“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 came in USA on transit visa.after i filed asylum ,it s over 18 months i am waiting for my asylum interview, I am disperate and want to go back to home country .can i do that and how what would be the procedure ?do i need to report immigration so that they can deport me ?i have my passport with expired visa .
thank you very much please guide me
You can simply leave and go home. If you cannot withdraw the asylum case, you will ultimately end up with a deportation order that will make it much more difficult to return to the US. You can contact the asylum office and ask about withdrawing the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason , Im originally from Venezuela, Right now I’ve been living in Chile for 2 Years, I can still apply for Asylum in a third country?
To apply for asylum in the US, you have to be physically present in the US. Maybe you could apply as a refugee to come to the US, but that would probably not be easy since we are taking fewer refugees. Also, I do not know much about that process. Take care, Jason
hi jason ,do i have the right of widraw asylum application from asylum office if i am out of status ? can i leave to my home country without any problums?will they let me leave or give me hard time when leaving the states ?
thank very much
You can contact the asylum office and ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Unfortunately, it is not as easy to withdraw as it might be, but if you can successfully withdraw the case, it will possibly make it easier to return to the US if you ever want to do so. Take care, Jason
Hi
i have a question i just apply my asylum case in the month of dec 2017 and 3rd of may2018 i got interview call i did not collect my documents, so my question is if i got reject my asylum what will happen will they deport me the same time or i can get time to collect my documents from india..and i can apply in court?
You have a bit of time, so do your best to get evidence (I posted something about evidence earlier this week). You do not need original evidence – you can have people back home scan and email the evidence to you. If you lose the case, and you have no other immigration status, they will refer your case to court where you can present the application again, hopefully with all your evidence. Take care, Jason
Hi,i applied for asylum ,have been interviewed but waiting for 1 year and didn’t get any answer from USCIS went back home country to my family as they are in trouble at .Now thinking to go back into USA ,if i have any chances to be admitted without advance parole,
You can try. Some visas (like H1b or L) might work, while others (B, F, J) are more likely to not work. If you need to get a new visa to return, I suspect that will be very difficult. Also, it’s possible that you abandoned your asylum claim and now have an order of deportation. If so, it will be much harder to return and you should talk to a lawyer. You can call 800-898-7180 and enter your Alien number (it is a computer, not a person). If your name is in the system, press 3 and it will tell you if you have a deportation order. If your name is not in the system, you do not have a deportation order. Take care, Jason
Thanks Jason,I did as you advised,no information was found about my case,is that mean I still have a chance to return?or no way out at all
Thanks again
It probably just means you do not have a deport order, which is good. Whether you can get back or not, I do not know, but the fact that you do not have a deport order means that at least you are not barred from returning (unless there is some other reason that you are barred). Take care, Jason
Hi Jason ,
I am currently in the US with my family, never had any plan of staying back in the states. Unknown to me my wife had plans to stay back in the US because of some traditional practice that is going on at home that she is not happy with. Right now she is planning to apply for an asylum which includes the kids, we are still having differences regarding that. What are my chances of ever entering the US if she succeed in applying for Asylum with my kids?
Certain types of visas will be more difficult (or impossible) for you to get, such as the B or F visas. Other visas, like H1b, should not be affected. If she wins, she can file a petition for you to get asylum and come to the US as well, if she and you want to do that. Take care, Jason
Hi Jason,
need your advise: my husband is a derivative asylee, our application for the GC is pending now and we have applied for travel passport. But they have requested to send with corrected amount of money. Meanwhile his mom was very sick and we were trying to get travel passport to travel to the nearest country and see her at the border. Her health got worth and he left the country without obtaining any permit by his national passport of COP. Can I still resend the documents with his signature but with the new place of obtaining the travel passport in US embassy. Although he left for COP. Can he still obtain a travel passport in different US embassy other than COP (because he stayed there for 1,5 months only) and left to the neighboring country? in total it’s 2 months now since he left US. Would it be a big issue and will he be denied at the POE? Also there was a hearing for his “Drunkenness in public” overall he has 2 DUIs, does it mean that he will be inadmissible? What we should anticipate? I’m trying to get him back in US. What are the chances to obtain a travel passport and to enter US. Please advise.
