“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.
Can you tell me Am I losing passport of my country if I get asylum in USA. Or is there any case I can lose passport if I get American via asylum? Thank you!
You do not lose your passport by filing (or winning) asylum in the US. But returning to your country can be a problem for your immigration status, as discussed in the above article. Take care, Jason
hi,
if someone got a saylum for example from the UK and then decide to go Canada and stay there instead of the UK, is it eligible or not?
You would need to immigrate to Canada. You would probably not be able to seek asylum there since you have status in the UK – but talk to a lawyer in Canada about that; I am in the US. Take care, Jason
Hi Jason
I applied for my asylum in 2014 and I just got called for the interview this year.However as a gay man,I got married to my partner that I met 2 years ago.We decided to petition for my green card,however if granted for asylum can I cancel it within one year if being an asylee?Does it take time to do that?hen got married after 3years of waiting to be called for asylum and now i have petitioned for my green card with my partner.
If your partner is a US citizen and you are otherwise eligible, you can get your GC through marriage or you can do your asylum case. Or you can do both. It is really up to you. Generally, if you have your GC already based on the marriage, you can cancel the asylum case if you want (or, if you need the Refugee Travel Document, you may want to do the asylum case too – it’s up to you). Take care, Jason
Hi jason i have asylum pending case right now and i have girlfriend who is in abroad can i go 3 rd county and get marry with her ? and after can we come us again or how it s possible how can she come us with me ? thank you
If you want to leave the US and return, you probably need Advance Parole, form I-131, available at http://www.uscis.gov. You can go overseas, marry her, and then return (using AP). If she wants to come here, she needs her own visa; you marrying her will not help. In fact, if she is seeking a tourist (B) visa and her spouse is an asylum seeker, it will make it more difficult for her to get a tourist visa, since the embassy will think she is coming to stay permanently, and is not a tourist. If you win your case, you can bring her to the US if she is not already here, and if you are legally married before your case is granted. Take care, Jason
I am naturizlied US citizen who is derivative asylee been in US for 16 years. I recently learned my mother is very sick. Could I face issues with immigration when returning to US?
It is highly unlikely that you would have any problem. It would only be an issue if the trip caused the US government to believe that your original case was fake. It seems you have a good reason to go back, and so I highly doubt you will have trouble, but if you are worried, talk to a lawyer about the specifics of the situation before you travel. Take care, Jason
Hi, we won asylum last year and after that I applied for an RTD for my wife. She received it today. I’m the primary for the asylum and she is a derivative. She was thinking if she can go and visit her parents for a week. She will not go on the asylum country but somewhere else.
Is it going to effect her return in the US and is it going to effect our case?
Thank you very much for your time.
If she is not going to the country of persecution and she travels with the RTD, she should be fine and there should be no effect on your (or her) case. Take care, Jason
i a a christian man from arabic country , and i am an asylee ( has green card)( i went back to my country two times for my mother sickness and get back with no problem) but now i want to go back to my home country for marriage , can i do that or they terminate my case , and come back to apply for spouse visa ?
Each time you return, you create a risk of trouble from USCIS. This can happen when you re-enter; it can also happen when you apply for US citizenship. At the minimum, keep evidence for these trips (mother’s medical records, evidence about why the marriage could not take place somewhere else). It is better to get married in a third country, as that avoids the risk of a problem. Take care, Jason
Hi !
I m from india i have been granted refugee status in uk 6 months befor but i hv british born boyfriend and we are getting marry but he and his family want us to get marry back home will there be any problem for me to come back to uk
I am in the US; you need to ask a lawyer in the UK. Take care, Jason
hi
i filed my application for asylum based on political issue but still pending for 2 years and i have wife and little daughter , they can’t wait longer , so i think of canceling my case so i have some questions 1- is that possible ? 2-is that affect my daughter if she wants in the future to get her own visa ? is that affect my valid visa ?
You might try expediting your case – I wrote a blog post about that on March 30, 2017, if you are interested. Otherwise, you can withdraw your case and leave the US. Let the asylum office know that you are closing the case. You can email them. You can find their contact info if you follow the link at right called Asylum Office Locator. I think it is unlikely to affect your daughter in the future. The US government will know about your asylum case, but I doubt it will affect her, especially if you cancel the case (if you do not cancel the case, eventually, you will have a deportation order against you – I also doubt that would affect your daughter, but maybe it would). Take care, Jason
Hello,
I received my green card through my mom who is an asylee. My fiance and I have been together 6 years and want to get married in my home country since his parents can’t travel else where. Would you consider this enough of a reason for my mom to visit our home country and attend the wedding? She would, of course, keep a low profile and only go for 10 days or so.
