“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.
Jason,
I first entered the US on an F-1 student visa in September 2016. I haven’t left the country since. I have to go back to my country for a month this summer because I am getting married. When I’ll be back, I intend to file for asylum. Do you think it will you bad for my chances? It isn’t supposed to be a year max since the first entrance, right?
Thanks!
Returning to your country will potentially make it much more difficult to win your case. The US government will think that if you return, you are not afraid, and they may deny your case. It would be far better for you to marry somewhere else. If you must go to your country, you will need to explain why you went despite the fear of harm, and this may be difficult. I recommend you talk to a lawyer to help you with the case and to help you think about how to explain this trip (if you decide to make the trip). Take care, Jason
Understood. However, let’s say that I had no intention of applying for asylum before the trip and the situation back home changed the circumstances. Wouldn’t that be fine?
We have done cases like that, and in those situations, the return trip is not a problem. Take care, Jason
Hi Jason,
I came US a month ago on B1 visa and my passport has return stamp of August 2017.
I want to file asylum and want to know should I file the asylum asap or should I wait till august to pass leagal stay date.
Thanks
You can file at any time. If you wait more than one year after arriving here to file, you could become ineligible for asylum, so you must file before one year in the US. But for most people, if they want to seek asylum, it is better to get the case started. Take care, Jason
Thanks Jason.
I was granted asylum and have the green card I went back my country for one month after 3 years from the green card date,
During the month (29 days) i was outside , I received food stamp and I used it once I came back the 5 months later, I got a job and closed the EBT.
I’m so worry about it when I apply for the citizenship next week if they asked me in the interview.
Any help will be appreciated
They might ask you about this. If they believe that the original asylum case was false or that it is now safe for you to return to your country, it could create problems for you. So you should be prepared to explain why you went back, how you kept yourself safe, and why your country is still dangerous for you to live in. Hopefully, they will not raise this issue, and in many cases, they do not, but it is better to be prepared just in case they ask. Take care, Jason
Thank you Jason, what about the EBT? Do you think will affect the status?
I do not know what EBT is, sorry.
It’s ok Jason, by the way EBT it’s food stamp very little amount helps from government just to buy food only
If you received asylum and then received food stamps, I doubt it would have any effect. Take care, Jason
Great, thank you and pray for us
Hello Jason,
I received my green card through asylum and having a US citizenship interview really soon. I was in DWI probation but not guilty which was 6 years ago. My question is , Is it safe to travel back to my home country once i get my US citizenship ? I heard they run the background check pretty strictly because of Trump orders and targeting specifically for the people who has a background.
thanks
ashwini
I have not heard about anyone having a problem under these circumstances. My guess is, it would only be a problem if the return trip causes the US government to think your original asylum case was a fraud. If you are not sure, talk to a lawyer about the specifics of your case before you go. Take care, Jason
Good morning,
I’m asylum granted on 2008 and applied for i485 on 2009, green card came later on 2012 for no reason or cause by my side,
I went back to my home country on 2016 last year for 52 days, I will apply for N400 next July 2017 it will be 5 years since the green card came.
My question should I be ok for the citizenship? I have only one thing on my record 2013 convicted for wet reckless BAC 0.09 and court terminated probation after one year which is means all fine done and clear.
Thank you so much and have a wonderful day
I am not sure whether the conviction will affect your case, as I would need to see it to know for sure. You may want to show the conviction record to a lawyer for some advice. As for the return trip, it could also be a problem. It depends in part on the facts of your asylum case, and on how aggressive the government might be about this. In general, we have not seen people get into trouble for such trips, but sometimes they do. Again, I recommend you talk to a lawyer about the specifics of the case to get a better idea about whether you face any risk. Take care, Jason
Thank you so much Jason
Hi ,I am from India.entered as a crew man in USA but did not join the ship.i have applied for asylum.my applications is still pending I have done fingerprints .mean while my visa has expired.now I am getting a good job in Dubai.can I go back to my home country so that I can l leave for Dubai.will I be stopped and deported because my visa has expired while leaving USA ?or I can leave just buying a ticket ?thank you so much :
If you want to leave the US and abandon your asylum case and not return here, you can simply leave. You may want to inform the asylum office that you are leaving and withdrawing your case. Maybe that would make it easier to return here legally in the future, if you ever want to do that. Take care, Jason
Hi! I’m in the US on a student visa with my husband (who has F-2 visa). I want to apply for asylum because our family has been and is currently persecuted by the government in our home country. My husband was dragged into the investigation (never charged with anything) and forced to become an informer against my father but managed to avoid it. We fear that if we go back they will drag us both into that mess and we won’t be able to return to the US. I believe our case is strong and I have tons of legal papers to back my alligations. Do you think we have a real shot at getting asylum and then permanent residency?