If he has an I-485 pending, he should be eligible for Advance Parole (form I-131, available at http://www.uscis.gov) and I think he can collect that at an embassy overseas. He pay also be able to collect a Refugee Travel Document at an overseas embassy, but I am not sure about that. One issue is that he would need to have been fingerprinted in the US, and if he left already, that may be a barrier to obtaining any travel document. Also, there may be an issue about the length of time outside the US. I do not think the DUIs will have an effect, but I am not sure, and it may depend on the specific convictions. If he cannot get a travel document, maybe you (as the principal asylee) could file an I-730 for him and he could return that way. This situation sounds like a bit of a mess, and I recommend you talk to a lawyer about the specifics of the case to see what is the best solution. Take care, Jason
Hello Jason,
I’m granted asylee and got married with an US citizen. I didn’t have a GC and we applied for Adjust of Status through marriage. We had our interview and our application is approved.
However I received my GC and on the card my class is shown as AS6. I didn’t understand why. Because my spouse was my sponsor and we filled out I130 I485 and I864 forms. Do you think it is a mistake or my class category has to be AS6 even if I got married with a citizen?
Thank you,
Ahmed
Good question. Normally, asylum approved is A05, and so you might want to check to be sure what A06 means, but it sounds like an asylum category. If so, contact USCIS and ask about this. It might be best to do that in person, but you can try to call too. You can find their phone number or make an appointment at http://www.uscis.gov. Take care, Jason
is it a crime to widraw asylum and leave back to home country?
It is not a crime. However, the asylum office does not easily accept a request to withdraw a case, and if you do not successfully withdraw the case, you will eventually receive a deportation order. This will make it much more difficult to return to the US, if you ever want to do so. If you want to withdraw, contact the asylum office and ask them about it. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason, I have a question about marrying an asylee. My girlfriend came from Belarus on an asylum visa, and has since received a green card. She’s had the green card for almost 7 years now. She’s thinking about applying for citizenship without marriage, but the issue is that she visited home a few times after getting her green card. If I marry her and she applies for citizenship as my spouse will the issue of her having visited home come up? Any info is appreciated. Thanks.
Whether you marry her or not will not make a difference. She will have to reveal her travel (USCIS probably knows anyway, since everything is machine-readable and computerized). This could be an issue, depending on her case. I recommend she talk to a lawyer before she applies for citizenship, just to be safe. Take care, Jason
hi is it possible to widraw asylum application ?
It may be possible (especially if you are in lawful status), but it is not as easy as it should be. Contact the asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi.. I’m in Germany with asylum status. If i volunterly came back to my home country after that can i travel to another countries like Canada, usa etc ( work visa, study visa or PR)?
I do not know about other countries. The fact that you have asylum in Germany may make it more difficult for you to come to the US on certain types of visas, but I am not sure. You would need to talk to a lawyer who specializes in non-immigrant visas or consular processing. Take care, Jason
Hi Jason,
Just wanted to know your experience with people wanting their RTD delivered at US embassies overseas; as you probably know, there is an option on the form I-131 that allows filers to have to document send to US embassies for pick up. Has it ever been an issue to any Asylee to have his/her document abroad (After biometrics and everything done in the US)? And is it safe to present both the national passport and RTD on your way back to the US (not the country of persecution)? Since the local authorities might want you to show evidence of your entry to that 3rd country before they let you go; and the RTD has no stamp on it, meanwhile it is the only document that allows you to re-enter the U.S. I know it is possible to use your national passport with advance parole but I’m not quite sure with the RTD.
Regards,
Thanks a lot.