Thank you
My guess is that your mother is no longer an asylee. Either she has a GC or is a US citizen. If she is a citizen, she is probably fine, especially if the trip is short and she did not fear her home government (but rather, feared a terrorist group in her country). If she has a GC, she should keep the trip as short as possible, but she still faces some risk of a problem with USCIS if she returns to her country. If she goes, she should gather some evidence of the trip (wedding photos, letters from the family explaining why the wedding had to be in that country) and then she will have that if there is a problem for her later on (the letters can be sent later, as she should not carry them with her on her return trip – it will look suspicious if she is searched). Take care, Jason
Thank you for your timely response Jason. My mother does have a green card, and she would most definitely keep the visit under a week or 10 days. I am a little lost as to the part about the letters. Why would it look suspicious if she has letters on her explaining her visit if she was to be searched?
If she carries such letters with her, and US Customs searches her at the airport, they might view such letters as suspicious. And it might raise more questions. In any case, she does not need the letters unless she has trouble, and she can get them later if needed. Take care, Jason
Hi
i am green card holder through asylum. The after i got my green card in two years i extended my expired national passport through an embassy for two years to use it to get married in Germany (it is one of the requirement for international marriage in Germany), i never used it for traveling and i never went back to my home country, and it is expired now, i used only USCIS refugee travel document for traveling. will this passport extension impact my application for naturalization?
Thanks
I think it is veer unlikely to affect your naturalization. However, keep evidence for why you needed to renew (so you could marry in Germany – maybe a copy of the German law about this), in case you are asked about it. Take care, Jason
Thanks a lot for the quick response.
Hi Jason… thanks so much for your dedicated work all the time. I have several questions for you. My husband is an asylee from one of the Middle Eastern countries, and I am a derivative asylee from a different country where there is no problem. I want to go back to my home country for 3 months to see my family. I applied for RTD about 4 months ago, but haven’t received it yet. Can you please tell me if it is a problem if I travel to my home country for 3 months? How long can I travel? Also, based on your experience, how long does it take for USCIS to issue a RTD recently? Thanks so much for your help in advance!
It is probably not a problem, as your country is safe and you are a derivative, not a principal. I do not think the length of travel much matters. The RTD can take as short as 1.5 months, but it can also take much longer (maybe 6 months is a good guess). It is not very predictable. By the way, if your husband goes with you to your country, my answer might be different because the US government might believe that he has an offer to live permanently in your country, which could affect his asylum status. Take care, Jason
Thank you so much for your reply, Jason. This time I’ll go by myself. However, my husband wants to go to my country for a very short visit in the future. Of course he will get a RTD but the thing is his passport expired and he can’t renew it because he has a problem with the government. So he will always use a RTD. Is this a good reason for not being able to move to my country?
I do not think he needs a reason not to move to your country. He is not a resident there, and as long as he does not become a resident, he can keep his asylum status. The problem might arise if USCIS thinks he is a resident. Once he has a green card, this should be less of a problem, so he should apply for that as soon as he can. Take care, Jason
Thank you so much for your valuable infotmation, Jason. You are amazing. God bless you.
Hi!
I went to Canada back in 2011 and applied for asylum and lived there for 10 months and told them the reason why I was going back and they handed me over the passport and I fled back to my home country. Now can I go back to canada with my family?
I am in the US; you need to ask a Canadian lawyer about this. Take care, Jason
I apply usa visa 2004 and i ger USA visa i spend 4 year USA. that period i marry one Irish girl after few month i Dovorce.
After that i apply Asylum ,and i meet on eanother girl i marrie dagain . and 2009 i come back my home country .
Now i again want to apply and my Second wife full support me. please guide me Which visa i need again.
I do not understand the question, but it sounds like you are married to a US citizen who will sponsor you, and that you are in your home country. She and you should talk to a lawyer about this to make sure your asylum case does not affect your marriage case. If it is ok, the first step will be for her to file the I-130 form, available at http://www.uscis.gov. Take care, Jason
Hi, Jason.I renewed my national passport through an agent before the interview. Last months I took the interview and approved. My question is, will it be a problem for applying my green card, because I renewed my passsport?
