“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.
Hello Jason,
I got to the united states upon the request of my dad’s asylum status, I got a GC 2 years ago. I was wondering if I could visit my home country just for a month through RTD, Is the risk very high for me to return to the states but I am not the main asylee. I am the dependent one. Can you please answer?
The risk is probably low, though it may depend on your father’s case. If he said that the whole family was at risk, and especially if he risk came from the government, then the return trip might create issues. But most likely, it would have no effect. If you are worried, you might have a lawyer look at the specifics of the situation and advise you. Take care, Jason
Hello Jason. My spouse with whom I applied for Asylum because of war in our contry has travelled out of the U. S to another country for a two years training without his doing Biometrics. Please can I request for his name to be removed from my application. Please how is it going to affect my interview. I have been scheduled for an interview already. Thank you
If you are scheduled for an interview, the best thing is probably to tell the officer at the interview that your husband has left the country. He is not eligible to get asylum with you, as he is not here. If you win, you can file an I-730 petition to give him derivative status, if you want, and then he can come to the US based on your asylum. Take care, Jason
hi Jason ,what is the procedure to widraw asylum and leave country to back home ?
i am tired of waiting for interview .i dont want to continue .how to go back ?are there any complications ? will Usa let me leave ?
thank you
hi Jason ,what is the procedure to widraw asylum and leave country to back home ?
i am tired of waiting for interview .i dont want to continue .how to go back ?are there any complications ? will Usa let me leave ?
thank you
You can inform the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If you cannot successfully withdraw the case, then your case will eventually go to a Judge, who will issue a deportation order when you do not appear in court. Such an order will bar you from returning for 10 years. For this reason, it is important to try to withdraw the case, and also, if you can change your address to a friend’s address in the US, your friend will get any notices that come for you, so you can keep track in case the matter is not successfully withdrawn. Take care, Jason
Hello Jason,
I had applied for asylum and was still pending. I obtained permanent resident card through marriage. So i sent withdrawal letter to asylum office. They sent me an email to fill a form and sign.I did that too but I haven’t received any official confirmation of withdrawal yet. Political situations in my country have significantly changed and i want to travel back to my home country. Will there be any risk since i have not received official asylum withdrawal confirmation?
You may want to email the asylum office and ask about the withdrawal. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If you have your GC and the political situation has improved, you will probably not have a problem. You should keep evidence of your asylum case, in the event that you are asked about that (you don’t want to be accused of filing a fraudulent case, as that could create big problems, even if you now have your GC). Take care, Jason
Hi,
I got green card through asylum in2011
My citizenship is denied for some reason
Is it risk if I go back my origin country to see my mom? With GC and do I need renew my passport?
Or use travel document
Thank you
It would depend why citizenship was denied. I think you should talk to a lawyer to evaluate the situation before you travel. In the worst case, if you still have the GC, you would be detained upon return and placed into deportation proceedings. It would be good to know the risk (if any) before you travel, and a lawyer should be able to evaluate that. Take care, Jason
Hey Jason, We are on GC based on asylum. Our asylum main claim was that one of our household has Female genital cutting along with some general harassment happened to her not government not political it is just a humanic claim and she is the main applicant and we are derivative on her. But she (The main applicant) wants to return to home country to see her parents because they are badly sick and also she haven’t seen them for almost 4 years. My first question, Is there any like big chances for her to lose her status?!. My second question that I am as a permanent resident based on derivative asylum not related to the asylum claim which is Female genital cutting, can I travel safely to my home country for just a short visit?!. and if we both will return to our home country what will be like a possibilities to minimize the risk and make it very low. Thanks for help and your page is really useful. Keep up the good work
The main risk is that the US government will conclude that the original asylum application was fake due to the return visit. The principal applicant should be ready to explain why she returned and how she stayed safe, and she should be ready to talk about the old asylum case, if they ask. My guess is that the risk is not high for you, as a derivative asylee with a green card. There may be more risk for her, especially given the government’s current hostility towards non-citizens. If she can meet her parents in a third country, that would be the safer bet. Take care, Jason
hi jason how to widraw asylum from asylum office ? do i need to go asylum office ? will i able to leave to my home country if i dont widraw my case from asylum office ?is there anything to do before i leave to airport to depart USA ? thank you
You can email the asylum office and tell them you want to withdraw the case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). They should tell you what to do. You can also do this in-persons. Whether you withdraw or not, you can leave the country. If you do not withdraw and you leave (or if the withdrawal does not work, which is sometimes an issue), your case will eventually be denied, sent to a judge, and you will be ordered deported (even though you are already long gone). This makes is more difficult to return to the US in the future. Take care, Jason
Hi,
I’m a green card holder based on asylum status. I was born in Saudi Arabia but I’m not citizens of Saudi and I was a temporary resident there. In Saudi Arabia, they do not naturalize foreign-borns. However, I’m from Chad and I applied for asylum because I cannot go to Chad. So, can I visit Saudi Arabia because my problem in Saudi was I did not have a permanent resident and my temporary residents status had expired?
