they will probably not understand that conditions there have changed). I would be very cautious about this and I would talk to a lawyer before I traveled. Take care, Jason
Assuming that the USCIS will try to take the GC away, how does that process work? Do you get to defend yourself in a court? or they can very well just deny you admission back into the US?
In the worst case, you could be detained at the airport, but that is not very likely. Typically, your case would be referred to an Immigration Judge and you would go through the court procedure. Take care, Jason
Thank you for this platform very much.
I am illegal on USA I have overstayed my visa.I have filled asylum application it is pending.but now I have decided to return back home country.can I do that with my home country passport without any problems at airport while leaving USA because I have already expired my visa.will immigration detain me while I am on airport while departure.because I expired my visa and was illegal in the USA .and I have withdraw my asylum application before departure.
Thank you very much
I think you should have no problem leaving. Take care, Jason
Hi many thanks of you for this platform.
I am illegal here in USA my visa has expired.I have filled asylum application but waiting for interview.
now I have decided to go back to home country.can I go back without any problems at airport because I have expired my visa already?
Thank you.
You should have no problem leaving. However, I recommend that you contact the local asylum office and withdraw your case. This may help you avoid a deportation order (which you will get if you leave without withdrawing your case), and ultimately it may make it easier to return to the US if you ever want to do that. Take care, Jason
Hi Jason,
I have sent my documents in Dec 26,2016 but I havent received any reply or any mail saying they have got my documents. I fear that they moght have never got it or ??? I just wanna know how long the USICS Take to reply whether they have got my application??
It is too soon to worry about this. It usually takes 3 or 4 weeks to get the receipt. Just in case, maybe double check that you mailed the case to the correct address. Take care, Jason
Dear Jason,
First and foremost, what an excellent summary you’ve provided to the readers! I would greatly appreciate your response in regards to the following. My child, a minor, received his asylum status, and, consequently, permanent resident’s status as a derivative applicant. I’ve never asserted that there was a likelihood of his persecution. I am wondering whether the same restrictions in regards to his national passport usage and travel to the country of citizenship apply to him. Many thanks for your response in advance. Best, Mary
It’s hard to answer this, as it depends on your case. In general, a derivative probably does not have issues returning to the home country, but doing so could cause the US government to suspect that the principal’s case was fraudulent. It is probably worthwhile to evaluate the risk by talking to a lawyer before the child travels. Take care, Jason
Hi Jason,
I have a permit to work since Im waiting for an interview on my asylum application. If they deny me asylum, Is there such thing for people living here over ten years and with kids? If this is true and I get a green card, Can I still travel to my contry? Am I going to have any problems since I already apply for asylum before? I have no family in my country but my husband has his grandparents who are sick and wish he has the opportunity to see them before is too late. He has a permit to work too because of my application, HELP I don’t know what to do. Thank You for your time.
If your case is denied and referred to court, you may be able to apply for Cancellation of Removal (you need 10 years in the US, but there are other, more difficult, requirements as well, and the court process is usually quite slow). You can also try your asylum case again in court. I would not travel to my country even if you get a green card based on Cancellation, as it may cause the US government to think you lied about your asylum case. If you need to return home, you should talk to a lawyer before you travel, to minimize your risk of an immigration problem. Take care, Jason
I have filled asylum application two months ago.but now I have decided to go back to home country.I am out of status my visa has expired .can I leave USA without any problems?
You should be able to leave with no problem, but if you want to come back here, I recommend you contact the asylum office to cancel your case. You can find their contact info if you follow the link at right called Asylum Office Locator. If you do not do that, the case will continue without you, and eventually, you will receive a deportation order, which makes return to the US much more difficult. Take care, Jason
Hello, I need your help please. I sent my documents for the asylum application to the USCIS office. I have not yet got the fingerprint notice. Now I do not fear any threat of returning to my country. Can I return to my country without any notice from USCIS.
Hi I am in the same situation when you get any better solution please share with me.
Thank you
You can return, but unless you cancel your asylum case, it will keep going, and – since you are not there – will eventually result in a deportation order against you, which will make it harder to return here. You can contact your local asylum office and ask them to cancel your case. You can find their contact info if you follow the link at right called Asylum Office Locator. You might also want to talk to a lawyer about closing the case, as a lawyer can help with that. Take care, Jason
A derivative asylee come from country A and the principal asylee come from country B.
