A common question for asylees (people who have been granted asylum) is whether they can travel using their home country passport. If all were right in the world, this would never be an issue. Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document, and it is best to use the RTD instead of your home country passport.
Unfortunately, the RTD is valid for only one year, takes 10 or 11 months to renew, and is not accepted by many countries. For these reasons, asylees (and people who received a Green Card based on asylum) are often unable to use the RTD and are left with a difficult choice: Either skip the trip or travel using the home country passport, which can potentially have negative implications for a person’s status in the United States.
In this post, we will talk about the RTD and then discuss travel using a passport from your home country.
For asylees, the best way to travel and return to the U.S. is with an RTD. But the problems with the RTD are many. First, not all countries accept the RTD. You can find websites that purport to list nations that accept the RTD (with or without a visa), but it is unclear whether such information is reliable. The better approach is to contact the country’s embassy and ask directly. Some embassy websites even have information about whether they recognize the RTD and whether a visa is required.
A second problem is that the RTD is valid for only one year and renewals currently take almost a year. If your RTD is valid and you want to renew it, you need to send the original RTD along with your application for a new travel document. While I have heard about people applying for a new RTD without sending the original, the instructions are clear on this point, and if you have a valid RTD and fail to include it with your application to renew, you risk rejection. The solution would be for USCIS to extend the validity of the RTD, an idea that has been floating around for years and whose time is long overdue.
Despite these issues, for asylees who do not yet have a Green Card, the RTD is usually the only option, since that document is required to re-enter the United States (an exception might be an asylee who also has TPS or who has applied for a Green Card based on a family relationship or employment–such people can obtain Advance Parole).
What about an asylee who has an RTD, but who uses her passport to enter a third country? This is a common scenario, since some countries do not recognize the RTD. Would an asylee be at risk of losing her status if she travels with her passport?
There are several reasons that a person’s asylum status can be terminated, including two that might be relevant for our purposes: (1) if there is “a showing of fraud in the alien’s application such that he or she was not eligible for asylum at the time it was granted” and (2) if the asylee “voluntarily availed himself or herself of the protection of the country of nationality… by returning to such country with permanent resident status or the reasonable possibility of obtaining such status….”
Using a passport issued by a government that seeks to harm you may raise suspicions about fraud. You could be asked to explain why you used the passport and why your home government issued you a passport in the first place. It is worth thinking about these questions before they come up, and having an explanation ready in case it is needed. One common explanation is that the home government issues passports to everyone and does not have the capacity to track political opponents and deny them passports. Evidence for this might include news stories about opposition political figures who travel abroad (presumably using their passport). If you do not fear your home government, but instead fear non-state actors (such as terrorists or violent family members), this is obviously less of a concern. Even so, be prepared to explain the situation, just in case you are asked.
There is also the issue of voluntarily availing yourself of the protection of your home country by using your passport (and thus placing yourself under the home government’s protection). However, this provision only applies if you return to your home country and does not apply when you use your passport to travel to a third country. So unless you go to your home country, this should not be an issue.
Here’s another scenario: You have a Green Card and a valid passport, but you do not have an RTD. Can you travel and return to the United States?
First, you can re-enter the U.S. using your Green Card, as long as your trip was for less than six months (keep in mind that any Green Card holder can abandon his residency if he spends too much time outside the United States).
Second, in terms of a risk to your status based on use of your passport, the only real issue here is whether your original asylum case was fraudulent, as discussed above. As long as the U.S. government does not conclude that the asylum case was fake, you should be fine.
In general, the risk to your status caused by using your passport is probably minimal, though it is not zero. In my own practice, I have many clients who received a Green Card based on asylum and who traveled using their passport. None has had a problem re-entering the U.S. or during the naturalization process.
For asylees and Green Card holders who received status based on asylum, it will always be better to use the RTD. However, where you must use your passport, you should be prepared to explain the situation. In this way, you can minimize any risk to your immigration status in the United States.
Hi Josan,
I am an asylee and I have an RTD.
I just applied for a green card, can I travel outside the US and reenter using only the RTD while green card application is still pending?
Or is an Advance parole approval required?
I am asking this because of what I found in one website and it got me confused.
https://www.immigrationhelp.org/learning-center/what-is-advance-parole-and-what-is-the-application-process
I cordially appreciate the amount and quality of content you share generously on the topic of asylum.