I am not sure whether you can do this for an RTD, and I have not done that for a client. Some asylees could have trouble if they travel with their national passport, and so people should be aware of that. If you can get the RTD overseas, you could use it to re-enter the US, but the main point of the RTD is to serve in lieu of a passport for refugees, so traveling on your own passport would potentially expose you to the exact risk that the RTD protects against. Take care, Jason
hi is it possible to widraw asylum application and go back home country .my case is in asylum office .i have valid passport but with expired visa .will usa let me leave without any problums?
thank you very much
This is not as easy to do as you might think, unfortunately. You can contact the asylum office and ask about withdrawing. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I entered the US as a tourist and immediatelly filed political asylum, 3 months later I was issued a temporary employment authorization, ssc while I wait for my hearring. about a month ago, my boss offered me to sponsor my green card through the PERM program, since I am not certain that my asylum will be granted, can you tell me If he can start this process now, and if it is approved before my asylum hearing, would I be able to cancel my asylum request since I may be approved asa resident through PERM, I need help deciding what to do. It made sense to me but I am not sure if I can qualify for PERM since my temporary status is linked by my asylum case. Please help me clarify. Thank you.
You should talk to a lawyer, as there are too many “unknowns” for me to properly advise you. Assuming you can qualify, you may have to leave the US to get the GC, and that may or may not be possible depending on the case. Also, you need to be careful. When you talk to the lawyer, make sure that you can complete not only the PERM and the I-140 petition, but also that you can get the GC. Ask whether you have to leave the US, and whether that is possible. I would get this in writing, to be extra safe. Take care, Jason
Hi Jason,
I have a green card based on granted Asylum , I know I can’t use passport of my own country of origin I also don’t have a refugee travel document at the moment , can I go to Canada just with a green card I read online and noticed that Canada is among the very few countries that allow US green card holders without a need for visa. If yes then when I return back to US I just show my green card and they allow me to enter , is it how it works ?
I am actually not sure about that. Maybe check the Canadian embassy or Canadian immigration website. You should be able to re-enter the US only with your GC, but you might want to carry your passport with you as well as another form of ID. I do recommend you get the RTD, as it makes all this easier – form I-131, available at http://www.uscis.govhttp://www.uscis.gov. Take care, Jason
Hi Jason,
I have a green card based on granted Asylum , I know I can’t use passport of my own country of origin I also don’t have a refugee travel document at the moment , can I go to Canada just with a green card I read online and noticed that Canada is among the very few countries that allow US green card holders without a need for visa. If yes then when I return back to US I just show my green card and they allow me to enter , is it how it works ?
I am actually not sure about that. Maybe check the Canadian embassy or Canadian immigration website. You should be able to re-enter the US only with your GC, but you might want to carry your passport with you as well as another form of ID. I do recommend you get the RTD, as it makes all this easier – form I-131, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
My husband is a derivative Asylee and obtained a RTD but he had to use his national passport to travel to a third country to visit his sick father. My husband and I are from different country and he does not fear returning to his country nor is he related to me case. Is RTD is valid; what is the likelihood of him getting in trouble when he comes back for using his national passport?
Thank you very Much!
I do not see why that would be a problem – he is a derivative and is not afraid of his home government. I would be surprised if this caused any trouble (though Border agents often seem to not know what an RTD is, but that affects all RTD holders). Take care, Jason
Hi, my mom got asylum a few years back and she was able to petition immigration for me, for the same status when I was under 21 (18 years). Now, I have residence status and I’m considering going to my homeland because my grandmother is really sick and I want to see her. But I don’t know if this would effect me in any way. Would I have any problems entering the US or applying for citizenship in the future? Does the same concepts applied for me if I was petition Asylum through my parents?
It may depend on the case, but usually a dependent has less trouble returning to the home country than the principal applicant. Nevertheless, there may be a risk, and so it is worth discussing the specifics of the case with a lawyer before you travel, just to be safe. Take care, Jason
My cousin brother had applied for political asylum about a year ago and was able to work here legally. Unfortunately, he passed away two weeks ago in a truck accident. We have been wanting to send his remains to India since his immediate family is there. But since he didn’t have his passport we are unable to acquire all the documents from funeral home. My question is since he was a asylee , is it even possible to send his remains to India.