It’s ok for the derivative asylee to travel to country A with refugees travel document? Please help
It should not be a problem, as the person does not have a fear of going to that country, and it is not relevant to the asylum case. However, if the US government believes that the principal asylum applicant is “firmly resettled” in country A, that could be an issue for the asylum case. If you are not sure, talk to a lawyer about the specifics, but if the only issue is the derivative is traveling to his/her home country, and it is not the same country as the principal, and the principal is not traveling, it should not be an issue. Take care, Jason
Hi Jason,
I first greatly appreciate your help for asylum applicants.
I entered US as F1 by 2014, applied for asylum and pending for 2.5 years (no interview so far and status was checked as normal as of November 2016). I am still on F1 status, get married and applied AOS based on my F1 in June 2016. During an info pass visit of USCIS to check the status of my AOS application, I was informed that the asylum application should be processed first to process the AOS. This is strange to me because the AOS is already initiated ( Got RFE and submitted the requested evidence, EAD and I 131 approved already). To my knowledge, asylum and AOS (basedn on F1) are two separate processess. Should I trust the info from ISO or do another visit? Would it be possible to have your advice on this issue?
Thanks
Sometimes, there are issues between files with the asylum office and the USCIS office that is doing the AOS, but you should be able to get your green card while the asylum is pending (we’ve done it for people and then closed the asylum case). You can contact the asylum office to tell them what you learned at the Info Pass and see what they say, but before you do that, you may want to do another Info Pass (or call USCIS) and ask to speak to a supervisor – sometimes, they can get whatever file they need so they can finish processing the case. Take care, Jason
Many thanks for your information and advice.
Hi, I was granted asylym in 2015 and now have my GR but my refugee travel passport expired in July and now waiting for renewal. I am going to Mexico in couple of weeks for 5 days and will be using my native passport ( Russian) which is valid still. Would I have any problems using that passport? Thank you in advance
It would be better not to, since you are placing yourself under the protection of the Russian government by using their passport. If you fear your government, it could create problems for you by using the Russian passport. We have not seen anyone get into trouble this way, but it is possible, so if you can get the Refugee Travel Document before you go, that would be preferable. Take care, Jason
Hi, I was born in Romania but I’m holding Hungarian country passport, after my father, next year I wanted to seek asylum, after that can I go to visit Romania anytime? Will that affect my asylum case?
Plz give me your advice, thanks
If the US government thinks you are “firmly resettled” in Romania, they will deny your asylum case (unless you also have a fear of persecution in Romania). You should talk to a lawyer about this before you travel. Take care, Jason
HI Jason :Sorry the previous question had problems in the paste.
I’m confused, that’s why I come back to ask you
I came illegally to USA, but now I have Green Card through asylum, I want to travel to a third country ( mexico ) using Us travel document and GC, but I was reading a warning in the page of USCIS
I want to know if this warning is also for the Asylee who have come and living illegally in USA
Here is the Warming : If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. For more information please see Section 212(a)(9) of the Immigration and Nationality Act (INA).
Thank you for your help
HI Jason
I’m confused, that’s why I come back to ask you .asylum, I want to travel to a third country ( mexico ) using Us travel document and GC, but I was reading this warning in the page of
I came illegally to USA, but now I have Green Card through the USCIS
I want to know if this warning is also for the Asylee who have come and living illegally to this country
Here is the Warming : If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. For more information please see Section 212(a)(9) of the Immigration and Nationality Act (INA).
Thank you for your help
If you have a GC through asylum and you have a travel document, and you are not from Mexico, you should be able to travel to Mexico for under 6 months and return to the US. Sometimes, people who entered the US illegally are forced to file for a waiver even if they have won asylum, but I have not seen that happen at the border. If you have the proper documents, you should be allowed to enter. If you are worried about something specific, talk to a lawyer before you travel. Take care, Jason
Thank you Jason
1_Where i have to file the waiver just in case.?
2_ I gonna apply to be Usa Citizen en 2 years.
That warmig rule will still as a Usa Citizen ?