Thank you so much!
It is difficult to evaluate the case based on what you wrote, but you may have a strong case. It might be worthwhile to meet with a lawyer before you file, to get a thorough evaluation of the case. Then at least you will have a better idea about the chances for success. Take care, Jason
Hi
I came to us as a refugee. I would like to know if its possible to get green card less than 1 year.
Maybe, but not based on your refugee status. You might do it based on marriage to a US citizen, for example, or maybe there is some other way. Take care, Jason
Quick question.
Can a US Citizen who has a asylum case, travel back to his home country? Would there be any problems at immigration?
It is probably ok, but if you go back, and the return trip causes the US government to think your original cases was fake, it could create a problem for you. This is unlikely, but if you are concerned, talk to a lawyer about the specifics of your case before you travel. Take care, Jason
Hello I have a big question so my grandma came in asylum from Mexico due to its circumstances over there so she was here for about 9 months she had 2 courts and she needed to have a lawyer so she just left voluntary the judge didn’t make her sign anything and she is devasting cuz the had to leave to Mexico because she didn’t want to be deported or be in Mexico on how it’s circumstances over there right now can she re enter
If she got voluntary departure, she can try to re-enter based on a visa. I do not know all the facts, and she may be barred from returning – the lawyer (if she had a lawyer) should be able to tell you that. Even if she is barred, she can apply for a waiver to return. If she has adult US-citizen children, they can file for her to return based on a family petition. Also, if she has a spouse who is a US citizen, the spouse can file for her. Otherwise, she can try to come here as a tourist, student, worker, or any other way that people come here. I do think you should ask the old lawyer (or consult a new lawyer) about the specifics of the case to see what is the best way for her to return. Take care, Jason
Would it be possible if we talk to her ice agent or do they drop cases fast she didn’t wanna leave but she felt scared and pressure by immigration and circumstances over there are horrible she feels her life is threaten
I do not understand the question, sorry, Jason
Hello Jason.
I obtained my green card based on political asylum in 2012.I also renewed my NP in 2013. In October 2016 I had to go back to my home country to sell my apartment, they required my physical presence to sign paperwork. I applied for my citizenship and shortly will have an interview. Do you think they can deny my N-400 application? I am also married to US citizen( I do not know if it makes a difference)
Thank you!
I doubt they will deny you, but I suppose they could look into the return trip and this might be a problem. You should be prepared to explain why you went back and why you still have a fear of harm in your country. I think ultimately, you will be fine, but it is best to be prepared in case this issue comes up. Take care, Jason
Hello,
Thank you for the information. It has helped a lot.
I am confusing about the specific date when I need to apply for citizenship.
I got asylee in October 2012
I got GC in March 2014
When I need to apply for Citizenship?
What are your recomendation for the interview?
I have never been outside the US.
I got a speeding traffic ticket 2012 and I paid for that.
I was arrested by the police of my native country, and it was part of the argument of my asylum request. I need to inform it in the N-400 form?
I have been studying in US university, and I will graduate in the next year.
I am so grateful with this country, and want to be sure when is the correct day and way to apply.
Thank you very much for your time.
If you were arrested – even for a political reason – you need to mention that on your N-400 and explain it. As for when to apply,look on your green card. It says, Lawful Permanent Resident since – and then a date. You can apply 4 years and 9 months after that date. Take care, Jason
Please I would like to ask a question and have a short answer.
What would happen if applicants return to their home country?