You can travel with the RTD for as long as it is valid. For asylees, that is the best travel document. Take care, Jason
Hi Jason thanks for the very useful information. My question is I am holding green card based on asylum can I use my COP for any 3rd country is there any issues with my neutralization?
Thanks
I think you are asking whether you can travel to a third country using your passport? It is probably ok, though it is better to use the Refugee Travel Document if you can get that. I wrote more about this above, but I have had many asylee clients travel with their passports and no one has had any issues. Nevertheless, you should be prepared to explain why you used a passport from a country that seeks to persecute you, just in case you are asked. Take care, Jason
Thank you so much for answering those questions. I checked the uscis processing time for RTD it shows 17 months. So, I applied for myRTD 5 months ago, and I really can’t wait 17 months. Please advise me how to expedite my already applied RTD case?
Thanks again!
Hi Jason,
I would like to thank you for all the articles and your responses to everyone’s questions. This is really a great resource for everyone. I read some comments above about renewing national passport. I renewed mine this year because the country I visited doesn’t accept RTD. I’m applying for citizenship next year, would like to know if it can come up during my citizenship interview that why I renewed National Passport. I applied online and they did security clearance (as I was getting email notifications on status). What are the odds I can be questioned or denied citizenship because I renewed and used my national passport. I didn’t visit my home country. Thank you.
I think it could come up, and you should be prepared to explain. I think the likelihood that this will result in being denied citizenship is very low. The only way that would happen is if getting the passport causes USCIS to think your original asylum case was fake. Since you had basically no contact with that government and did not travel to the home country, you should probably be fine (even more so if you do not fear the government, but fear non-state actors like terrorists). Nevertheless, it is good to be prepared to explain why you got the passport in case you are asked. Take care, Jason
Hello Jason
Thanks for all the help you provide regarding asylum issues. I have a green card from my Asylee status. I also have RTD that will expire in December, my question can I travel with it when it’s 9months or 10 months old if there is a visa on it.. wanna make sure am doing the right thing.
You would have to check with the country you plan to visit to be sure they will accept you, but as long as the RTD is valid, you can re-enter the US. Take care, Jason
Hello Jason, the help you’re doing for people like us it’s a really blessing for you!! I have some questions please reply!!
1. I applied for RTD and EAD as an asylee but I haven’t received the RTD yet, the EAD I got it, but still says not valid for reentry for USA. Why is that? Isn’t it the advance parole?
2. As an Asylee can I travel to a third country only carrying RTD document?
3. I saw some EADS bottom it says serves as advance parole, but mine say not valid for reentry even though I’m an asylee why is that?
4. Can I travel few and more countries with the RTD, 1year of the valid period?
5. How long does it take time to get the GC after applying?
6. How long does it take time to get the RTD?
7. How often can I renew the RTD?
8. With RTD ,Is it safer to travel while you haven’t applied for GC?
9. With RTD ,Is it safer to travel while your GC application is pending?
10. Am I good to travel with RTD even though my EAD says not permitted to reentry to us?
11. What’s advance parole related to asylee? And which document?
Thank you!
1 – No – the RTD is a separate document. If the EAD says you cannot use it for re-entry, it is not AP and you cannot use it to return to the US. 2 – You can use your passport, though that could create issues. I wrote about that in the above article. 3 – Yes, asylees need an RTD, not AP. 4 – You can go anywhere that will admit you, but obviously, it is a bad idea to go to the home country. 5 – Unpredictable, but most cases are taking 2+ years. 6 – Usually 1 year or a bit more. I think the processing time at http://www.uscis.gov is now 17 months. 7 – As long as you have asylum status or a GC based on asylum, you can renew it. 8 – I do not know how it is received in other countries, but you can use it to return to the US as long as it is valid. 9 – Yes, as long as you attend all USCIS appointments. 10 – Yes, use the RTD to travel and re-enter the US. 11 – AP is for people with a case pending. Once you got asylum, AP does not apply to you and you need the RTD. Take care, Jason
Thank you so much for answering those questions. I checked the uscis processing time for RTD it shows 17 months. So, I applied for RTD 5months ago I really can’t wait 17 months. How do I expedite my already applied RTD?