Thank.you one more time
When you apply for citizenship, if they want you to file a waiver, they will let you know. If you return to your country after you are a citizen, you are unlikely to face problems, but if the trip causes USCIS to think your original asylum was a fraud, it may be an issue for you. Take care, Jason
Thanks for your answers,
I just wanted to be sure if before traveling With my green card and Travel document to Mexico that is not my country, I have to sign the waiver (for having entered and lived illegally in USA )
Thank you
You would only need a waiver if USCIS tells you that you need a waiver; you cannot do it beforehand. Take care, Jason
Happy new year Jason .
Having a green card through the asylum cancels the fact of having entered and lived illegally in Usa ,?
Can I be considered inadmissible on my return to the USA after an international trip because I was entered with out inspection an living illegal here?
Could you please explain a little to me?
thank you
We have never seen anyone have trouble upon re-entering the US. However, sometimes, when people apply for a green card or citizenship, USCIS sends a request for evidence about the original illegal entry and then says that the person needs a waiver. In such cases, we have explained that a waiver should not be necessary since they got asylum, and we have also applied for a waiver. In the cases I have done, this has worked out (or the cases are pending still), but it is a big pain and a waste of time and money. Take care, Jason
Hey Jason, we were granted asylum no long ago. I’m the principal applicant and I’m from Congo while my wife is from Russia. So my question is how the fact that we both obtained asylum (protection from my country Congo) will affect my wife’s ability to go visiting Russia. Can she travel with her passport since she’s only a dependent in my case and the protection sought was from Congo?
If she is the dependent, it should not matter that she goes to Russia, as that country has nothing to do with the asylum case. You can go to Russia too, but if the US government determines you are “firmly resettled” in Russia, they could take away your asylum status here. Take care, Jason
While travelling to Russia, can she use her Russian passport? I know that she must have the refugee travel document (RTD) in order to return to the US. What will happen after we obtain our green cards (GC), I know I’ll have to only use the RTD in order to go outside and return to the US along with my GC. What about her? Will she have to keep using the RTD even with her GC or her Russian passport along with her GC will be enough for her to return to the US?Basically what I am trying to determine is can she use her Russian passport/GC with no RTD ?
I do not see why she should have a problem using the Russian passport and the GC to re-enter the US, unless she plans to be outside the US for 6 months or more. Take care, Jason
I m harry.i was living in united states d i put a case for assylym.i wna go for home beacause my father is not gud and i don’t get interview.so tell me i can go back my home and come back to united states or not.
You can try – If you want to leave for a short time (a few months), you can use Advance Parole (available using form I-131, at http://www.uscis.gov) to leave and re-enter the US. If you go to the country where you fear persecution, this can result in problems when you come back (including possible detention at the airport), but you should be able to get back in. If you are going for a longer time, you would need to re-apply for a new visa, and – depending on the type of visa – a prior asylum application may make this much more difficult. You can cancel your asylum case before you leave, and that might help a bit – contact that asylum office to tell them. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you should probably talk to a lawyer about the specifics of the case to see whether there might be other options. Take care, Jason
I’ am in the same situation as you please share with me if you get a solution thanks in advance
Dear Jason, great article.
I have returned home twice since I received my asylum status. However I didn’t use any formal documentation to travel back to my country. I traveled back via neighboring countries. My government can’t tell that I traveled back.
I’m about to apply for my citizenship. My question is, will uscis find out? Thanks.
You are required to tell them, so that is one way they can find out. If you do not tell them, maybe they will not know, but if they do know, this will be a major problem for you. If you were my client, I would have you tell them and then make sure we are prepared to explain why. I suppose there is a risk either way, but I find that USCIS often knows more than you think they know, so it is good to be careful. Take care, Jason
Dear Jason,
Here is quite an unorthodox situation. I applied for asylum in September 2014, within the jurisdiction of Houston Asylum Office. I have not had my interview yet and my application is still pending. I was in F1 status when I applied for asylum. As of now, I graduated from my school and applied for OPT, and currently still in F1 status. There is a chance that in a few months I will get a job that will sponsor me for h1b, and I will need to submit my h1b related paperwork in March 2017. I know that one of the documents that I will need to submit is my unexpired passport.
However, the big issue for me is that my passport expires in the last week of April 2017. I have also heard that it is bad idea to renew your passport why asylum application is pending.
Is it still ok to to submit my h1b paperwork with a passport soon set to expire or is there any provision that would exempt someone with a pending asylum from supplying a passport, and use some other ID document instead, like an EAD card?
Thank you very much!