There is no short answer, and it depends on the circumstances of the case. It is very likely that the return trip will cause the Asylum Office to deny the case, but it depends on the case. Take care, Jason
Hi Jason My mom got Gc 5 years ago and I came here with dependent visa.My visa category is As8.Now I want to go back to my country and marry my boyfriend.I asked my lawyer and he said I can go directly in my country because i am not principal asylee.But i am worried because of new rule by trump.What should I do?
It depends on the situation, but generally, dependents can return to the country without immigration problems in the US. However, if you are from a “banned” country, you will have to keep an eye on the news to see if there are any changes affecting you. Also, given that the Trump Administration will give greater scrutiny to immigrant and asylees, I do think it is better to be extra careful – that might mean meeting your boyfriend in a third country instead of going home, but maybe that is being overcautious (though I am not sure that you can be overcautious given all the executive orders being issued these days). Take care, Jason
hey jason
my asylum case was granted 9 months ago can i still apply for my greencard after 1 year or trump new rules change anything & can i travel with travel document any third country without greencard
You can file for your GC after one year with asylum. If you plan to travel, do not use your country’s passport. Get a Refugee Travel Document using form I-131, available at http://www.uscis.gov. Take care, Jason
hello
i have applied for a travel document before leaving the US, but the notice from the USCIS was returned by the post office without me knowing it. i went to see my dying grand ma who raised me, while my father travelled to seek asylum in US. he’s now an UScitizen. i, too got the asylee status after my father, and applied for my green card but its not available yet. im wondering, will i get a re entry permit easily?
The re-entry permit is not for people with asylum, you need the refugee travel document (at least as far as I know). Assuming you have not left the US and are still here, you can get the re-entry once you have the GC. Otherwise, you want the RTD. Take care, Jason
hi jason
whats a GC or RTD?
GC = Green Card. RTD = Refugee Travel Document. Take care, Jason
hi jason
my asylum case was granted 9 mouths ago still i can apply for my greencard after one year or trump new rules can effetct on that & without greencard can i travel any third country with travel document
thank u so much
Trump has had no effect on your ability to apply for a green card (with the possible exception that if you are from one of the 7 “banned” countries, there could be an effect, but at this point, that is not clear). Take care, Jason
HI JASON, I’M A DERIVATIVE ASYLEE AS7, I COME FROM DIFFERENT COUNRY FROM THE PRINCIPAL ASYLEE AS6, CAN I TRAVEL TO MY COUNTRY ( NOT COP) WITH US REFUGEE TRAVEL DOCUMENT ?
You should not have a problem traveling to your own country, as long as it is not the COP. Take care, Jason
I WANT TO FILE THE FORM I-131 FOR REFUGEE TRAVEL DOCUMENT .
AS A DERIVATIVE ASYLEE WHO WANT TO TRAVEL TO HES COUNTRY (NOT COP) DIFFERENT COUNTRY FROM THE PRINCIPAL ASYLEE HOW TO RESPOND FORM I- 131
PART 6 SECTION 2 ?
I can’t answer such specific questions, sorry. If you are not sure, it may be worthwhile to consult a lawyer about that. Take care, Jason
AS A DERIVATIVE ASYLEE COME FROM COUNTRY B, DIFFERENT COUNTRY FROM THE PRINCIPAL ASYLEE COME FROM COUNTRY A.
WHICH COUNTRY ARE YOU ASYLEE A OR B
The derivative does not have asylum from country B. If anything, he has asylum from country A (the country where the principal applicant fears persecution), but I am not even sure about that. I have not looked at the rules related to derivatives in this context and I am not even sure there are any such rules. Take care, Jason
Hi,
Great work. I have been outside US for 14 months now. I just came for couple of months but then the trip prolonged. what is the best way to ensure re entry in the US? I was in the US for almost four years before taking this trip?
Sorry, this blog is only for asylum issues. I suggest you talk to a lawyer for assistance with this. Take care, Jason
Hi jason,could you please help me?
I came to the U.S 4 years ago with turist visa and then i applied for asylee, since 2013 i got my green card, from then i went back to my country IRAN twic , last year i got married in Iran with the guy who is US citizen. I had a plan to go back to my country for short period to see my father but I don’t know is that safe for me to go or not?