Probably not, though if you are afraid of your government (rather than a terrorist group), I suppose they could ask you why you renewed the passport. You should be prepared to explain why you renewed it, just in case. Take care, Jason
thanks for remind me that, jason.
hello,
Can the citizen children claim for their asylee parents? So that they can go back to their country?
A US-citizen child who is over 21 years old can petition a parent, and the parent – if eligible – can get a GC. The parent could then travel back to the home country on the GC. I think this is pretty safe, but if the situation causes the US government to think that the original asylum case was a fraud, then that could be a problem. Take care, Jason
Hello sir. Thanks for your guidance for people like us. we (me & my wife) have Green card based on religious asylum. We are co-founder of a 501(c)(3) nonprofit registered in IL state in Feb 2016. We have been working on executive position with the same Nonprofit in our home country for 8 yrs.
My question is can we change Green card category from Asylum to “Multi national managers” in order to avoid strings attached with asylum green card ? Thanks in advance
I replied to this; if you did not see it, let me know. Thank you, Jason
Hi Jason. Thanks for your guidance for people like us. we (me & my wife) have Green card based on religious asylum. We are co-founder of a 501(c)(3) nonprofit registered in IL state in Feb 2016. We have been working on executive position with the same Nonprofit in our home country for 8 yrs.
My question is can we change Green card category from Asylum to “Multi national managers” in order to avoid strings attached with asylum green card ? Thanks in advance
I doubt you can do that. You already have a GC, so I am not sure how you can apply for a new GC. Maybe it is possible, but you would have to consult with a lawyer about that. Once you get your US citizenship, most (maybe all) of the strings attached to an asylum-based green card are eliminated. That is probably your more realistic path. Take care, Jason
Can we change our assylum category into H1 type as I have told you that my assylum is approved but still we are alien
I think you would need to cancel the asylum somehow, and change to an H1b visa. I do not know how that would work, though, and I think you need to talk to a lawyer about how you would proceed, so there are no mistakes (you certainly do not want to end up canceling asylum and then not receiving the H1b!). Take care, Jason
Thanks a lot Jason for always being very helpful. So you are saying that first we have to cancel out assylum category then we can change into H1b right! And moreover please tell me after having H1b category we can go to our home country anytime or would there be any restrictions
Thanks
I am not saying that – I think you need to talk to a lawyer about the specifics of your case before you make any decision, as changing to H1b may not work, and that depends on many factors, which I cannot analyze here. If it works, and if you change to H1b, you should be able to return to your country. However, if the return trip causes the US government to believe that the original asylum case was fraudulent, then you could have problems. Take care, Jason
Oh ok thanks dear
Thank you sir for ur valued reply
Dear Sir,
I had applied for the asylum in USA last year However, due to some reason I had withdrawn my asylum case and came back to my home country. During my asylum process my 5 years B1 B2 visa also get expire and I stayed there for extra days without visa as my case was field for asylum. Now I need to travel to USA with my husband and I need to reapply for the B1 B2 visa. is it passible that I can get the USA visa again considering my above situation.
thanks in advance for your kind support in this reagrds
thanks
Amna
I think it is possible, but I think the fact that you previously applied for asylum and then returned to your country will make it difficult. At the minimum, you need to explain what happened. Why could you return home? Does that mean that your asylum application was false? Or if it was true, what changed so you could go home? How can you re-assure the embassy that you will return home now? You may want to talk to a lawyer in the US who specializes in non-immigrant visas, like the B visa (not me, as I do not do that). Maybe a lawyer could help make your application stronger. Take care, Jason
Hi,
I have GC, and I granted my asylee through my wife case. Is it possible for me to come back to my home country for 2 or 3 weeks?
You take some risk, especially if your wife’s case involved a claim that her whole family faced harm in the home country. If you were a dependent on your wife’s case, the risk is lower, but it is not zero. If you go back when you are a US citizen, it is safer, but if you must go back, it is a good idea to have some evidence of why you returned in case you are asked (for example, if you have a sick relative, get medical records). For the most part, people with green cards who were asylum dependents are safe, but if you have evidence for the reason of travel, you help to reduce the risk. If you are not sure, talk to a lawyer before you go about the specifics of the situation. Take care, Jason
Hi Jason,
I got my green card through my dad that he filled politic asylum. Can I go back to my country for getting marriage?