Based on what you say, you should have no problem going to Saudi Arabia. The only country you cannot go is the country from which you received asylum (Chad). Take care, Jason
Hi
I have question!! I came here in us 5 years ago with my wife. I had a f2 visa. Before 3 years ago I applied for asylum now i have work permit and everything. I didnt have any interview date yet. I have 2 kids they are us citizens. My question is i am going back to my country with my wife and kids . Is there any complications with that. I am not going to come back in us . Is there any department that i need to take permission for my kids . My kids they already have the NVR in their passport. Let me know please. Thanks
You can just leave. However, I do recommend you contact the asylum office and let them know you are leaving and ask them how to cancel your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If you can successfully cancel the case, it will make it easier for you to return here one day, if you ever want to. Take care, Jason
Hello Jason,
I got derivative asylum approved last year and got green card with AS7 category last week. I want to go to my home country for short period with my daughter who’s us 2 years old and US citizen. Will it cause me trouble on my way back to USA?
Please guide.
Thanks in advance!
Preet
Normally, it is easier for a derivative to return to the country than for the principal applicant to do so, but it may depend on the case. If your spouse got asylum by claiming that the whole family is under threat, than it might be problematic for you to return. In most cases, such a trip should be fine, but if you are not sure, talk to a lawyer about the specifics before you go, as you do not want to have a problem. Take care, Jason
Hello Jason,
A wife is currently seeking asylum in the US. She entered the US with her husband and her youngest child. The husband had to return back home because of the family business and properties. The wife’s application is currently pending. It has been almost 2yrs since he last saw his family. He has a valid visa that will be expiring soon and plans to visit his family before the visa expires. Do you think he will have issues at the port of entry? And how should he prepare for his travel?
Thank you
He could be denied entry since his wife has a pending asylum case. If that happens, either he can leave the US or seek asylum in his own right. But if he seeks asylum, he will likely be detained and have to do the case in Immigration Court (and maybe while detained). Also, his case may not be very strong, since he voluntarily returned to the home country. If USCIS believes he will abide by his visa and leave the US at the end of his visa, the husband may be allowed to enter the US. Also, if he has an H1b visa or certain other visas, the wife’s asylum case should have no effect on his eligibility to enter the US. Take care, Jason
Thanks for your response. He has a B2 visa. He won’t even agreed to stay permanently in the U.S. He has so many investments in his country. The first time he entered the U.S. with his family he stayed for only 2months and he is included in his wife’s application, he is just listed as her spouse. I hope they consider that and grant him entry.
Thank you once again.
I mean is not included on his wife’s application, he was just listed as a spouse
Hi Jason! I got an asylum in the US from Russia. Then i got my greencard. Now I’m a US citizen. Never went back since i came here 16 years ago. I have internal and zagran (international) passports from Russia. Both expired long time ago.
Now i want to renounce my russian citizenship. in order to do so i have to have a valid russian passport. not sure how the renewal of my russian passport is gonna effect my US citizenship . is it safe for me to do so? i’m afraid to apply since i was an asylee once. Thanks
It seems to me that if the only reason you are getting the Russian passport is to renounce citizenship, there would not be any issue with US law even if you were not yet a US citizen. But especially since you are a US citizen, I do not see how this would be an issue. Take care, Jason
Hello , i was approved as an assylee and got my greencard ,now its been 6 years and i have the right to apply for citizenship . There is one thing that scares me and that i travelled back to my home country for short period of time as i knew that my Godfather was diagnosed with Cancer and has a short time to live and i had to travel at least to see him , unfortunately he died few months after …
Is that going to cost me my residence and be deported ?
Thank you
I highly doubt it would cause you to lose your status or be deported, but I do think you may need to explain the home trip – why you went back and how you stayed safe. If you have evidence of his health issues, and how you stayed safe, that will be helpful if they ask you about this. Take care, Jason
Thank Jason, yeah i have his health documents and doctors diagnos and his death certificate as it was back n 2014-2015 as how i stayed safe it was christmas time busy season and i stayed home no car and no phone as a hidden person , good that i had the chance the see him but it was so sad i couldnt attend his funural as i was scared to go back
Hi Jason,
My wife submitted an asylum application and i was included in the application after about 8 month the situation has improved in our country and there was no fear of return anymore so we returned back to our country, my wife has withdrawn the asylum application by mail she filled and signed the form of withdrawal which included in the USCIS asylum manual (as they explained in the manual) then she sent by mail to the local asylum office before we returned to our home country, I want to know Is there any problem that she withdraw the asylum by mail ? and how to know that the application has been withdrawn? An what about if we want to apply for any visa in the future like E2 or B2?
Thank you and appreciate your time
You can email the asylum office to try to confirm that the case is withdrawn. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If the case was not withdrawn, you will ultimately get a deportation order, which will make it much harder to come back. If the case is withdrawn, you can try for an E or B visa, but it may be harder to get since you filed for asylum previously. Take care, Jason
hi is it necessary to widraw asylum application if i want to go back to my home country ?my asylum case is in asylum office .but due to some health problums i need to go back to my home country .will there be any problums to leave usa after widrawing asylum application ?can i leave without widrawing this ? i have my valid passport with expire transit visa .
thank you very much
There should be no problem for you to leave. However, if you do not withdraw the case, eventually, you will get an order of deportation, which makes it much harder to ever come back to the US. Contact your local asylum office and they will tell you how to withdraw a case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
I am of F1 visa, I also had an asylum interview in March and waiting for the decision.