I do not know about the H1b part, but we have had clients renew their passport while an asylum case was pending. This is not ideal – particularly if you are claiming a fear of the home government. If you fear a terrorist group in your country, it is probably less of a problem. I think you will have to talk to the attorney who is helping with the H1b and explain the situation. If you do not have a lawyer for this, it is probably wise to get one. If you can get the H1b visa, it should not interfere with your asylum; nor should an asylum application block you from getting an H1b. Take care, Jason
Can someone with asylem get married to usa citizen and change his status after getting work permit
Yes – assuming the person entered the US legally and there are no other bars, it should be possible. The advantage is that you will get your US citizenship faster. Take care, Jason
Hi,
I applied for asylum two and a half years ago. But later on I got married to American citizen. We applied for my permanent resident status through my marriage. I got it. My grandmother is very sick and I want to go visit her, do I have to worry about anything?
Thanks
You will probably be fine, but if you return to your country and it causes USCIS to believe that the original application was false, you could have trouble. I recommend that if you decide to go, you bring evidence for the reason you traveled (medical documents from grandmother) and try to keep the trip as short as possible. You might also want to talk to a lawyer before you go to think about other ways to protect yourself. Maybe this is over-cautious, but it is better to be safe than sorry. Take care, Jason
Hi Jason.
I have green card bu asylum and I have US travel document. I wan to go to Mexico Which is not my national country.
But i little worry about to reenter to usa,
There is any risk that inmigracion dont let me get in to usa?
Thank you
There is any changes with new government?
As long as you do not go to the country where you fear persecution, you should have no problem traveling (assuming you have no other criminal arrests or immigration violations, and that your travel is less than 6 months). You may want to get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) to use in lieu of a passport. Take care, Jason
Hi Jason thank you for reply me
I already have refugee travel, document. And I have no bad records. But I wanted to ask you . I came to the United States without a visa. All this information was given in writing to my interviewer of course. Now that I have a green card through the asylum? It is still a bad record in my case. What should I say if the official at the airport ask me about it.
You can explain that you received asylum. Typically, when we see USCIS give problems to people in your situation, it is during the naturalization process; not during re-entry at the airport. But if you are concerned, talk to a lawyer about the specifics of your case for advice. Take care, Jason
I am a Baha’i. My Father is really sick , and I am the only son. My mom also had a heart attack and I have a single sister who is not able to help them any more. My father is under a special care at the hospital with my mom.
I am a social-religuse refuge and accepted to be in Canada for almost 30 month. When I left my country they were not on this situation, so they have the hope to see me one more time before,…
I have’t got my citizenship yet, can I go back to my home country for a very short visit?
I am in the US, and it sounds like you are in Canada. You should talk to a lawyer in Canada about the law there before you travel, as you do not want to cause problems for yourself if you can avoid it. Take care, Jason
Hi,
I am Pakistani citizen and came to Australia in October 2015 for a conference and claim a protection. I am waiting for decision and my family wana meet me Indonesia. Problem is that my passport is going to expire in one week and my lawyer told me not to as approach Pskistan embassy for passport renewal.
I can renew online as well but lawyer advise is not to do so. I am stressed and wana meet my family.
Please note that i have fear of prosecution from social groups not from Pakistan government.
Please advise ,It it realy bad idea to renew passport?