Usually it is ok for dependents to go back, but in my opinion, there is some risk to that, depending on your father’s case. For example, if he said that the government of your country wants to harm the whole family, and then you go back, that could be a problem. Maybe some other situations would be less of a problem, but I think there is always some risk. In truth, it is probably a small risk, but it is not zero. If you want to be absolutely safe, get married in a third country. Or you could wait until you are a US citizen and that should also make it less risky. Take care, Jason
I got my asylum granted ten years ago, and green card came late 4 years, so now it’s a time to apply for N400 by passing 5 years since GC date.
Last year I went back my country for ONE month to visit my dad because he was in the hospital, also I traveled by my home country passport because travel document takes up to 3 months and i couldn’t wait once I heard my dad having heart attack.
My asylum is religion not political .
What do you suggest Jason, should I get trouble or one month is Ok?
Any advice will be appreciated
You might get into trouble. You can talk to a lawyer about the specifics of the case and for his or her an opinion about whether you should file the N-400. If you do file, you should be prepared to explain why you went back, and you should have evidence about it (medical records and maybe other evidence of why you could safely be in the country for one month) in case you are asked about it. Take care, Jason
As a asylum applicant if I get advance parole approved .then how can I use it .do I need to get a visa for third country? can I use my national passport or advance parole simply replace the passport?
You need to get a visa to the country and travel with your passport. The only thing AP does is allow you to re-enter the US when you come back. Take care, Jason
hello,
This is Ray (name changed for identity purpose). I’m going through a hard phase where I am thinking about applying for asylum status in the US due to my sexual orientation. My home country (India) has criminalized homosexuality and I am unable to live the life of my choice without discrimination. Living day to day under this circumstance is excruciating and I want to seek asylum. Couple of questions: Do I never get to travel back home in case my parents fall sick, to bereave a relative or attend a marriage? Is it possible that my naturalization could get revoked if I travel to my home country ? please help
If you travel back while you have asylum status of a green card, you risk losing your status in the US. I believe the article above discusses some ideas to minimize that risk, but it is still a risk. Once you are a citizen, I think the risk is not zero, but it is very small and you can probably go back for a visit without any worry. Take care, Jason
Hi thank you very much for your support.my case is pending with asylum office.my visa has expired and waiting for decision. but now I need to go back home country or third country badly .is it possible to get advance parole.is advance parole is used with national passport?
You can get AP if you have a “humanitarian” reason for the travel. It is form I-131, available at http://www.uscis.gov. If you travel to your home country, it is very likely to cause your asylum case to be denied. If you travel to a third country, that is usually fine, but the asylum officer may ask you to explain why you traveled on your country’s passport if you fear persecution from that country. Usually, this is explainable, but it depends on the facts of your case. Talk to a lawyer about the specifics if you are concerned about that. Take care, Jason
My asylum is aproved and in the process. Still i am ailian I want to go back to my home country because my mom is not getting vidit visa to meet us . She applied thrice but in vain. I am desperately want to meet her. Please guide me in thisregard
Thanks
You can go back, but you risk losing your asylum status if you do. Maybe you can meet your mother in a third country. Or at least wait until you have a green card, and try to make the trip home as short as possible. This does not eliminate your risk, but it reduces it. Take care, Jason
Thanks for your reply I want to know can I go to third country so I could meet my mom?
If you have an asylum case pending and you want to travel, use Advance Parole. If you have asylum, get a refugee travel document. Both documents can be applied for using form I-131, available at http://www.uscis.gov. Take care, Jason
Thanks a lot for your guidance
It seems very risky if I visit any third country!
Is it possible that I can sponsor my mom so she could visit and meet me?
If your mother can get a visa, she can come to the US to see you. It is just not easy to get a visa. Maybe talk to a lawyer who helps with non-immigrant visas and you can get some help making her application for a visa as strong as possible. Take care, Jason
i got a green card throug my father asylums, can i go back my country and comeback?
Probably it is ok, but if your travel causes the government to think that his case was fraudulent, then it could create problems. If you are concerned about that, talk to a lawyer about the specifics of the situation before you go. Take care, Jason
Hi Jason, Can I Visit my home country while my Aslym case is pending? Its a gay Aslym and being a gay is criminal offence in my home country. But visiting my family or visiting my country won’t be any problem at that point unless I live there as a gay person. What do you think?