I am sorry for this loss. I do not know the answer to your question. Typically, a country’s embassy would assist with such matters. Take care, Jason
hi will usa let me leave to my home country if i widraw my asylum claim? i want to go back .my case is in asylum office .
how to waidraw this ,what is the procedure to go back home countary ?
thank you jason
You can leave and go home. Contact the asylum office and ask about withdrawing the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi, i live in the US since 2011, became a green card holder through asylum since June 2015. Originally from Timbuktu(Mali). For the first time I’ve visited my family in a nearby country. Now I’m in the process of getting married again at the nearby country(Senegal). Can I petition my wife for her getting my status? Or should I jus wait for my citizenship? It’ll be very much appreciated to have some clarification of options and the length of time each one takes. Thanks
If you have a GC, you can petition for her as soon as you are married (form I-130, available at http://www.uscis.gov). There is about a 1.5 year wait for her to come here. Alternatively, if you become a US citizen, there is no wait. You can file the I-130 while you have a GC, but then if you become a citizen, you can bring her here more quickly. It’s really up to you how you do it. You might want to talk to a lawyer to go over the specific options. Take care, Jason
thank you very much for the input.
Hey Jason,
What if my wife is here in the States, and she is legally on H1B visa. Would the I-30 affect her working eligibility?
Thanks in advance.
I do not see why it would. You can double check with her H1b lawyer, as I do not do such visas. Take care, Jason
i have question that i have asylum got advance parole passport book with multi pile entries but when come back USA on airport they entered me easily they entry me put stamp on my on my advance parole the words are ( IF YOU DEPARTED THE UNITED STATE YOU WILL NEED PRIOR PERMISSION TO RETURN) WHAT,S THAT MEAN My advance parole expire on june/20/2018 so i can traval on that parole or i have to get new parole
Advance Parole should be a piece of paper, not a book. Maybe you have a Refugee Travel Document or a Re-entry permit? Those are books. If you have a book, you should be able to travel and return until it expires. However, I am not sure from your post, so I recommend that you show the document to a lawyer and make sure it is safe to travel and return before your next trip. Take care, Jason
I AM SORRY YOUR RIGHT I HAVE REFUGEE TRAVEL DOCUMENT EXPIRE ON JUNE/20/2018 WHICH HAS (M) MEANS MULTI PILE ENTRY I TRAVEL ON IT AND THEN COME BACK WITH NO PROBLEM BUT WHEN I CAME BACK ON ARRIVAL THEY PUT ARRIVAL STUMPED IT’S MARKED WITH THOSE WORDS (IF YOU DEPARTED THE UNITED STATE YOU WILL NEED PRIOR PERMISSION TO RETURN) I STILL COULD’NT GET RIGHT ANSWER FROM ANY WHERE SO PLEASE HELP ME OUT FOR THAT I CAN GO AND EASILY COME BACK OR I HAVE TO GET NEW REFUGEE TRAVEL DOCUMENT
As long as the RTD is still valid, you should be able to travel and return – the RTD itself means you have prior permission to return (until it expires). Take care, Jason
Hey I’m from NEPAL my husband came 2 years ago n we get married and he returned back and again came after one year to meet me… now it’s already one n half year he went there in USA he had also asylum paper now he can’t come here n I can’t go there it’s really painful n hurting me as a wife can’t meet my husband n he refuses to come back because of fair of if if can’t go back there because he has his study there’s n like m waiting for him since 2/3 years n there is no hope of being together it’s really hard for us to live separated can you please help us
You can try to expedite your case – I wrote about that on March 30, 2017. You can also try to get Advance Parole, so you can travel and meet him in a third country – I wrote about that on September 11, 2017. Take care, Jason
Hi Jason, I av serve under the United nations peace keeping force before I retired from my country army voluntarily in one of the African countries. I was ask to come and trained some people to carry arms against the the government which I refuse my lives had been treating back home I had to escape and leave my family behind, do I av a good case to seek for asylum in the United States. Presently my family are hidden so where in the village. Am confused on next steps to take. Please advise.
You may have a good asylum case, but anytime someone served with the military, it can raise questions about the case and cause delay. The asylum form is the I-589, which you can find at http://www.uscis.gov. The instructions to the form explain the process, but you may want to talk to a lawyer for help with the case. Remember, if you want to seek asylum in the US, you are required to file within one year of arriving here or meet an exception to that rule. Take care, Jason
Hello Jason,
I applied for asylum in an European country however I decided to cancel my application three months after. I am now at about 9 days over my 90 days stay. If I cancel my asylum application, will I be able to return to any European countries in the future?