I think these return trips but you at risk of having your case re-opened and losing your status, especially how since Iranians are a target of Trump’s executive orders (currently on hold). It would be better to meet your father in a third country, if possible. Otherwise, maybe talk to a lawyer before you travel again to think about ways to minimize the risk. Take care, Jason
Hi
I married with a usa citizen on 2010 and i enterd to usa as a 2 years green card before end of the 2 years i went back to my country got devorced and i married with another person after a while i went to the usa embassy and i abbondante my passport(the embassy asked me to do this because i applied for tourist vosa)i came to usa with my husband and he applied for asylee .Both of ushave green card since last year.I want to know can I apply for citizenship earlier because my green card number the same asbefore and based on my first green card i had that for more than 5 years .
You can only apply for citizenship after 3 years if you got your current GC based on marriage to a US citizen and you are still married to the same person. So I think you cannot apply early. Take care, Jason
Hi Jason,
I have recently arrived at US with my parents and 6 siblings from Eritrea. We came by tourist visa but we stayed and applied for asylum. We already did finger print and we are waiting for our work permit. Will the new immigration rules affect us, are we going to get deported.
The new rules should not affect you – you have a legal right to present your asylum case, and nothing that Trump has done has changed that situation. Take care, Jason
hi jason.. my question is that me and my family have the work permit with aslyum case …we didnt got interviewed yet… can us immigratiom deport us ?
You cannot be deported until you have a chance to present your asylum case. That is the law, and nothing has changed about that. Take care, Jason
Hi Jason,
My father is asylum granted and now he is working on the greencard. Last year ( Sept 2016 ) me and my mom come to USA from Indonesia and we get i-94. Probably by the end of this year my mother have to go back for a while to do some business.
Is it possible for her to do it? Because when we arrive the immigration told us we couldn’t leave the country before 1 year. By the time she go back to Indonesia, we are here for 1 year but we haven’t apply green card yet. Will it bring effect to my mom’s greencard application next?
If your mother has asylum and wants to travel, she needs a Refugee Travel Document (form I-131, available at http://www.uscis.gov). If she goes back to the country of persecution, it could create problems for her. I recommend that she talks to a lawyer before making the trip, in order to determine whether it will cause problems and whether there is anything she can do to protect herself. Take care, Jason
Hi Jason
Next month I will apply to citizenship and my green card is through asylum
I never visited my home country and I never traveled outside the United States but I renewed my national passport 4 years ago in my country embassy here in the us
Is that hurt my chances to become us citizen?
Thank you Jason
I doubt that will be a problem. If your case was based on fear of your home government, though, USCIS could ask you why you renewed your passport, or how you were able to, given that the government is persecuting you. You should be prepared to answer such questions in case they come up. Take care, Jason
Hi Jason,
I am a naturalized U.S citizen since 2011. I got my citizenship through grant of asylum because of religious persecution in India. I never went back to India until I got my U.S citizenship in 2011. I visited almost every year for about a month to visit my aging sick father since 2011 after citizenship. The situation in home country have changed a lot and I don’t fear persecution anymore. I would like to visit again next month for 3 weeks. Will I be questioned by immigration officer on why I am visiting my home country very frequently especially now with Trump’s travel ban and all that, will it affect me?
Probably you are safe now that you are a citizen. The only way to cause trouble for you is if your return trips convince the government that your original asylum case was a fraud. I have never seen the government reopen a citizenship case under these circumstances unless the person is also a criminal or terrorist, but I suppose it is possible in theory. In this case, I think the Trump Administration will be very busy deporting lots of people, so probably they would not have time to get around to you. Take care, Jason
Hi Jason,
My father sought asylum and has a green card recently. My mother and I are both American citizens. We are currently planning to go back to China for a brief 3 week visit (family, wedding, etc). Would there be any problems that would prevent my father from coming back into the country.
Hi Jason, In addition, what would my father have to do to prevent any potential problems? Travel documents, etc. He went to China 4-5 years ago with only his green card and he was perfectly fine. Any help is appreciated. Thanks!