I think it would very likely cause your asylum case to be denied, or at the minimum, it would require a very good explanation from you about why you left a safe country (the US) and traveled back to a country where you claim that you will be harmed. It would be better for your case if you could visit your family in a third country. Take care, Jason
Hello ,
Does my foreign country knows how i got my green cart when i granted asylum
Does US inform the my foreign country for their residents
Thank you
Hello ,
I granted asylum and i would like to ask does my foreign county knows that i make asylum Does US inform my country about me and how i got my Green Card
The US government does not inform your country about your asylum or GC. However, your GC has a code on it, and if a person knows what the codes mean, they will know that you got the GC based on asylum (you can Google the codes and find this information). Take care, Jason
Hello Jason. I would like to ask your opinion on my case. I granted asylum 6/7/12. After one year I was able to apply green card but I wanted to apply it cheap that cost me 10 monts to proof free insurance etc. anyway the receipt date on green card paper(gold color) is 6/30/14 and permanent resident date on green card is 11/18/13. Question is when do I able to apply citizenship thanks
Hi u will be eligible to apply N400 exactly after five years of issue date of green card.
If I understand, the GC says you have been a lawful permanent resident since 11/18/13. In that case, you can apply for your citizenship on about 08/18/2018 (5 years after the date on the GC, plus you can mail the application 90 days early). Take care, Jason
hey
I’m a gay asylee who is still on pending asylum status
I have 3 questions :
1) what happens if I change my mind and want to be bisexual and marry a girl after I receive the green card who is non citizen too.
2) what happens if I change my mind and want to be bisexual and marry a girl after I receive the passport?
3) what’s the approximate date for first interview in new york? I’ve filed my asylum at december 2015.
1 – If it causes USCIS to think your original case was fake, it can create big problems (like being barred for life from any immigration benefit, including a GC through marriage). But if you have evidence that you are gay or bisexual, then it may be fine. We have done some cases like that and it has not been a problem. 2 – If you have your US passport, it probably will not matter who you marry, but the answer to #1 still applies. 3 – Check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
After 90 days i will get mywork permit but now i am in problem can i get shortly my work permit. How can 8 get my docotor.i don’t have. Insurance
I am not sure I understand the question, but I know of no way to get a work permit based on asylum before the 150 day waiting period. If you need assistance with medical care, you might want to reach out for advice to a local non-profit, like Catholic Charities – they may be able to point you in the right direction. Take care, Jason
I’m a As8 type holder. I’ve been reading and it looks like it is not a problem for As8 green card holders. Is it right?
Also, my passport expired, I was told that I have to renew it. I have to send it to my country’s embassy here in San Francisco to get it renewed. Would this be a problem if I don’t renew my passport?
I do not know what you mean by As8. Any person with asylum – even a dependent – who returns to the home country potentially runs into problems with USCIS. Maybe not, but it is possible. Even renewing the passport can be a problem, especially where you (or the principal applicant) won asylum due to fear of the home government. I doubt it would cause you to lose your asylum status, but it could create difficulties and it is worthwhile to be cautious. Talk to a lawyer about the specifics of your case before you renew, if you want to be extra safe. Take care, Jason
Dear Jason, 2 questions:
1/ does the US immigration have information about people deported from Canada?
2/ when applying for asylum in the USA, do applicants have their passports seized ?
Thank you.
1 – I think they do. 2 – Normally, they do not. Take care, Jason
Hi Jason,I have been accepted as refugee in Hong Kong and Hong Kong is not a signitry country that allows refugee to settle.so after I was accepted as a refugee and being in pending waiting to be resettle in a third country and while in the period of waiting for my resettlement I later got a married with Hong Kong citizen.i was given a Hong Kong resident status and a Hong Kong identity card that needs to be renewed untill 7 year to get permanent while I can work and travel within the 7 years waiting for Hong Kong permanent as long my married is valid. Since I have never cancel my refugee status while I was married and got the Hong Kong resident but now my wife has separated with me am waiting to sign a divorce soon and my Hong Kong resident ID is valid until 2019 ,am thinking of getting a tourist visa to travel to Canada or UK or Australia or in the US to tender my reconise refugee certificate since is very easy for me to secure any visa to a country as long my HK resident until is valid until 2019.What should I do sir please reach me in my email langtombong@gmail.com thanks
Hi Jason,I have been accepted as refugee in Hong Kong and Hong Kong is not a signitry country that allows refugee to settle.so after I was accepted as a refugee and being in pending waiting to be resettle in a third country and while in the period of waiting for my resettlement I later got a married with Hong Kong citizen.i was given a Hong Kong resident status and a Hong Kong identity card that needs to be renewed untill 7 year to get permanent while I can work and travel within the 7 years waiting for Hong Kong permanent as long my married is valid. Since I have never cancel my refugee status while I was married and got the Hong Kong resident but now my wife has separated with me am waiting to sign a divorce soon and my Hong Kong resident ID is valid until 2019 ,am thinking of running away to Canada or UK or Australia to tender my refugee certificate since is very easy for me to secure any visa to country as long my HK resident until 2019.What should I do sir please reach me in my email langtombong@gmail.com
I am in the US, and I cannot assist with cases involving other countries You need to talk to a lawyer in whatever country you plan to go to. Take care, Jason
mrs jason , im refugee claim in canada,my hearing postponed till futher notice,,my son sick but he not live in my home country ,,can i travel and come back for specific period?u taiking about AP what this mean?