Would I be able to return to the country soon after?
I am in the US – you would need to talk to a lawyer in that country. Take care, Jason
Hi Jason,
Thank you for this helpful blog. I’m curious your opinion on my situation.
Asylum received in 2001 (gay, fear persecution in Malaysia). LPR received in 2006 (backdated to 2005). Did not return to home country while an asylee. When I obtained LPR and my father fell ill with a brain tumor in 2006, I returned home. Since then I have returned home approximately 1x/year for no more than 2-3 weeks at a time. The main reason is to see my parents and family (I have no family in the US). I would like to apply for naturalization, but a couple of lawyers I’ve consulted with worry that I will be denied and put into removal proceedings, and are recommending against it. My background is otherwise in the clear (e.g., I pay taxes, no criminal background, etc.). Do you think there is a possibility that given my travel history my naturalization application could be denied and I could be deported? I protected myself when I return to home country by remaining in the closet to all but my immediate family and a few close friends. If advised against applying for naturalization, then what is the alternative?
Thanks much.
No one can guarantee that you will not run into problems if you try to naturalize. If you have evidence and an explanation for why you went back (and good evidence of your sexual orientation), you can make the argument that your asylum case was legitimate. In that case, you may be fine. On the other hand, USCIS under the Trump Administration is very nasty, and so if your GC is not expiring, and you have no need for citizenship soon, you might want to wait and see if things one day improve. On the other hand, maybe you are better off applying for citizenship so that you can avoid any trouble at the airport when you return from Malaysia. I think there is no “right” answer here, and it depends on what you want. But if you do apply for citizenship, make sure you have evidence in case you are challenged about the travel. Take care, Jason
Hi
IAm came student visa on 2010 applied asylim n got prrmanent protection on 2015 eversince i have not travelled and i applied citizesnhip just waiting for decision.now i got a compelling reason as im real aunty is on dead bed i want to see her fot few weeks im from pakistan .i have convetion travel documents is it fine if i go back to country they will accept travel document on airport bcoz it say convemtiom travel document so they will say nothing i mean i will be thankful to u thanks from australia
I do not know about the law in Australia. You need to ask a lawyer there. Take care, Jason
Hi Jason,
I am an Indian citizen on H1 & my fiance is in USA seeking asylum. I need your guidance on the below –
1. she cannot travel to India, since she is seeking asylum
2. If we get married here in USA, will I have to come under her application
3. If i travel to India after we get married, will that effect her case/asylum application
4. How soon can she visit back to India, without risking her status/returning back to the USA.
1 – If she travels to her home country, it will likely cause her to lose her asylum case. 2 – No, but you can join the case if you want to. 3 – It depends on the case; it could, especially if she is claiming that her whole family is being targeted. 4 – Once she is a US citizen, the risk is very low, but it is not 0, as I discuss above. Take care, Jason
hi ,
my case is in asylum office .i am waiting for my asylum interview from more than one year .but now i want to quit my asylum applocation .can i go back my home country ?i have my passport with expired visa .from which department i should take permisssion to leave ? will they let me leave or creat problums at the port of exit thank you very much
You should be able to leave. However, if you do not cancel your asylum case somehow (which is not easy), you will ultimately end up with a deportation order, which will make it much harder to return here in the future. If you want to try to cancel the case, contact the asylum office and ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I am on H1B visa. My I140 is approved.
My parents and 2 brothers are in USA as well. My younger brother has an asylum case approved and he is on GC. Becuse of my younger brother’s situation/case in India, my parents and older brother suffered persecution as well and fear that they will suffer further. And that made them come to USA as well and apply for asylum. My parents and older brother have a pending asylum case. I am on H1b and I wish to travel outside USA for tourism. Will I face issues at the port of entry even though I have not filed for asylum but my parents and brother have? and I have an I140 approved? What if I am questioned about my parents and brothers stay/status in USA? I am afraid on reentry I will be questioned and might not be able to reenter because of asylum cases my family has/had filed. Your thoughts/comments please? Thanks much!