Even if he went before, it does not mean that there is no risk. There is a risk, and ICE may be more aggressive about such cases now (under Trump) than before. I do not know how best to minimize this risk. If he travels to China for a wedding, it does not seem to me a very good reason for the travel, given his fear of persecution. Maybe if he was traveling to see a sick relative or for some other emergency, that would be a better excuse, but again, talk to a lawyer before he goes, to discuss the specifics of his situation. Take care, Jason
If he has a GC through asylum and he returns to his home country, he could lose his green card. It is much safer for him not to go. I recommend that if he plans to go anyway, he talk to a lawyer before he goes in order to try to minimize the risk. Take care, Jason
Hi,dear Jason：
I have a green card what is type AS6.
I have been arrested in Canada,Because of insufficient evidence, the prosecutor withdrew all criminal charges. I do not have a criminal record in Canada. I want to know, can I apply to become a US citizen?
Thank you so much
If you are otherwise eligible to become a citizen, I do not see how the arrest you describe will block you. You will have to tell USCIS that you were arrested (since the US and Canada share information, the US government may know about the arrest anyway) and get a copy of the criminal disposition from Canada. Take care, Jason
Jason,
I obtained my green card through asylum. I have been married to a U.S. citizen for over 10 years. Can I apply for my citizenship through marriage?
I do not see that it would make any difference – you should be eligible for citizenship since you had a GC for 10 years. Whether you are married or not is not relevant. You might want to talk to a lawyer to be sure you are eligible for citizenship, as some people are not (if they spent too much time outside the US or have criminal convictions, for example). Take care, Jason
I’ve only had my green card for 3 years (all of them in the U.S.). I just wanted to make sure I could apply for my citizenship through marriage regardless of how I obtained my permanent residency. Thank you.
If you got your GC from marrying a US citizen, you can file for your citizenship 3 years after you got the GC. If you got the GC any other way, you need to wait 5 years from the date on your GC before you file for citizenship. Take care, Jason
Hi Jason !!
I got my green card in base of asylum,now I want to go to Afghanistan and marry someone ,what is ur advice for and what is ur alternative solution for me.
With regards
I think I already applied to your email, but you risk losing your green card if you return to your home country. It is far safer to meet in a third country and get married there. Take care, Jason
Hello Jason
I was granted asylum and get my GC Nov 2016. My country is in the 7 countries list. Unfortunately, my mom is sick and my father is not in a good health either. I haven’t met them for 4 years, knowing that getting a tourist visa for them is impossible now and they’re not in a good health condition to fly for 18 hours, is it safe to go home for 3 weeks? Plus my asylum is based on religion which is something possible to hide from my home country’s government for 3 weeks. I’m so desperate to go home for a short trip. Please advise me. Much appreciate your help.
I suggest you talk to a lawyer before you go. We have had clients return to the home country for short trips for reasons like you describe. It could cause problems for you with US immigration, and so you want to try to minimize the risk: Keep the trip short, keep a “low profile” while there, keep evidence of the reason you returned home (medical records). All this does not guarantee that you will not have a problem with US immigration, but it can help. Take care, Jason
Hello Jason,
I was granted Special Juvenile immigrant status in 2012 and I visited my home country (pakistan) that same year to attend a wedding and see my ailing uncle. That was the only time I went outside of US for any reason. Now I am filing for my us citizenship and I wanted to know how I should prepare myself for the interview and whether uscis will ask me about my trip back in 2012.