My case was mostly because I had medical issue and my medication is not in my country.
Meantime, I found out I won the DV lottery green card.
I decided to pursue my green card through lottery. If I get my green card through lottery and withdraw asylum, will I get in trouble if I want to go back to my country to see my parents for a couple of week every other year?
If you did get the GC based on the lottery and you return home, you should be prepared to explain why you returned to a place where you fear persecution, and how you stayed safe. If the basic point of the asylum case was the lack of medication in your country, that is generally not a reason for asylum (unless maybe the medication is withheld by someone for a protected reason – such as your religion or political opinion). Once you are a US citizen, travel is basically safe, as long as the trip does not cause the US government to think your initial asylum case was a fraud. Take care, Jason
Hello Jason, thank you so much for the article!
I have a question regarding applying for a visa to visit my home country. I was granted an asylum status and became a US citizen not so long ago. I didn’t see my parents in Russia for almost 9 years and I really want to visit them for a week. I don’t have Russian citizenship anymore and would need to apply for a Russian visa in order to go there. I wonder if there is any risk or known issues when I return back to the US, that might occur at CBP?
My friends from Russia who have US and RU citizenships don’t have any issues going back and forth, but that’s because they don’t have any visas or stamps in their US passports. But since I lost my RU citizenship, I will have a visa and a stamp in my US travel passport and I wonder if this might cause any issues when I return.
Is it a legit worry, do I need to be prepared in some way? If some questions arise, maybe I need to have a signed approval from my parents that I stayed home with them all the time or something like that?
I think the risk is minimal where you are a US citizen. However, I do not think it is zero. I would just keep a copy of the old asylum case, so you have it if you ever need it, and be prepared to explain the reason for the trip, and if necessary, how you stayed safe during the trip. Unless the trip causes the US government to believe that the initial asylum application was a fraud, you should be fine. Also, I know of no case where a US citizen/asylee got into trouble for returning to the home country. The only time that seems to happen is when the person also committed a crime or was a human rights abuses. Nevertheless, in these times, it is best to be prepared just in case. Take care, Jason
Hi, i get green card through assylum my questin is can i go back home for few weeks . is this possible if i go to 3rd country and then home country and return usa without any problem
You might have a problem and you might not. If the US government believes that the initial asylum case was a fraud, they could try to take away your status. It is safer to wait until you are a US citizen. If you must go, it is best to keep the trip short, and be prepared to explain why you went and how you stayed safe. Take care, Jason
I have a pending asylum application (no interview yet) for years, and now i have finally obtained GC marriage based. I also do not fear for my life as much as i used to because conditions back home is getting better and my parents have not been threatened or asked about my whereabouts since couple of years. I am going to withdraw my asylum application this week. will i be in trouble upon return to US if i travel home even after withdrawing asylum?
If you are currently outside the US and got your GC, you should be able to re-enter on the GC. If you traveled to your country, it could cause USCIS to think that the initial asylum case was a fraud, and they could question you about that. So you should be prepared to answer and to present any evidence. Also, if you have the GC, you probably do want to withdraw the asylum case. You can 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
Thank you very much for the response Jason. I am in the States now and i have already went to asylum office to formally withdraw my application, i had to fill up a form for that. i submitted a cover letter along with copies of greencard and marriage certificates. If i may ask, when i travel home and return , what kind of evidence you mean should i be prepared to produce if i am asked for one. Thanks
The concern is that the US government will conclude that your withdrawn asylum case was a fraud. So you should keep return trips short, and if you have a reason for the trip (visiting a sick relative for example), get evidence of that (such as medical records). Also, you may need to explain how you stayed safe. Most likely, you will not have any issues, but it is better to be safe than sorry. Once you are a US citizen, travel home should be basically safe. Take care, Jason
I have a question regarding refugee status that I don’t know who to ask, I was hoping you might be able to shed some light on it for me. If I came to a country as a refugee and obtained a citizenship, does that mean I’ve automatically renounced the citizenship of the country I left, i.e my country of origin? If I want to hold a dual citizenship (and my new country is okay with dual citizenships) do I actually have to apply for a citizenship for a country I was born in and left?
The US allows dual citizenship, so coming here as a refugee and later becoming a US does not automatically terminate your old citizenship. Take care, Jason
Hi , I have a GC thru Asylum. I also have a us travel documents. I wish to go to my country for a few days to visit family. will USCIS ever find out about the trip if I don’t tell them?