If you have an H1b, that is a dual intent visa, meaning the US government does not care if you have an “immigration intent”. And we know you do have an immigration intent since there is an approved I-140. So I think you should not face problems upon re-entry due to your family’s asylum case. If you are asked about their cases, you have to tell the truth (as the US government obviously already knows about their cases already). Take care, Jason
Hi Jason,
this is really valuable information. I have a huge problem and I would be very thankful to you if you could give me some advice.
Im in Pakistan and My fiance lives in Melbourne, Australia, on student visa since a year and he applied for Protection Visa subclass 866 because he has some rivals here in Pakistan who had shot him before he left Pakistan for Australia. We are still awaiting the decision. The problem is that my fiance and I need to get married ASAP, be it a year at max. For this, he needs to come to Pakistan (the country he seeks protection from) even if it is for just 3 to 4 days. We plan to keep him safe by staying at home only.
Will it be possible for him to come here before or after being granted asylum just to get married because I cannot go there to get married due to financial, religious, and societal constraints until we are publicly married here.
Please help. Thank you
I am in the US – he needs to speak to someone in Australia about how a return trip would affect his case. In the US, if a person returns to their country, it will have a very negative affect on an asylum case. That may be true in Australia as weld, but you need to ask a lawyer there. Take care, Jason
Hi jason, i have one question.i applied asylum 2yesrs before i know i can not go my home country.so can i go other country to visit except my country for a short trip?
If you have asylum and want to travel with a Refugee Travel Document, you can go anywhere you want except your home country. If you have asylum pending, it is the same, except you need Advance Parole to travel. I wrote about that on September 11, 2017. Take care, Jason
Hey Jason. I gut my permanent resident after applying for asylum in 2012, but visited home in 2015 for two weeks, now I need to apply for my citizenship, should I be worried about getting terminated?
I wrote something related to this on November 13, 2017. I do think it is a concern, and you should be prepared to explain why you went back, how you remained safe, and why your original asylum cases was not fake. So make sure to have all the evidence from your asylum case, and any additional evidence you need to explain the trip. They may not care about the return trip, but it is better to be prepared just in case. If you went home for a long time, or you fear of persecution from the government (as opposed to a terrorist group, for example), they may look at you particularly closely and you might consider talking to a lawyer before you make the application for citizenship. Take care, Jason
Good day everyone!
I have a kinda wierd question
I got asylum status from Kazakhstan five years ago. Now I need to get papers from my college (to transfer credits that i got while was styding there).
Embassy in DC offers that service. They can send a request to the school that i used to go and get that papers.
But is it safe to go to embassy? Or I put my status here in jeopardy?
Regards, Alex
I do not think going to the embassy to get education records would jeopardize your status. You have a legitimate reason to go, and you are not “availing” yourself of the protection of your country. I do think you should apply for US citizenship as soon as you can; then such issues will no longer be a worry. Take care, Jason
Thank you Jason! I appreciate your advise!
Hey Jason I am from india gt my asylum approved and recently gt my green card since I cannot return to my home country.is it okay if I meet my parents in a neighboring country(Nepal) ? But now the problem is I have valid travel document but Nepal embassy won’t give me visa on travel document.also i have used travel doc in past to travel to a different country.my other option is traveling on my national passport (indian) as it indian passport holders get visa free entry in Nepal ..would that be okay traveling to Nepal on my indian passport to see my parents…
You potentially take a risk by using your passport, especially if your fear of harm is from the Indian government. My clients have done that, and no one has yet had a problem, so it is probably ok, but these days, since things are tougher, you never know. I think you should have the Refugee Travel Document anyway. At least then you can explain (if asked) that you tried to travel with the RTD, but Nepal rejected that, so you had to use your passport. Take care, Jason
Hi Saroj
I am also form India I have same problem. I got asylum
Hi Saroj
I am asylee from India I have same problem, I don’t know what can I do
Thanks for your guidance
Hi.
i have my green card from asylum 2006 and expired 2017. In 2012 went back to my birth country to visit my Mom because she sick really bad. After One month stayed i got really bad accident and it takes 2 full years of my recovery and also i lost my green card on that day i get an accident. But i have copy of my green card and still have Id card even though expired as well. Plus i still have my SS number.
On my recovery my mom and my dad passed away.