i have lawyer but not help me,,can help me?thanks
my contact 6479961937
I am a lawyer in the US and I cannot assist cases in Canada. If your lawyer is not helping, maybe try to find another lawyer in Canada. Take care, Jason
Hi jason , can i change my case or withdraw while my asylum case is pending , for ex if i get marry with my gf . thank you a lot
If you get married, you can add your wife to the case, or if you want to withdraw your case and get a green card based on the marriage, you can do that too. In the latter case, I recommend that you wait at least until the I-130 petition is approved before withdrawing. Take care, Jason
Hi Jason,
I am an Asylee, I had my citizenship interview last year (2016) April and which was recommended for Approval. I was told to expect my Oath Ceremony letter in few weeks. Instead i got a letter that my name is pending background checks. It’s been Almost a year since my Citizenship interview and i still haven’t been called for Oath Ceremony. Could it be my travels to a third country the cause of the pending background checks. But i have never traveled back to my home Country.
Please what can i do about this?
I look forward to getting a response from you.
Thanks
Call USCIS to ask about it. The phone number can be found at http://www.uscis.gov. If that does not help, you can contact the USCIS Ombudsman – a link is at right. They can sometimes assist with delayed cases. Good luck, Jason
Hi jason how are you?. I have a pending asylum case and I would like to ask If I am allowed to get an AP and if I can go back in my home country for just a week, Because My grand father is sick and I really wanted to see him ? Is it Gonna be a Huge problem? I may not be able go come back after I visit my home country. Thank you
You should be able to get AP while you asylum case is pending, but if you return to your country it is likely to be a major problem for your case. To some extent, it may depend on what your case is about (for example, if you claim that the government wants to arrest you and you return home, I would imagine that you would lose the case – since the government presumably controls the airport and could arrest you there; on the other hand, if you fear harm from terrorists in your country, maybe you can explain that you hid from them during the length of your trip). If you plan to return home, you should talk to a lawyer first to think how to minimize the harm to your case. At the very least, you will need to explain the reason for your return trip, so get evidence of your grandfather’s medical condition. But if you can find some other way (like seeing him in a third country) that is far safer for your asylum case. Take care, Jason
Hello Jason first I appreciate your quick reply and your help.
I’m asylum derivatives, me and my son have a green card we plan to go my home country is that okay for us or not.
I cannot tell you that, as it depends on the asylum case. It may not be a problem, but if the principal applicant claimed that the whole family was in danger, it could be problematic if you return to the same country where you fear harm. I would be very careful about this, especially these days, and I would talk to a lawyer to evaluate the situation and minimize the risk. Take care, Jason
Hi Jason , first of all I would like to thank you for always taking the time to respond to everyone. My question is, I was granted asylum in 2013, and I’m applying for my citizenship on actober of 2017, applying the 90 day rule. I was wondering if I would face problems with Uscis if I renew my national passport (which I did already) I’m traveling to Europe (not my home country) to reunite with my parents and I’m scared that they won’t let me back in once I return to the US, also, would they deny my citizenship application due to the fact that I renewed my passport? Thanks you in advance
-Kike
I doubt that renewing your passport will cause a problem for citizenship or for returning to the US. However, it may depend on your case. If you are fearful that the government of your country will harm you, USCIS may think it strange that that same government allowed you to renew the passport, and that you traveled on the passport. I think you should be prepared to answer questions about this subject if it comes up. If you are concerned about this, maybe talk to a lawyer to review the specifics of your case. Take care, Jason
Can someone seek asylum twice in the same country ?