It is very possible that they will (with machine readable passports and whatever other systems they have for this). If you lie about your travel and they know, it will be worse. You can return home, but you need to be prepared to explain the trip and how you stayed safe during the travel. Of course, it is safest to wait until you are a US citizen, if possible. Take care, Jason
Why not, they can find out by simply checking your i94 travel record (entry from and return to the United States). Thus, you need not lie about it but be honest. Practically speaking, many permanent residents through asylum have travelled briefly and returned to the US without any issues but the frequency of it and/or extended periods of stay (for example 3 months or more) in your home country that you claimed asylum against could raise suspicions for you, even moreso, during your citizenship interview should you ever consider becoming a US citizen.
Please email me an advice.
I have returned back home because of my health condition while my asylum was pending. I returned home by my student visa. Do you think I can go back to the USA? I still didnt have any outdoor activities though I was getting treatments at home.
Please write back.
Thanks!
I really have no idea what would happen if you tried to return to the US. If you have a valid student visa, and a valid I-20, you might be able to board the plane, but when you get here, you could be prevented from entering or forced to seek asylum upon arrival at the airport. If the latter happens, you would likely be detained. Maybe talk to a lawyer before you try to come here, so they can evaluate the specifics of your case. Take care, Jason
Hello thanks for your information I did my interview in Boston I totally and badly messed up my interview just because I had no attorney, and had alot of evidence to extent officer telling me thanks for bringing this evening but to me she said it as if she was just being sarcastic,the officer went to an extent of correcting something in my written evidence I really messed up because I was nervous and had no guidance and even the officer asked me why didn’t i get a lawyer I told her I’m a student can’t afford hiring a good lawyer , she said I understand your case you are a student but truth is I had good evidence, and good evidence about country condition since most of it was from internet and I pass all bars and all conditions and Even security checks but the only problem I messed up in the interview and I recall the officer shouting at me complaining about the discrepancy I had which prompted her to make the changes her self , I know I totally messed up unless just a miracle happens and God makes a way for me , anyway do you have anything you can say about my case ,so advise or anything???
I don’t know what happened, so I can’t say much. However, we have had many cases where the interview seemed to go badly, but the result was positive. So hopefully you will get a good decision. If the case goes to court, you should make every effort to find a lawyer. I wrote about ways to try to get a free lawyer on September 22, 2016. Take care, Jason
My case might not go to court because i was given a notice after the interview reading that my decision will be mailed to me since I’m a fresh student and in a valid status . But one thing I realized she could only type what I have told her because after the interview she told me she made four changes though the 3 had no big impact just because they were in the form like missed putting my nationality etc… But wat I realized is that she could only type few things of wat she could ask me I because she was interviewing while typing the report ,so can’t tell alot but i know since you have the experience in this you can predict the outcome
Thank you
I cannot predict the outcome. It is her job to type basically everything you say. Whether she did her job or not, I do not know. If you are in legal F-1 status and still a full time student, you should not be referred to court. I wrote about the procedure if the case is denied on February 21, 2018. Hopefully, you won’t need to know about that. Take care, Jason
Hi,
My name is Saira I came to USA on B2 visa in November 2002 from Islamabad Pakistan.
I Got married here in Feb 2003
My husband came to USA in 1994 seek asylum
The case went on until 2008 when the judge finally grant him asylum status
In the meantime his father came on immigration on his older brother’s behalf
Before his asylum granted on 2008 the same judge rejected him twice by finally granted him .
On his case I got asylum derivatives status on first and in may 2018 finally I got my green card.
In 2015 after sending 3 injury letters that why isn’t his green card application , that was submitted in 2009 is being answered INS rejected his green card allowing him to work and stay.
The lawyer said we can appeal in high court by due to fight the decision ,but couldn’t do it yet for financial reasons . Now my question is that on asylee derivative status can I visit my home country Pakistan ,that I personally don’t have a up threats I met my husband here but he is from same city I am from but we did not know each other before marraige , please confrim can i visit my home country Pakistan before my citizen ship, as i didnt visited Pakistan since i came here and i have family sisters and parents in Pakistan. My father n mother visited me in this time period.