I want to go back . But i dont know what should i do to go back there safely.
Even though i replace my green card can i return to usa safely.
Thanks. And have a nice day
I really do not know whether that will be possible. Talk to a lawyer in the US to research the option. In the alternative, you could try contacting the US embassy in your country and see if they can help. Good luck, Jason
In 2003 I applied for asylum and still pending until I went back to my home country in 2004. After that I never did anything about my asylum case. I never violate my visa back then. I stayed in the U.S. legally with student visa. I went home before my student visa expired. Now in 2018, is it possible for me to apply for a tourist visa for holiday despite my background that I mentioned above?
Thank you.
I have no idea – they are becoming more and more strict and so old “sins” such as apply for asylum and leaving may come back to haunt you. I suggest you try. Please let us know what happens, as it will help others. Thank you, Jason
Hi Jason,
In response of my previous post, I have applied for a tourist visa and got approved but for 1 entry only as I am going for a holiday in June 2018. The consular officer wanted to prove that I am really going to have a holiday in coming June. After that, I can apply for a tourist visa again through the whole application process, then I can get a full 5 years tourist visa.
Thank you for your advise.
Hello,
Thank you for making such valuable information available. The immigration seems very strict now and scary. I got asylum status in 2013 and because my father was sick who later passed a way, i visited my country of persecution. Thanks to the corrupt nature of the country I could find an officer who arranged to receive me undeclared at the port of entry. However during my stay I also obtain a passport , I was assured it is not being tracked, so I paid some money so particular officers could be in charge of my file and bring it to completion.
Now I wish to visit another country and I am scared of the odds of running into trouble at the border.
Can I get deported if I can not show adequate prove that I did not avail myself to the country ?
What is the procedure to revoke asylum status, does it includes detention while prior to determination ?
I recommend you talk to a lawyer about the specifics of the case. It is doubtful that you would have a problem at the border, but it is possible. The normally procedure to revoke asylum is to send you a letter telling you to return to the asylum office for a termination interview. This does not normally involve detention. I do think you should have evidence of how you went back safely and how you got the passport, in case this issue ever comes up. Take care, Jason
Hi Jason, I applied for RTD in Nov 2017, I couldn’t track my receipt number, so I called customer service today only to learn there is a huge delay of processing, they’re processing cases from Aug 2017, my travel is in 2 months, have you heard anything about the delay? I’m trying to expedite if I can get a hold on the evidence they need. Please share some taughts I’m very frustrated right now. I also bought my ticket a month ago ugh.
Thank you for every response you have been beyond helpful.
RTDs used to be very fast. We just got one approved after 14 months! We even forgot that we filed it (the client did not really need it), but then it was approved just today. Things there have slowed down dramatically, and it is hurting many people. All you can do is bug them and ask them to expedite, and you can also contact the USCIS Ombudsman. I would not put great hope in either one, but you can try and hopefully, you will get it. Let us know what happens. Thank you, Jason
Hi, Jason I just want to let you know my RTD was approved, I got it in 92 days. Thank you!
That’s great – 92 days is slower than it used to be, but by today’s standards, it’s not bad. Thank you for letting us know, Jason
Hello
I came to usa after my mom applied for asylum and now I am a green cardholder my gf is in my country back in Nepal and we are planning to get married can I go directly to my country and get married or is there might be any consequences if I do so
You should talk to a lawyer about the specifics of your case before you go there. It would really depend on your case. If you want to be completely safe, meet her in a third country, marry there, and then bring her to the US. Take care, Jason
Thank you Jason that was great help appreciated
Hello good afternoon
I have a problem filling a immigration form I-131 for refugees travel document.
The problem is that the derivative asylee has different nationality and comes from different countries than the principal asylee.
The derivative asylee comes from country A.
The principal asylee comes from country B.
So how should the derivative asylee asylee answers the question on the form I -131 part 6section 1?
And which country the derivative asylee get he’s asylum from A or B
I cannot answer specific questions about the form. However, the derivative should be eligible for a RTD. If you need help, you may need to consult with a lawyer about the specific question. Take care, Jason
I have B1/B2 visa same with my wife and infant son. We traveled to US stayed for two weeks before returning to my home country. After few months, issues arose and I fear persecution, I have been physically harassed once and the chance that the worse might happen is high. I intend traveling back to the US with my son and wife to seek Asylum. Will this be possible?