I do not know about other countries. In the US, you can, but the procedure is different for the second application. Take care, Jason
That’s mean if you are a citizen based on asylum, you can’t go back to your own country for example what they will do yo you if you go back
If you are a US citizen and you originally got your status in the US based on asylum, you could go back, but as I discuss in the article above, there is still some small risk of trouble. Take care, Jason
Hello Jason,
Hope this finds you well. I have a question about vaccinations I must have regarding inadmissibility diseases to accompany my form I-485 adjustment to permanent resident…Do I have to specifically get the vaccinations from an USCIS approved/authorized doctor or I can get those vaccinations from my personal doctor??With my work insurance I will save money if I get my vaccination through my insurance provider doctor.
Thanks very much Jason for your everyday dedication to inform us.
Kind regards
Felix
I think you can get them from your doctor, as long as you have a record of that and can give it to the doctor who completes your medical certificate. To be certain, maybe talk to the doctor who will complete the certificate to make sure he/she will accept medical records from your own doctor. Take care, Jason
Thanks very much Jason, am gonna check on that
My son it a citizen and filed for me. He was approved but told that I have to return to Haiti to wait. Is that the only solution?
Lived here for 35 years. I have made a life here. What can
Do?
This blog is only for asylum, sorry. There may be other options for you, so talk to a lawyer about the specifics of your situation. Take care, Jason
Hi, i got green card trough asylum, and i was in my home country for almost 2 month becouse my mom died, now i have interview for citizenship, can they denied the naturalization and deport me?
Thanks
They potentially could deny your citizenship and then try to remove your green card. It is probably unlikely, but you should be prepared by having evidence about your mother’s death and why you had to go back for 2 months. Also, how you kept yourself safe. This evidence would include the death certificate, if any, and letters from people who know about the trip. I would not give any of this to USCIS unless they ask, but at least if you are ready with an explanation, it will help protect you. Take care, Jason
If a person came into this country with a granted asylum , he is now a US citizen, can this person travel to his country and return to the US without problems or complications?
Probably it will be fine – I have not heard such a person having problems. However, if the return trip causes the US government to think the original application was fraudulent, it could cause problems. Take care, Jason
Dear Jason,
How have you been? I am an asylee since 1and half years. And I also last month just applied for permanent resident but still waiting for response from USCIS. I have two questions.
1-Today I went to DMV to renew my driving license, I gave them both my form I-94 that shows I am an asylee, plus my work permit, but DMV refused to renew my driving license saying that they have to first contact another department to first look into my asylee card and that I have to wait for one week. I have always renewed my license without any problems even before I was granted asylum but I am surprised that now they tell they can’t but it’s another department to first look into my asylee card then get back to me in a week or so. Is that a new rule for Ashlee’s?
2-It’s now been a month and half since I did my biometrics for my status adjustment green card application, but I haven’t heard again from USCIS. Normally how long does it take?? Do asylees face new laws regarding applying for the green card as of now???
Thanks very much Jason, I look forward to your kind reply.
Felix
1 – It may be a local rule in your state, but I do not know. 2 – The system is the same, and it usually take 5 to 8 months, or so. It sounds to me like everything is normal and you just need to wait for USCIS, which most likely will be a few more months. Take care, Jason
Thanks Jason for your reply. DMV eventually called me back in that same day and it was a mistake of thestaff that handled my driver’s license renewal, she was new and didn’t know exactly how things were done that’s why she told me to come back in a week’s time. But when they called me back everything went normally as they have always done whenever I renewed my license. Thanks Jason for your reply regarding the time frame for green card processing time. I will keep waiting.
Kind regards
That’s great – I am glad it worked out, Jason
I got green card through asylum, and now need to go back to my home contry to marry, is the marrage consider good reason for them if i had issue on the airport, and also do you know any one did come back those day have any issues?
You can lose your GC status if you go back to your country, and so there is some risk. Plus, the new Administration is tough on immigrants and we do not know how they will treat people like you who return to the home country. You are certainly safer to meet and marry in a third country. If you must go home, you should make the trip as short as possible and be prepared to explain (with evidence) why you went home and why you still have a fear of harm in your country. But even so, there is some risk to you. Take care, Jason
Is the marrige good reson for them
I do not think it is a very good reason, but I suppose you could try to get evidence about why you had to go back and why the marriage could not be in a third country, and also about the danger in the home country. I think there is a risk of trouble with USCIS, though. Take care, Jason