A derivative usually does not have trouble if she visits the home country. However, if you want to be extra careful, keep the trip short and be prepared to explain why you went and that you were not in danger (the threat was only to your husband), just in case you are asked. I have not heard about derivatives having a problem though. Take care, Jason
Hello thank you for your information
I did my interview last month mid MAY but I wasn’t all that well I had good evidence but problem came in the interview because I had alot of evidence to extent some didn’t talk about it and the officer couldn’t allow me explain to her because she had specific information she wanted and. She interviewing me while typing what I was telling her so I totally messed up but she printed a document and said they will mail my decision but whenever i recall the interview i totally keep wondering whether i will get postive response the officer was nice when she’s not carrying on the interview but whenever it could be interview time she could become rough I don’t know why ? She acted like someone who already made a decision before i appeared for the interview and I thought she was supposed to give me time to explain my case but all that wasn’t done because she seemed to be in a rush and like as if she had her decision before I came for interview and remember I had no attorney to represent me since I’m a student with no money
You really cannot tell much from how the officer acts. You may get a good result despite your bad feeling about the interview. We have seen that many times. Good luck, Jason
Hi,
I and 2 of my kids have the GC after asyllum case. I have another 2 children who are american and have the US passport. I came by myself without my husband to US so Im the main person in the asylum case. Now after 2 years from having the GC, I want to go back to my country Iraq to see my husbund who applied two times forvisiting visa but they denied him. The kids want to see their dad. I went last year in summer to Turkey to meet him and also in Christmas I went to jordan and I met him. But it’s too expensive to stay in hotels for a family of 6 persons. Therefore, I have to go back to Iraq to meet himthere. I had an appointment with the USCIS and eplained all that to them and they said you can go to Iraq but you may face extra questions when you come back to US. My question is what should I do to decrease the risk of not entering the US again after my trip?! Should I apply to re-entry permit or RTD?! The USCIs told me that I have a GC so no need to file any thing. Whoever, I want to be in the safe side?! What should I do?! Thank you, Sarah
It is probably better to have an RTD, especially if you fear the Iraqi government, but you can travel without it. Most Iraqi cases, the person does not fear the government, and so those cases are less of a problem if you return. I would keep the visit as short as possible and after you come back, be prepared for questions about the reason for the trip and how you stayed safe. You might also have evidence of that available if you need it (maybe saved in your email or something so you can get it – like evidence that your husband’s visas were denied). You certainly can be questioned about the travel, and if USCIS thinks the original case was a fraud, they could try to take away your status. Of course, you (or your US citizen children, if they are over 21) can petition for your husband to come here with a GC. You might want to talk to a lawyer about this, as I do not know the details of your case, and a lawyer can help you sort it all out. Take care, Jason
My us citizen kids are 2 and 3.5 year old . But do you think having us citizen kids will help me to enter the US port?!
Thank you for the reply. I don’t have an attorney! Can you send me your info so that I contact you? Thank you, Sarah
My email is jdzubow@dzubowlaw.com. Take care, Jason
Maybe, but it depends mostly on whether the border agents think you are eligible to enter. Take care, Jason
Hii
I applied a asaylum and I got an interview and it transferred to Imigration judge after a day my mother in my home country attacked by the terror group she now in hospital bcz of that I got in depression and I went 16 times in emergency due to panic attack and I didn’t control my feelings towards my mother I went back to my home country bcz of my this situation I have a threat from this terror group I am going to come back again in USA with my f1 visa till valid 2019 I have all my doctors document how I can come back and face Imigration problem in a port of entry please help me with that .
You could face problems at the port of entry. If they think you will violate your F status by seeking asylum, they could refuse you entry. If they do, you can ask for asylum or leave the US. If you ask for asylum, you likely will be detained, at least for a while. I recommend you make sure you have all the documents you need for the asylum case and all evidence. Also, if you have a lawyer, contact the lawyer and say what you are doing and make sure to give the lawyer a copy of your documents. If you do not have a lawyer, maybe have a friend in the US help you, and keep copies of all your documents, and maybe have contact info for your family too, so if you are detained, the friend can help get you out and pay a bond. Good luck, Jason
Hello Jason,
Do those rules apply to the refugee’s spouse with GC Category RE7?
I think not. However, any trip by any member of the family to the home country could raise questions with USCIS, so you should at least be aware of the possibility and be prepared to explain (with evidence) why you made the trip and how you stayed safe. Take care, Jason
Thank you, Jason. My husband got his refugee status because of his nationality. I have a different nationality and it is the title (main) nationality in this country so I am not in danger. Does this sound reasonable?
I think a person only takes a risk if she goes to her own country of nationality where she fears persecution. If the person goes to another country (even a dangerous country), it should not affect the asylum/GC status. Take care, Jason
hi Jason , i came in USA on transit visa later i applied for asylum .its over six months application is still pending . i want to widraw it because i need no go back home country .how can i do that ? will there be any problums at airport while going back to home country ? is it necessary to widraw asylum application ?
please guide me .thank you so much
Please see the previous answer. Take care, Jason
hi Jason , i came in USA on transit visa later i applied for asylum .its over six months application is still pending . i want to widraw it because i need no go back home country .how can i do that ? will there be any problums at airport while leaving the country ? is it necessary to widraw asylum application ?
please guide me .thank you so much
You can try to withdraw, but that is not always easy. 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. If you cannot withdraw the case, you can still leave, but eventually, you will get a deportation order (when the case is denied after you don’t show up) and this will make it much harder to return to the US in the future. But leaving now should not be a problem. Take care, Jason
thank you so much ,can i depart from any airport or any state ?
Leaving the US should not be an issue – you can leave from anywhere. Take care, Jason
Hi Jason,
First of all you are amazing putting this much effort helping people.
I came to US as refugee and then got GC but I am trying to travel to my country because my mom is sick and I will travel to Afghanistan with Afghan passport.
I tried to obtain RTD twise but they kept returning it for some sorta payment issue.
Will I have problem reentering US or later obtaining citizenship?