Yes – assuming your visa is stilt valid. You will need to explain what you came to the US and went back to your country, but it sounds like there is a reasonable explanation. We have done many cases that were similar to this, and usually it is fine. Take care, Jason
Thanks for the prompt response. Please, do I need to gather documents to support my claim…if yes, can you please tell me what documents to prepare before leaving for the US.
Thanks.
I cannot give that type of specific advice, since I do not know your case. In general, for our cases, we submit passports, birth certificate of the applicant, spouse, and children, marriage certificate, education and work documents, and then lots of other case-specific evidence. Most evidence is not submitted when we initially file, but it depends on the case. Take care, Jason
i am a asylee.. i dont want to return my country but can I visit any other countries? Although I dont hacmve any passport. But I do have a green card.
You can get a Refugee Travel Document (form I-131, available at http://www.uscis.gov). You can use that as a passport and many countries will accept it. Take care, Jason
Hi Jason,
I am supposed to leave on Jan 31st 2018 since my 6months duration of stay on B1/ B2 visa expires.
I want to apply for extension of stay.
After I have applied for extension of stay, can I apply for asylum?
Also,incase after a year I do get married, and want to visit my country with my spouse,will it create problems during re-entry or wI’ll it be a hassle if I am applying for US citizenship in the future??
Can I still visit my country and return to the U.S?
You can apply to extend your stay using form I-539, available at http://www.uscis.gov. However, this is not compatible with seeking asylum, and it may be a bad idea to do both. Talk to a lawyer about the specifics of your case to be sure. If you seek asylum and then get your GC through marriage, you still take a risk if you return to your home country. If the US government thinks the original asylum case was a fraud, it could have serious immigration (and even criminal) consequences. Take care, Jason
Dear Sir/Madam,
I applied for asylum in 2016 after I was persecuted in my home country by the government. But, the government that was in power just lost an election and an opposition is now in power. I have confidence that the new government will restore law and order and I am hopeful that when I return to my home country, I will live freely without any harassment. Therefore, I want to return to my home country to reunite with my families, but my asylum application has not been granted/approved. Will I be denied a U.S. in the future if I ever decide to come visit the United States?
You should contact the asylum office where your case is pending and tell them this. You can find their contact info if you follow the link at right called Asylum Office Locator. If you can withdraw your case (which has become quite difficult), it will make it easier for you to return here one day. However, if you cannot withdraw the case, eventually you will have a deportation order, which makes it difficult to retune. Maybe a lawyer can help with this also. Take care, Jason
Hi
I am a ik refugee status holder. My son is living in usa and he wants to sponsor me to usa permanently. My question is will i loose my uk refugee status as soon i will get the green card??Will i be able to come back to uk again and live here?? Thanks for your help in advance.
I do not know about the UK – you have to ask a lawyer there. If you (eventually) get a US passport, you can travel to the UK for a visit and you do not need a visa. Take care, Jason
I filed for asylum i included my wife and my children, my wife was here when i filed asylum but she returned to the country i fear persucution.When she came back to the U.S the immigration cancealed her visa and return her back to her countary, am the one they after not my wife, am in the State what must i do sir
I doubt there is much you can do to bring her back here. The embassy will not issue a visa if they believe your wife plans to violate the visa by staying permanently in the US. Some visas are exceptions – such as H1b or L. Talk to a lawyer about that to see if there is any possibility for her. Also, you might try expediting your asylum case. I wrote about that on March 30, 2017. Take care, Jason
i am in USA and i have applied for asylum 8 months ago,i have got work permit and social security no and now i want to travel to Dubai to meet my wife.
-Can i travel before asylum approval?is it risky?
-After how many days i will get travel documents?
-how long can i stay outside USA?
-Do i need a visa for Dubai for this travel?
will you please guide me in detail
I wrote a post about this on September 11, 2017 – maybe that would help. You would have to go to Dubai using your passport, and so if a visa is needed for your country, you would have to get one. Take care, Jason