Thanks again!
It is not easy, but you can try. I did a post about expediting in general on January 29, 2020 and maybe that would give you some ideas, but basically, you need a reason and you can call them (800-375-5283) to ask. Take care, Jason
Hi Jason
May 11, 2023
Hi Jason, Thank you for the helpful information you provide on this blog. My was granted asylum on may 03, 2023 and we are filing for an I730 and we have been separate for 6 years she travelled while she was pregnant and I have not seen my daughter since she was born, as it stands it take about 2 years before I can meet again.
My question first question is this, can I travel to another country while waiting for the I730.
Second, I have an opportunity to travel to Canada. Is it possible to visit her and if I do, what are the possibilities of staying.
I will really appreciate your feedback on this.
You can travel to another country, including Canada, and you can potentially do consular processing there for the I-730 when the time comes, but it is best to include that info when the I-730 is filed with USCIS (as this is easier than changing locations later). If you can get to the US, you can stay here and process the I-730 here. If you plan to do that, talk to a lawyer first to be sure, as I have never filed an I-730 and then the person came to the US after it was filed. I see no reason why that would not work, but I have never looked into the question and so I am not sure. Take care, Jason
Hi Jason, thank you for the interesting article. I have a similar issue to what everyone has here. I currently have a green card based on asylum. My cop passport expired two years ago. When I applied for a green card as an asylee, I also applied for RTD and it was issued in July last year. The RTD is valid for only one year and would expire in July 2023. I need to travel to Iceland in August to attend my close friend’s wedding. I applied for a new RTD on February 1, 2023 (the old RTD was destroyed by USCIS), but it takes 17 months to get a new RTD now. What are my options? Do you think I can expedite my case because this is my 2nd RTD or wedding is not a valid reason? The second option is to renew my cop passport (while the government is involved, it’s more of current laws that put me in danger), but I’m wondering if that would affect my asylum case in any way. I don’t plan to travel to my home country (Russia). Do you think the fact that it is now takes 17 months to get a new RTD is a valid reason to use my home country passport to attend a wedding for a week in Iceland? Thanks!
Unfortunately, lots of people are in this situation. You can try to expedite the RTD. Maybe you have other reasons – do you have any sick relatives to visit anywhere in the world (aside from Russia) that you might want to visit? Maybe that could be a reason. Once you have the RTD, you can use it to travel anywhere you want. Most likely, that won’t work and you will have to use your passport. If so, just be prepared to explain why you used the passport (because you could not get an RTD). I think the chances of a problem are very low, and it is easy to explain the situation. Maybe it would be slightly worse if you had to get a new passport, but I have had many clients use existing passports to travel and no one has had a problem. Even so, it does not hurt to be prepared to explain why you traveled with your passport. Take care, Jason
Thank you for your reply, Jason! Would I have any problem at the US airport when I come back from Europe? Would I be required to explain to the border officer why I traveled with my cop passport or would those questions arise only when I apply for the citizenship? Also if I don’t travel with the cop passport, am I allowed to renew it so that I had another form of identification? Am I required to notify USCIS if I renewed my cop passport? Thank you.
I doubt you would be questioned about that when you return, but you could be, so it is best to think about how you will respond. You can also renew your passport, but that could raise similar concerns from the US government. I have had clients do these things with no problem, but I do think it is best to think about how you will respond if asked at the airport or during the citizenship interview. Take care, Jason
If I have travel document and green card can I go to Thailand?
Maybe someone here can answer, as I do not know. You might check the Thai Embassy website as that sometimes tells you, or you can try to call the embassy to ask. If you have a valid passport, it is probably a good idea to bring that too, in case you need it for anything. Take care, Jason
Hi Jason. I am so glad that I landed into this helpful blog of yours. I have a question with regards to emergency travel document. I am a derivative asylee and my wife is a primary asylee. We both applied for I-485 on October 2020 and still pending. We both also applied for RTD on March 2022 and I received my RTD last year October, but my Wife’s RTD is still pending. Now that we have an emergency situation (serious medical reason of my Father) and need to urgently travel to third country (not COP) where my Father is receiving his treatments. My wife called USCIS last week and explain the situation. We were hoping that they would expedite the processing of RTD but instead they booked an appointment at the local field office here in Texas and asked her to go to Office to apply for emergency travel document (with new I-131 FORM). Now, I wonder if the local field office, if approved, will issue a RTD right away or will they issue an Advance Parole to her to allow her to return to US after the temporary trip. As much as I know Asylee will not get Advance Parole and only get the RTD. Do you have any experience on such situation? Your quick response would really be appreciated. Thank you!