I can only assist with asylum cases here, and I do not know much about SIJ cases. I recommend you talk to a lawyer about these questions so you can be prepared for anything that comes up during the naturalization process. Take care, Jason
Hi Jason I have as6 greencard and I am planning to marry my boyfriend after 6 months but due to this travel ban I am really worried to travel.Can I go directly to my country and marry him or should I marry in third country?Will i be deported if I travel to third country also? Please help
Thank you
Hi there, i had the same situation this year so i will tell
You how it went , unfortunately i cannot tel
Who i am nor what country is my origin and claiming asylum , but i am a green card holder based on asylum,this past year inoctober 2016 i went back to neighbouring country (since i cannot go back to my country and get killed) so,it is your best interes to get marry in neighbouring country because when immigration officer takes a look your case and sees your green card based on asyluum and determines that you went to your country and married there may cause you problems in the future,i would say do it my way,first off start searching your neighbouring or the country where you and your boyfriend can travel and call the consular service or that countrys embassy in the us to ask if 2 FOREIGN NATIONALS can get marry in that country,if they say YES, then start planning, second be prepare to get ALLL I MEAN ALL DOCUMENTS,passpoets, birth certificates, picutres and any other type of documents in advance because i hd enormous headche i wasnt prepares and i say at least give timeframe 2 weeks to be prepared in order to get marry in a 3rd neutral country because if u try earlier trust me
You are going to have a big headche and you wil not be able to finish your procedure while you are there with your boyfriend so please be prepared, when you guys marry dont forget to take aloottttt of pictures save converstaions from facebook text messaging etc in order to when you come back to put in the file for Pettition for related alien, get marriage certificate and good luck,depending your country when yu file pettition alien your husband wil be in the us within 2 years most i say so congradulations from
Now hope everything goes well
If you got your green card based on asylum, you should not travel to your home country, as you risk losing your green card. You can go to a third country, but you should travel using the Refugee Travel Document (form I-131, available at http://www.uscis.gov), not your passport. If you are from one of the banned countries, it is probably better not to leave the US at all, even though courts have blocked those orders, at least for now. Take care, Jason
Hi ,
my transit visa has expired and my asylum application is pending.now I decide to leave USA.can I return to home country with a expired visa without any problems at airport?
Thank you.
You should be able to leave the US and go wherever you want, but unless you get advance permission to return here, you will not be able to come back unless you get a new visa. Also, if you plan to leave and abandoned your asylum case, you may want to tell the asylum office. This might make it easier to return to the US in the future, if you want to return some day. You can find the asylum office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
How have you been? I just received a finger print/biometric notice letter in the mail today but it shows that my finger print appointment was 1/24/2017. That means I missed it. And on the notice it says that once you missed your appointment, that means you abandoned your case. Please I need your advice, What should I do in this case???
Thanks a lot. I look forward to your advise.
Felix
Unfortunately, this sometimes happens. Just go to the biometrics office with the letter and your ID (passport). They should take your fingerprints. Also, keep the mailing envelope, which may show that it as delivered late. We have had many clients go to these appointments late without any trouble, though the rules have been changing regarding biometrics, so I am not 100% sure they will take your fingerprints. If not, ask for a supervisor, and if they still will not, contact your local asylum office and explain the problem. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason,
This morning I went to the biometric office and explained how I got my biometric notice later than my appointment date and they accepted and I took my fingerprint. Once again thanks a lot Jason for always answering our questions here, we appreciate it.
I am glad to hear it, as there have been changes to how they do biometrics recently, and I was not sure about how they would deal with a situation like yours. Take care, Jason
Hello . My girlfriend is from Colombia . She was granted asylum I’m early 2000 and has a green card since ( she came with her family and they were all granted asylum). She wants to go back and visit her family. Would it be safe for her to go?? She can apply for citizenship now but still my question stands.
If she returns to her country, she risks losing her immigration status in the US, even if she has a green card. Once she is a US citizen, the risk is much less (she should only have trouble if the US government decides that her original asylum application was fraudulent). If she has a good reason to return (sick family member for example), and she keeps the trip short, she may have less risk of trouble, but there is no guarantee. I recommend that, if she decides to travel, she talk to a lawyer first about the specifics of her case and how she can minimize the risk. Take care, Jason
Glad I found your website, amazing information. I’m originally from Paraguay, I was granted asylum and two weeks ago got my green card. I want to go to Spain to visit my sister, I haven’t see her in 15 years, my question is, can I travel to Spain with my Paraguayan passport plus green card? Spain required a passport from the country of origin.
Thank you in advance
It would be better to use a Refugee Travel Document, but you can travel with the passport. If so, the US government may question you about why you used the passport. It is not very likely, but it is possible that using the passport will cause problems for you with the US government, even if you do not go to your country. Given the Trump Administration’s hard line, it may be better to be cautious and not travel, but I guess if you know there is some risk, you can make a decision. Take care, Jason
Hi I am pakistani national and got USA visit visa refusal in dec 2016.My boyfriend is in USA.He is on asylum and cant get out from there untill he gets his PR.he may get his pr card later buy August/September.Should we get marry by visiting any other country and than he should apply for my visit in USA as wife? We both love each other like crazy and want to get married asap.What is the best way so we could be together soon.? Please guide.