I doubt you will have a problem re-entering the US, but it would be better to have the RTD. When you apply for citizenship, you need to list every country you visited, and so you should have evidence of the reason you went to Afghanistan (medical records of your mother), and of how you remained safe while there. I would also keep the trip as short as possible. Take care, Jason
Tom
I did my interview on May 16 from Chicago but the officer was so tough on me she couldn’t allow me tell her my story she had her specifics she wanted to hear and she was like in a rush talking to me while typing and looked so busy. I am worried I don’t know whether she will give me postive results
Thank you
The officers need certain information from you, and it is not necessarily the information you think they need. So maybe her questions were just designed to get the info she needed. We have seen cases where the interview (seemingly) did not go well, but the result was positive, so hopefully you will get a good result. Take care, Jason
Is it true that it’s hard for somebody on a student visa to be granted Asylum? Because my friend is on a student visa but people told him it will be hard to grant him Asylum since his on a student visa
Thank you
I have not seen that – We have represented many students, and I do not see that it is more difficult (or less difficult) for them to win asylum than for anyone else. Take care, Jason
Hi, Jason.
Thank you. I appreciate your efforts. May Allah continue blessing you for the great work you are doing.
When you feel like coming to Uganda-East AFRICA just let me know. Am ready to foot all bills while you are here in Uganda.
I once wanted to apply for asylum in the USA but after following your page I gave up.
My humble request is that, Please keep it.
Sorry you gave up – The system is still functioning, even if the boss (i.e., Trump) is a liar and xenophobe. Anyway, if I make it to Uganda, I will let you know. I could use a vacation. Take care, Jason
Hi, I got my Green Card based on Asylum and next year i will be applying for US citizenship. While living in the US for more than ten years, now things are much safer in my country and their are very less fear in my home country, that is why after getting my US citizenship, i am planning to move back to my country to re-start my business, and come back to US once or twice in a year for a short period of time. My question is, after becoming a US citizen, is it going to be any issue if i stayed in my home country for most of the time and comes back to US for few days or weeks?
I don’t know your case or your country, so it is difficult to say much. However, in general, once you are a US citizen, you would be able to return to the home country. The only issue might be if the travel caused the US government to believe that your original asylum case was a fraud. Given that it was dangerous in your country at the time you applied, I doubt this will be a problem, but without knowing your case, I cannot say for sure. Maybe talk to a lawyer to go over the specific situation, just to be on the safe side. Take care, Jason
Hi
I have been granted asylums “religion asylum” through my dad back in 1997 and I was 19 years and 7 month old.
I will be 40 years old this August of 2018.. and since we came to the USA in 1996 we never visited our home country again “Egypt” .. and since then I am a legal assyle but I don’t have a green card yet. Is it safe for me to go visit Egypt for less than 30 days and come back ? I just want to visit the country I miss it very much I was young when I left it and it’s about 21 years now never been there and never went out of the USA. Can I go visit for a short trip and come and enter the USA safely ?
I would appreciate your advise 🙂 thank u very much 😉
I would get the GC first. You take a risk if you return to Egypt as an aslyee. Also, if your father is a US citizen now, or if he has passed away, you likely have lost your asylum status. You should be careful about that before traveling anywhere. In either case, I recommend you talk to a lawyer. If your father is still an asylee or has a GC, then you should still have your asylum status. I do think you should apply for the GC immediately though, as that will make your situation more secure. Take care, Jason
For the last 21 years you never bothered to adjust status to permanent resident? You took a huge risk! This is because if things should improve in your home country, your asylum status could be revoked and you would be forced to return to your home country! It has happened to some people before. You should file for your green card asap! There are 2 USCIS centers that process asylum-based i485s: Texas Service Center (TSC) and Nebraska Service Center (NSC). NSC is much faster in adjudicating i485s (4 to 8 months) compared to TSC (16 to 26 months). Given the urgency of your trip, if you live in one of the states under TSC’s jurisdiction you might end up having to wait for almost 2 years for the green card, whereas it you would get it in 4 to 8 months if you live in a state under NSC’s jurisdiction (you can look up these states on USCIS’ webpage for i485-where to file/direct filing addresses). In addition, you may apply for your travel document (i131) the same time you file for your green card free of charge without paying any fees for the i131. Like Jason said, I would definitely wait till I become a permanent resident before I visit my home country. Travelling to Egypt while still an asylee could trigger the government to look into your case again (given how long ago you were granted asylum) and reevaluate your current country conditions to see if they have changed (most likely things may have improved over the last 2 decades) and if they have truly changed, you might risk losing your asylum status. It is not worth the risk.
Hey ,Jason. If I got my green card thru Asylym in the USA.Can I go to my country get married to my girlfriend and bring her to the USA with me ?. Thank you very much in advance.Please let me know ?.Or what other ways for me to bring her here.
I think you do take some risk if you return to your country. You can minimize the risk as discussed in the above article, but there is still some risk. It would be safer to marry her in a third country, if possible. Once you are married, you can file an I-130 petition for her, but the wait time is about a year and a half. If you were a US citizen, you could bring her here more quickly or do a fiancé visa, but with a GC, there is a waiting period (you can see the wait time if you Google “DOS Visa Bulletin” and check the May 2018 chart). Take care, Jason
hi , is it possible to go back home country after applying affermative asylum application ? will the USA let me leave or creat problums while on exit ? thank you very much
You can leave, and that should not be a problem. Returning here in the future can be difficult, though. At least you should try to withdraw your asylum case. Contact your local asylum office to ask about that.You can find their contact info if you follow the link at right called Asylum Office Locator. Or talk to a lawyer for help. Take care, Jason
Hi Jason.