Sorry, I do not know how that would affect a case in Australia. I am in the US. Take care, Jason
Hello sir, my name is emad and I am asylee in USA I got the work authorization and SSN, . For 2 years, Sir does my home country, will get to know that I have applied for asylum in USA? And if my asylum will get interview if they accepted or rejected thus my Indian citizenship will get cancelled ? And if I wanna cancel my case and go back to my country now can I do that, ? Plz reply me sir, thank you so much in advance,
The US government will not tell your home government about the asylum case (though this system is not 100% foolproof, it is pretty good). If you want to cancel your asylum case, you can tell the asylum office and then leave your country. You can find the asylum office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you so much sir,
If my ashlyum passing then can i visit my parents for 20 day in my country so possible back to usa??. Let me know.. thank u…
If you win asylum and return to your country, you could have your asylum status canceled and the government could try to deport you. It is a real risk, and I have seen it happen. If possible, it is far better to visit your family in a third country. If you must go to your country, you might want to talk to a lawyer first to try to minimize the risk. Take care, Jason
Hi Jason,
I was granted asylum based on political opinion and torture convention in 2008. However in 2014 my mother was very ill and hospitalized so I traveled back home to see her afraid that those were her last moments. She recovered thankfully. I stayed there for 3 weeks basically until the day she was discharged. Now I’m getting ready to apply for my citizenship, I have her hospitalization documents. Should I include it I. My application and explain the reason why I went back to the country I feared execution from. Or do I wait until the day of the interview to bring it up if they ask me? Also is there anything else I need to provide besides the hospital documents. Also, im engaged to US citizen and we have a child together, can this help with my case? Also, my country has a new president so can they say that I no longer fear return to my country because of the change in presidency. Can my torture part hold up still
If you no longer fear return to your country, that could be an issue, but since you have your GC, hopefully it will not be a problem. Again, I recommend you talk to a lawyer about the specifics. Take care, Jason
Hi Jason,
I was granted asylum based on political opinion and torture convention in 2008. However in 2014 my mother was very ill and hospitalized so I traveled back home to see her afraid that those were her last moments. She recovered thankfully. I stayed there for 3 weeks basically until the day she was discharged. Now I’m getting ready to apply for my citizenship, I have her hospitalization documents. Should I include it I. My application and explain the reason why I went back to the country I feared execution from. Or do I wait until the day of the interview to bring it up if they ask me? Also is there anything else I need to provide besides the hospital documents. Also, im engaged to US citizen and we have a child together, can this help with my case?
If you get into trouble, the fact of your marriage may help you, but for now, it probably does not matter. Whether to include that information is up to you. In general, I do not include such information, but I tell my clients to keep it, and to either bring it to the interview or submit it if USCIS specifically requests it before the interview. Even at the interview, I would not have my clients bring out that evidence unless USCIS wants it. Of course, you must reveal your travel, but USCIS does not always inquire further about this, and showing the evidence may cause them to pay attention to the trip. Also, a lot depends on the basis for your asylum (do you fear the government or a non-governmental group?). People do get into trouble for returning to their countries – I have seen it happen – and so I recommend you talk to. A lawyer about the specifics of the case and probably use the lawyer to apply for your citizenship. Take care, Jason
Hello Jason,
Thanks a lot for all your great work. I have a few questions. I was granted asylee 14months ago and I am now applying for permanent resident, besides forms I-148 and G-325A, is there any other form I need to file? And do I have to submit a Medical examination report?
Last 2questions, How exactly do I make payments?? Do I mail a check or money order together with my I-485 or I make payments later after mailing my application forms? And Can electronically file my application or it has to be by mail???
And do I pay for form G-325A biometric fees separately?
Thanks a lot Jason I look forward to your kind answer
Felix
I am not sure what the form I-148 is. The main form is the I-485, and you include with it a G-325A plus the other documents listed in the instructions for the I-485. You must mail the fee with the application. It is also better to include the medical exam with the application, though you may be able to send that later. As far as I know, this cannot be filed electronically. Also, USCIS fees are going up on December 23, so if you can send it before then, you will save some money. Take care, Jason
Jason,
Thanks a lot for my reply, I have been sick so couldn’t write back but I appreciate your reply which enabled me to file my I-485 on time before Dec 23. However since I typed while filling up the I-485, I have just realized that on the part where thy ask about my current occupation the whole sentence didn’t type up completely after printing it. For example, I do more than one jobs so I typed in all my two different jobs, but then on printing out the form, the second job wasn’t all typed in completely as I had done on the computer that applies to the finger printing form I sent it. I will that be an issue for my application to be accepted? If yes, how do I correct it?? I sent in my application on the Dec 21 and was already delivered by FedEx. Normally how long does it take for me to get an official notice that my application has been accepted?
Once again thanks very much Jason for all your advices and help.
Looking forward to hearing from you.
Felix
This does not sound like a big deal. You should have the receipt in a few weeks. It is probably easier to correct the error at the interview, but if you get a request for additional evidence – which sometimes happens – you can correct it at that time. You can also just mail the correction to USCIS once you have the receipt (and the receipt number). I think there is no harm in that, but given that the problem is a small one, it might be easier to correct at the interview. Take care, Jason
Hello Jason,
I got my green card based on asylum in 2014 and my home country is Iran. I haven’t traveled abroad since then. I am planning to visit Europe this summer. since my iranian passport is expired and I believe it wouldn’t be a smart move to travel with my home country passport I am going to apply for travel document. Will I have any issues traveling with Travel document and my greencard to Europe when I want to re-enter US? I appreciate your help!