You could meet and marry in a third country, and once he has his green card, he can file for you. He should travel using a Refugee Travel Document (form I-131, available at http://www.uscis.gov), and not his passport. There is a waiting period of maybe 1.5 years for a green card holder to file for his spouse, but then you should be able to move here after that. Take care, Jason
Hello. Can person who is already in USA and from Moldova apply for Asylum? Thank you
Yes – Feel free to email me at Jdzubow@Dzubowlaw.com. Take care, Jason
Hello Jason,
I have a friend who has was granted political asylum (has not applied for the green card yet however)
Knowing he can not go back to his home country without risk, he found out his grand parents are gravely ill. It drove him insane to the point that he was taken by police and submitted to a psych ward for his developing stress, paranoia, and anxiety.
I was wondering if its possible for him to still visit his home country as he really wants to go back to see his grandparents before anything happens to them and for his mental condition to somewhat lessen. He still wants to stay in the U.S, however he at this point doesn’t know what to do.
Thank you!
If he goes back, he risks losing his asylum status once he returns here. Maybe if he has evidence of his mental health issues and his grandparents’ health issues, and if he makes his trip short, he will not lose his status, but he might. It would be far better if he could meet them in a third country, then there is no risk. Take care, Jason
hello Jason, i am asylee and in USA since 2010 i brought in my family in 2012 after i won asylum and now they have green card and i just got my citizenship.my dad is 85 and we miss each other a lot..he tried to come see us on visit visa from Pakistan but he couldn’t get visa.. anyway now he is very sick and we want to visit him for short time ..please advice if i am good to go on my citizen and my family can go with me on green card?
You should be ok, unless the trip causes the US government to think your asylum application was fraudulent. I think this is not very likely at all, and I have not heard about it happening accept maybe in cases where the person has other issues (like, he is a war criminal). As for your family, they may have some risk since they still have GCs, especially these days where things are less predictable. I recommend they talk to a lawyer before making the trip. Also, of course, if you father could meet you in a third country, that would be better, but it sounds like that may not be possible. Take care, Jason
Hello Jason,
My name is Lisa. I was granted asylum in September 2011, as the wife of an asylee. We became permanent residents in February 2012 and later got divorced in January 2015.
I am now in the process of becoming a US citizen. Since my ex-husband and I are no longer married, can I travel to my home country for 2 months after becoming a citizen? Can I explain at the border on the way back, that my ex-husband is the one who had a threat in our country?
Thank you for your time.
I think you probably could do that without difficulties, but I am not sure. It might be worthwhile to consult with a lawyer before you go, especially since the rules have been changing a bit under Trump, and you have to be extra careful. Once you are a citizen, it should be safe to travel, but while you have a green card, you need to be cautious. Take care, Jason
Thank you very much!
Hi I received my asylum from my mother who filed for us and now I have a green card is it safe to go back to my country
You should talk to a lawyer before you go, as it could affect your status if you return to your home country. This is generally less of a problem for dependent asylees than for the principal applicant, but it is better to be safe and check with a lawyer. Also, if you are from a country affected by the recent orders on immigration from the president, that could also affect you, and you should know about that before you travel. Take care, Jason
Hi, My husband was granted asylum on 2013, He has green card , can he go back to home country for one month—-China ,with me and our son, I’m a citizen. Thank you.
Even with a green card, if he returns to the country, he risks losing his status. If he must return, I recommend he talks to a lawyer before he goes in order to minimize the risk of losing status upon his return. Once he is a US citizen, this should be much less of a problem, though he still might want to talk to a lawyer before he goes just to be on the safe side. Take care, Jason
Hi,
I’ve applied for asylum, then adjusted to permanent resident, then obtained my Citizenship. I’m currently in the Marine Corps, and have both a US passport, and the other country one. My question is, can i go back to my country of origin for my brother’s wedding for 2 weeks? If i can, would it be safe use my US passport when i arrive over there or my other passport? at last, what are the possible issues i could run into once back here, thanks.