A week ago left my country in Central America because of death threats and persecution from the government. I’m a human rights/lgbtq activist in my country and I’m in a safe house now in a different Latin American country. I currently have a 10 years US tourist visa and I’m considering applying for asylum in USA since I can’t go back to my country as long as this government is office. What do you recommend me to do? Should I enter USA and star asylum process once there or what should I do?
It’s up to you. Many Central American cases are denied in the US. However, yours seems to fit into the framework for asylum much better than most. For LGBT cases from CA, I think there is a high grant rate, at least in my office (my law partner does many such cases) and yours sounds even better than that since you are an activist. So my guess is that you have a decent chance for asylum. If you come to the US and ask asylum at the border/airport, you will likely be detained and do the case from detention. If you enter the US using your visa, you can file for asylum “affirmatively” and you should not be detained. Take care, Jason
As a matter of fact, based on BIA ruling Matter of C-J-H- and reaffirmed in Matter of N-A-I-, Asylum status is terminated once the applicant adjusted to LPR! (an alien’s adjustment from the status of an alien granted asylum to that of an alien lawfully admitted for permanent residence pursuant to section 209(b) of the Act terminates the alien’s asylee status.)
That means, there is simply no way for USCIS to terminate LPR status simply because the green card holder is get LPR through asylum and go back to home country.
I have not looked at the law on this, but my concern is that USCIS will use a return trip to claim that the original asylum case was fake. They are bending over backwards to make things difficult for everyone, and so I fear they may try that here as well. Thank you for the info; it is helpful, Jason
I asked the question during this month’s stakeholder meeting. The response is that USCIS will NOT terminate asylum status of LPRs (of course, unless there is fraud or some material error).
The main issue here, is that there will be no difference between LPR and asylee status (other than eligibility for citizenship) if USCIS could terminate asylum status (and thus LPR itself) for LPRs.
There are multiple grounds for a termination of asylum status. Such as change of country conditions, which might have nothing to do with asylee themselves. If that is the case, LPRs will not have rights to permanently reside in US and constantly face deportation.
While DHS could argue the original fear is not genuine if the applicant return back to home country, it will be a tough case to prove.
Under the current law, asylum LPR is a done deal. As long as the asylee is telling the truth when getting asylum, and fit into the definition of a refugee when applying for AOS, it’s done. The government has no right to revoke asylum grant after AOS solely because change of conditions AFTER AOS.
Hi Jason. I got my green card based on asylum from Afghanistan. I’m born and raised in UAE. I traveled to UAE to visit my immediate family 3 times back and forth on Afghan passport since UAE does not recognize refugee travel document. Would it be an issue for me during the process of naturalization?
Also, I’m taking a trip to Australia on Afghan passport as well to visit my sister and then trip to Thailand to assist my mother for her treatments. Would i be fine if I’m taking trips to the above mentioned countries? Note that: i will be returning from Australia to US with Afghan passport.
You should be prepared to explain why you used the Afghan passport and not the RTD. This means getting something in writing (of possible) that UAE does not accept the RTD. I think for other travel, you are better off with the RTD. My guess is that even if you just used your passport and the GC, you will be alright. However, these days, USCIS is looking for any excuse to deny a case, and if you use your Afghan passport, they may decide to give you trouble about it. So my recommendation is to get the RTD and try to use it where possible. Although the risk may be low, using the RTD will reduce the risk even further. Take care, Jason
Jason D,
BIA holds that ‘…an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United States without the advance permission of a refugee travel document.” Id. at 192. An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution.’
As BIA’s decision is binding for USCIS and IJ, unless congress passed new laws or new precedents are set, legally speaking, LPR can use whatever travel document of their choice because they enjoy the full rights of LPR just like any other type of unconditional LPRs!
That is helpful, but again, my concern is that USCIS (or some other government entity) will view the use of a country passport as evidence that the original application was a fake. Take care, Jason
My mom green card category said AS7 and she went back to my country and come back with no.problem, but my brother green card category said AS8 and he can not go, what is the different?
I am not sure why you think he cannot go. I do not know all the categories, but my guess is that one person was the main asylum applicant and the other person was a dependent, but I am not sure. Take care, Jason
Hi Jason,
My friend got his green card through Asylum. He went back to his home country to get married before this oath ceremony. the oath ceremony letter took too long to come, therefore he had no choice but to travel for a short period of time since the dates were already fixed. Now would like to file for his spouse. will the fact that to travel back to his home country before taking the oath be a problem when filing for his wife?
If he is now a US citizen, I do not see how his prior return trip to his country would affect an I-130 petition. I suppose you never know (especially if he lied about the return trip somehow), but my guess is that there will be no effect. Take care, Jason
Hi Jason, I just received my green card as a asylum, category say ASY, can I go back to my country for a week and come back with no problem?