You should have no problem re-entering the US. However, if you are using the Refugee Travel Document instead of your passport (which is a good idea), you should check with the country you are going to visit to be sure they accept that document in lieu of the passport. Take care, Jason
Hi this is nazmul I need some help last year I got my green card & also I visit Malaysia with travel document.i don’t go back my country cos political opinions & I married my girlfriend in Malaysia she live in Bangladesh.my question when we arrived in Malaysia than we know we can’t get married in Malaysia than we decide we call Kaze & do all formality in Bangladesh system & we take additional document consular general of Bangladesh Malaysia certified so when is it any problem to apply my wife
It sounds to me like you did not return to your country, so I suspect that it will not create problems for you if you got your GC through asylum (I am 100% sure, since you did get some help from the Bangladeshi government, but I doubt that will be a problem). So if you have a GC, you can petition for your wife. The process takes about 1.5 years. Take care, Jason
Hi, I have asylum granted on September 26, I want to return my home country for 30 days, my dad had an open heart surgery, and desperately, I wanna see him but I am afraid that my asylum would be terminated when I come back to US. I need your advice please
We have had some clients return to their country and it has affected their cases (one person’s asylum was terminated). If you have to go, make sure you get evidence of his surgery, and that you too precautions to remain safe in your country. In addition, the shorter the trip, the better, so I would not go for any longer than 30 days if you can avoid that. Even so, you are taking a risk. Good luck, Jason
How it was terminated? at the entry in airport?
I believe when our clients arrived at the airport, they were told to go to the asylum office, and their asylum status was terminated there. Take care, Jason
and I still don’t have a green card yet, does that change anything?
Hi Jason! If I have my Asylum application denied, my tourist visa will be canceled?
It normally will not affect your tourist visa, but it will be more difficult for you to get a visa in the future, and I suppose if you go to the US embassy for some other reason, they could cancel your tourist visa. Take care, Jason
As i have applied asylum in New York (2016) which is still pending. Is it ok that i can move to any state of US & can work over there legally & it will not effect my asylum application.
If you move permanently, you need to file a change of address form with the local asylum office (form AR-11, available at http://www.uscis.gov). If this causes you to change to a different asylum office, it is possible that your work permit will be affected (it should not be affected, but you never know). For this reason, I recommend that people do not change asylum offices until they have their work permit. You can check to see whether your move will cause you to change asylum offices if you follow the link at right called Asylum Office Locator and you enter your old and new zip codes. Take care, Jason
I am a Tibetan refugee in US. I wanted to visit Nepal shortly on obtaining my travel document and will stay there for atleast three months. So, will there be any chances of not allowing me to enter into US while returning? Thanks
You should be fine, but if you plan to travel much longer than that, you should talk to a lawyer before you leave, just to ensure that you will not have trouble upon returning. Take care, Jason
Thank you for help. But I was bit worried as there was a notice being circulated recently from IRC office, stating that one should not travel to their home country unless they have U.S citizenship. So, I had to seek your good help. I would be glad if you have any relevant information regarding it, to further proceed in ease for happy my travel.
As I discussed in the article, I think there is some risk in returning for people who have a green card based on asylum, and certainly for people with asylum. The risk is pretty minimal for people who are US citizens.
Thank you Jason. You made much relieve for my travel.
Thank you for this informing article.
I’m a granted asylee and now I’m eligible to apply for Green Card. But I’m homesick and I want to visit my home country without any problem.
So instead of applying for Green Card and I’m looking for to get marry with a citizen to get a Green Card.
If I achieve this, will my visits be risk free or not?
Thanks!
There is no such thing as “risk free”. If your return visit causes the US government to believe that the original asylum case was a fraud, you could still have problems. If you get your GC through marriage and return home, this problem is less likely, but the risk is not zero. If you keep your visit short, and try to keep a “low profile”, maybe that will help. I do think the chances of a problem are small, but again, they are not zero. Take care, Jason
Thank you so much for your response.
I have one more question: lets say I got my GC through the asylum case, in the future if I get married with a citizen, is it possible to change AS6 asylum code on my GC?