My guess is that as a US citizen, you will be ok, but the president’s orders are vaguer, and it is difficult to know how they will be implemented. Typically, US citizens are safe, but if the US government believes you obtained your asylum by fraud, then you could have a problem (for example, if the return trip makes them believe your original asylum case was fake). If you are concerned, maybe talk to a lawyer about the specifics of your situation. Take care, Jason
Hi! In 2013, i came into the U.S through mexico country and i applied for asylum at the border, then after i was parole into the U.S but while waiting for my court hearing date before judge because i was in removal proceedings, i met my wife in 2014 then after we got married and i was able to adjust my status through her since she’s American citizen, later on i was granted Green Card in 2016 after we have been interviewed and they confirmed that our marriage is bonafide plus we have a son together, now my removal proceedings has been cancelled and i want to apply for refugee travel document so i can travel to my home country for a short visit because i still have all of my families there……Attorney Jason please advice, should i apply for this travel document and won’t it stop me from re-entering the U.S and stop me from getting my citizenship?
If you do not have asylum, you cannot apply for a RTD. It sounds like you got your status based on marriage, not based on asylum. If you received asylum from Mexico, it is generally a bad idea to travel there. You could lose your status in the US if you return to Mexico. If you applied for asylum, but got your GC through marriage, there is probably less risk, but the US government might accuse you of asylum fraud if you travel back to Mexico. I recommend you talk to a lawyer about the specifics of your situation before you travel. The lawyer can evaluate the risk and help you make the best decision. Take care, Jason
hi…
i was granted asylum in april 2014 and now i am a green card holder .I want to get married to a girl from my home country . How can i do that as i understand i can’t go to my home country .can i get married to that girl in some other country and file immigration papers on that behalf.Thanks
You can meet her in a third country and get married there (or if she can get a visa, she can come here and marry you). There is a waiting period when people with green cards file for their spouse. It takes about 1.5 years (Google “DOS visa bulletin” and you will see the waiting time). If you go to your home country, you risk losing your green card, so it is better to avoid that. Take care, Jason
Hi there . I am refugee in uk and I am gay I can go visite my county and then I back in the uk ? Many thanks
I am in the US and have no idea about UK law; you should talk to an attorney in the UK. Take care, Jason
Will “arrest” be the reason why I can not apply for citizenship?
Even though the Canadian court has dismissed the charges against me, I have no criminal record in Canada and the United States, but I have a record of arrest in Canada.
Thank you.
I doubt it will block you, but you have to tell USCIS about it and give them documents to show it was dismissed. It probably would not hurt to have a lawyer look at this as well, just to be on the safe side. Take care, Jason
Hi. I was granted asylum on August 24, 2015. I filed for my Green card for myself and 3 children last month because we had to wait a year to qualify then i had to save the money for the Immigration physical. The reason Im writing is because I wanted to take my children back home for summer, atleast 2 weeks. By then we should all have our green card. Is It risky? because if it is i would rather not take the chance. We have been in America going on 5 years, and my children are young and miss home. My father is always sick and I want to visit him. I tried getting him a visitors visa to visit here and sent all my asylum papers for them to see i couldnt come but they denied him. Please advice me on what you think I should do. I am from Belize, would it be safer if I go to Mexico and have him come there to spend time with us?
If you go back to your home country, you risk losing your asylum status. I have seen that happen to people, and there is a risk. You are far better off going to Mexico and letting your father come meet you there, if possible. If you have to return, you should keep the trip short and save evidence that you are going to visit your father because he is ill, but even with that evidence, you take a risk. Take care, Jason
Hi Jason can you help me, i have couple quetions.
First, my imigration status is PD from asylum, is it posible i travel aboard for vacation to third country? Second, can i visit my country then cameback to us? thanks
With PD, if you leave, I believe it is considered a deportation (since you still have a deportation case against you in court). So I think you cannot travel outside the US at all. I am not 100% sure about that, so maybe you want to consult a lawyer to see if there is any way to travel and return, but I doubt that is possible. Take care, Jason