If you return to your country, even with a GC, you risk problems with USCIS. They might conclude that the original asylum claim was fake. If you must return, keep the trip short, have evidence about why you needed to go back (to see a sick relative for example), how you stayed safe, and be prepared to explain the trip. Take care, Jason
Hi Jason.recently i withdrew my I 589 case left the country and received a letter from USCIS informing that my case is terminated according to my request.
But still have existing B1 visa.So can i use it for entry into the country as tourist?
You can try, but whether you would have trouble when you arrive here, I cannot predict. If the Immigration Officer thinks you plan to violate the B visa, they could deny you entry and force you to leave the US immediately. Alternatively, you could claim asylum at the airport, but you would most likely be detained and have to do your asylum case with a judge. Take care, Jason
hi jason , i want to widraw asylum application from asylum office . how to widraw it and also after widrawing can i depart from USA from any state ?or i need to depart from the same state where my case is ?
thank you very much
It is not always easy to withdraw. You have to 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. As for leaving, you can go from any airport – that does not matter. Take care, Jason
Hi,
my wife and i just got our Permanent residence (Green cards) and we are planning a trip to my wife’s country ( Lebanon ) , our asylum is based on my country of origin ( Syria ) ,
we didn’t renew our passports because they are still valid till 2020 Last renewal was before we applied for asylum,
My Question is ; Do i have to apply for the Refugee travel document even though my passport is valid without the need for renewal and our travel is to my wife’s country not mine. Please keep in mind the following :
1: Lebanon does not accept the US refugee document instead of a passport for Syrian citizens
2: Lebanon and Syria are neighbor countries would this cause me any issue upon my return to the US?
I do not think you will have an issue visiting Lebanon. It would be better to travel with a RTD, and it is good to return with one to the US as well. US Immigration could question your travel with the Syrian passport, so you should be prepared for that. I doubt it would be a reason to try to take away your asylum, and you can explain that Lebanon does not accept the RTD, but I think if you enter the US with the RTD, it may help avoid some of these issues (even if you enter Lebanon with the Syrian passport). Take care, Jason
I appreciate your reply Jason, That’s what i will do, i was just filling the i 131 as i was waiting for your reply and hopefully they will be with us in time for the trip, If i apply now and submit Biometrics in a month or 2 but if they don’t send me the RTD in time for trip would you advice me to wait and postpone trip or to request their delivery to the US Embassy in Lebanon since i will be staying there for 21 days
I can’t advise you about that, as I do not know how the timing will work out. I recommend that people do not travel until they have the RTD in their hand. Trying to get USCIS to send the RTD to the embassy during a particular 21-day period seems risky. If you can’t get the RTD and you must travel with only the GC and your passport, you should be able to return to the US. However, you might face consequences concerning your immigration status. Take care, Jason
Hi Jason,
Firstly i would say you are so kind person that you gave good advises to your followers in comment section.
I have a question too, i am refugee in Thailand. and i visited my homeland for a short period just because i was running out of my visa and i was 1 day overstayed in Thailand then i decided to make my visa from my home country. cause in Thailand police commonly search Pakistanis and other aliens those are overstayed. It was crackdown in Thailand
my kid who is 3 years old. he have seizures problems and doctor advise us to get him frequent treatment to the nearest hospital whenever he have high fever. and in detention center many people died already by different diseases so i dont want to be a part of that so for protect my family i did that because if we caught by police they put us in detention center and it will life risk for my baby. so i decided to run with visa.
Please advise me in your view is that ok? i have all proofs
Sorry, I do not understand the question. Maybe you can try again to say what you need. Take care, Jason
I am a green card holder based from asylum and renew my passport but I didn’t go home country I just went for vacation for 5 days only in a amother country . Can this effect me when I apply for citizenship because I renewed my passport???
It should be alright, though it is better to travel with a Refugee Travel Document (form I-131, available at http://www.uscis.gov). You may need to explain why you used your passport, so be prepared for that if it comes up. Take care, Jason
Hi
I applied asylum in USA in 2014 and my case was forwarded to the immigration court and it’s hearing is in November 2019.
For being all alone with a child I came back to my home country and tried to go back to USA in June 2016 but I was sent back from Abu Dhabi airport.
How can go back to the USA now ?
If you leave the US while you are in Immigration Court, it is probably considered a deportation, meaning you are barred from returning for (I think) 10 years. You can apply for special permission to return early (and you may be able to return if you have a spouse in the US who wins asylum). Talk to a lawyer about your options, but most likely, there is no easy way to return. Take care, Jason
Hi Jason.
I have a question. If you got an asylum and a green card after but over time your views are changed and your home country is no longer a threat to you but you already met someone in usa and want to start a family should you just keep going with it and apply for citizenship or you can somehow change it and re apply thru marriage avoiding future possible problems.
I think you cannot apply for a marriage-based GC if you already have a GC based on asylum (but I am not sure about that). Even if you could, it would not erase the asylum case and so you could still face consequences if you return to your home country. Take care, Jason
Thank you for response. More curious about it if present government decided to take it back. No need to go to home country at all.