My friend has been granted green card based on assylum and would like to return to visit his sick dad shortly and aid him financially and provide support. Does he need a refugee travel document before he leaves ?
It is safer for him to get the Refugee Travel Document. If he travels on his passport, the US government might not like that, and could cause problems for him with his green card. Also, he should be aware that if he returns to the country of feared persecution, it could cause problems for him with his green card. Once he is a US citizen, it is generally safe to go back (though not always, as I discuss in the article above).
Hi Mr Jason Im Philip from Nigeria. Im a Gay man and being this way in my country is a punishable offence of up to 14 years in prison and in the north and sharia states, it carries the death penalty . So falling in love is hopeless and having a partner is totally out of the question. im tired and exhausted from living a fake and unhappy life with NO Love in it. i have a scheduled interview for a bi/b2 visa for the USA …how do i present my case in the USA if i get the visa and should i do it immediately i arrive in the us at the airport or some later time well into the duration of the b1b2? thank you!
I cannot offer you advice about the interview. However, if you get the visa and come here, it is far better to enter the country and then seek asylum once you are here (you must file for asylum within one year of arrival or you become ineligible). If you ask for asylum at the airport, they will likely detain you and you will have to pursue your case from the jail, which makes it more difficult to win, and obviously it is not nice to be locked in a jail. Of course, if the US embassy believes you will seek asylum here, they will probably deny you a visa. Take care, Jason
Hi Jason, I am in a complicated situation that need your kindly advice urgently. I’m from China and got green-card through Asylum for 4 years now(One child policy).
However, China terminated the one child policy at the beginning of China. It does mean my country conditions have totally changed and I’m safe to go back.
What should I do now? I have worked in the US and paid a lot of tax(really a lot) for 4 years. Do I need to inform USCIS my situation to cancel the Asylum but keep my green card? Or at least, is that possible for me to re-apply a green card if I give up my Asylum voluntarily?
Thank you!
I don’t think you need to do anything. You just seat back and continue your life as usual. They are the one who would decide of it needs to be cancel or not. Not YOU.
I doubt USCS will try to terminate your green card based on the changed policy in China. If so, you will need to talk to a lawyer about defenses that you might use if you want to remain in the US. Take care, Jason
I was granted asylum in 2006, then in 2012 I lost my Dad n went to bury him. I returned to the US showing that I have to bury my dad. Than in August of this year, I applied for citizenship n did my finger print. I m yet to take the test. But it been three months. Do I have to worry about it?
Maybe. Make sure you keep all evidence related to the reason for the trip, and from your asylum case. Hopefully, you will not need it, but it is better to have it, if you do. Take care, Jason
What is a political asylum?.
A protected status given to certain individuals who seek protection against persecution and or torture. The individual must found to have credible fear or returning to his or her native country. Such status is granted in accordance with Geneva convention against torture. I hope this answers your question.
If you fear persecution in your country, you can ask to remain permanently in the US. You can read more if you look at the instructions for the form I-589, available at http://www.uscis.gov. Take care, Jason
Hello,
I have a pending asylum (9 years), no illegal overstay and no arrests. I need to go to my home country to see my mom, she is in the hospital. I know i can get an advance parole but I’m afraid if I’ll have issues back at the POE. I’m also planing to get married within next 3-4 months so I won’t be needing asylum then but I have to go home in January or Feb the latest. Please advice. Thank you
This is tricky. Maybe you can meet her in a third country? If not, you may need Advance Parole (form I-131, available at http://www.uscis.gov) to travel. It takes up to 6 months to receive that. If you do return home, you probably will not have trouble at the point of entry (though you might). More likely, the trouble will arise later, when USCIS is reviewing your case. If you switch to a marriage case, maybe this will not be an issue. Could you get married now, and file for your green card and Advance Parole as part of the marriage case? I recommend you see a lawyer to go over the options. Good luck, Jason
Hi Jason,
I am in the same predicament as the gentleman above except it is my father who is in the hospital. I filed I-131 but have not received it. I put in an expedite request, and the status says that they sent me a response (probably via email) but I never got it. I called them again today and the wait was so long, the automatic call back option was put in. My flight is next week, I cannot afford not to go home see him. What do I do? I am desperate. Please help.
If you are going to your home country, you do risk losing your asylum case. If so, at least make the trip short and try to get evidence about the reason for travel (father’s hospitalization). It is better to wait to leave until you have the Advance Parole document, but you do not need that to leave the US; you need it to re-enter. If you leave without it, and it is delivered to your home in the US, maybe someone can send it to you overseas (this is assuming you already were fingerprinted for the Advance Parole). This is a risk – what if it never arrives? Or gets lost when it is mailed to you? In any case, if you understand the risk, you can make the best decision for you and your family. Take care, Jason
Hi Jason ,
I came to the US with my family in 2012 on an SIV Spicial immigration Visa,
I have been working in my home country since then as an expat traveling every 4 weeks to stay at work for 8 weeks then come back to the US for 4 weeks and so on knowing that I stay inside the camp that belongs to the company I work for
I haven’t been given any hard time at the airport coming back every time
However, I’ve heard that it will be deferent in Jan 17, and that I might not be able to grant access to the US, knowing that I live in the US and have a wife ind 2 kids who lives in the US and they have never left,
The only reason for me going to the home country is for work and to be able to provide a decent living bag for my family,
would you please advise if this is going to be an issue next time I travel? Also would that be an issue for me when I apply for citizenship?
If yes, Will that also effect my family?
Would you advise that I quit my job?
Please advise and thank you in advance
Nobody knows what changes will go into effect after Trump is president. I think you will have to pay attention to what happens, and if there are changes that affect your ability to re-enter the US, you will have to act accordingly. For now, there is not much to do. Also, the article above is about asylum, not SIV, and returning to the home country is not a problem for SIV recipients (but it is for people with asylum). Take care, Jason
Kindly sir my friend here in korea asylum since one years he want go to other country plz advice thx
I do not understand the question, sorry. If he has asylum in Korea, and he wants to travel, he needs to talk to a lawyer in Korea to see how that is done. Take care, Jason
I m shia muslim pakistani, my life is danger in my country and i have submitted my assylum case and waiting for interview.
Can i meet with my family in a third country for 2 months?
Probably – you can get Advance Parole using form I-131, available at http://www.uscis.gov. This should allow you to travel and re-enter. You might want to check with a lawyer before you go to make sure you will not have a problem to re-enter. Take care, Jason
I and my husband came to the US to have a baby in June 2014, we came in with two kids and suddenly he disappeared and relocated to London according to the information I got. He had sold all our properties back at our home country without my notice.
I have been here since June 2014 and I had the baby in Jan 2015. I would have gone back to my home country but we have no more home, properties, job or anywhere to stay. His family are not helping, they don’t even want to see me and the kids. He only sent me divorce letter in late Nov 2014 with $3000 and said I should find my way.
Can I seek for Refugee or Asylum after 2 years in the state?
Maybe – but the reasons you describe do not seem like a strong asylum case to me (maybe there is another reason that you did not mention). The fact that you did not file for asylum in the first year after arrival is a major issues, and I highly recommend you talk to a lawyer about the specifics of your case to see whether you meet an exception to the one-year filing rule. Take care, Jason
I am in danger, people are after my life i relocate to another state all because of this fight and am scared of the country am looking for a way to relocate to any country that we be far away to my country am in danger now my life is at risk. pls help me out I will be glad if my wishes come true.
Sorry, I can only assist people who are in the US. I wish you well, Jason
Can I still apply for asylum after 1 year ?
Yes, but you need to explain why you are filing late. If you have a good explanation, you might still get asylum. If not, you can still get Withholding of Removal or Torture Convention relief, but those can only be granted in Immigration Court. I recommend you talk to a lawyer to help you with the one-year issue (and the rest of your case). Take care, Jason
My mother, brother and I got political asylum recently. We got our I 130 few months ago. We have a sick relative back in India we are trying desperately to see. How can we proceed so as not to risk losing our asylum?
If you return to the country where you fear persecution, you risk losing your asylum status (or your green card). I provide some advice about that above, but the best thing to do is meet the relative in a third country, if possible. If not, go for a short trip and keep evidence of why you traveled (relative’s medical records). But you must understand that if you go to your country, you risk trouble (maybe detention) at the US border/airport. This may be a small risk, but the risk is bigger that you will have trouble when you apply for US citizenship. Take care, Jason
Thanks for the advice.