Hopefully, they will issue the RTD, but I do not know for sure. The RTD is the appropriate document for an asylee and so I would push for that, but I do not know whether they have the capacity to issue such a document. If she has a valid AP, that would allow her to enter the US, though she would need to use her passport to travel (which is discussed in the above article). I guess as she has either AP or the RTD, she will be allowed to re-enter the US, but hopefully, they will issue the RTD. Good luck, Jason
Hi Jason. Thank you for your quick response on this. I am also hoping that they issue RTD because I am not sure what would be the consequences for returning Asylee with Advance Parole. Do, you know whether or not AP will affect her Asylee status in anyway once she is paroled back into U.S after her return, specially that our I-485 is still pending.
I do not see how it would hurt the I-485, but I have never researched that issue. I suggest you see if she can get an RTD, and if she ends up with AP, maybe talk to a lawyer to see if there are any concerns – I suspect not, but I do not know for sure. Take care, Jason
Hi Jason. Thank you so much for your quick response. We are also hoping that they issue her the RTD. Do you know if they issue her with AP, that will have any effect on her Asylee Status (Pending GC) after she will be paroled back into the U.S? Or, will that automatically put her into Asylee status? Thank you again.
I believe she should still have her asylee status and should still be eligible to adjust, but like I say, if she ends up with AP, maybe it is worth looking into a bit more to be certain there are no issues. Take care, Jason
Hi Jason. Sorry about the duplicate message. I had posted it and didn’t see it for quite some time and therefore re-typed my question. But, really appreciate your response. This is very much helpful.
Hi Jason.
We went to the Filed Office today and I wanted share with you what happened. We were told by the Officer/Supervisor that Asylees are not eligible for Advance Parole, and should only get the Refugee Travel Document. They don’t have the ability to issue us with Refugee Travel Document in emergency situation. So, they went ahead and requested an expedited process for my Wife’s pending Travel Document Application. The supervisor also told us something that shocked us. We had never heard of it before. She said that since my wife has a valid Passport from COP and the Asylee I-94 that should be enough to travel and return to United States with no issues. She said Refugee Travel Document is only needed for those Asylee/Refugee who doesn’t have a valid Passport. Do you know anything about this? Do you know if anyone traveled and returned with valid passport and Asylee I-94? Please share your experience and thank you in advance!
I guess I am not surprised that they won’t issue AP – I thought maybe they would do it based on a pending I-485. In terms of travel, I have not heard that and I would only do that after talking to a lawyer to check the law, since it is not uncommon for USCIS people to give wrong advice. I imagine if you left with only those documents, you would eventually be able to return, but it would probably involve a lot of difficulty and stress (and potentially weeks or months of delay stuck outside the US). If the RTD is coming soon, that would be safest. Take care, Jason
I have a quick question.
I came to the US through education opportunities about 5 years ago and then right when I was about to graduate civil war started in the country I am from. I was specifically from the region where the war started so I filed for asylum and my asylum got granted quickly. As time proceeded things changed in the country and it became safe to travel but I don’t have my RTD or GC but still would love to move back to my home country does that mean I wouldn’t be able to travel for either business to vacation purposes in the future?
You can always leave the US. However, if you want to return, you need an RTD or a GC. If you want to keep your status here, it is best to get the GC. If the US government thinks an asylee can safely live in the home country, they can take away the asylum status. They cannot do that for a person with a GC (though returning home could still potentially raise issues about whether the original asylum case was fake, and so you may need to explain that – as you did here). Take care, Jason
Hello! I would like to thank you very much for your informative replies. I have been looking for this kind of information for a long time. I have one question for you. My husband was persecuted by the authorities in Kazakhstan, now he has a Green Card. He is considering the possibility of flying to Armenia in order to get from there to Kazakhstan for several days using an internal Kazakh document, and then back to Armenia, after which he will fly back to the United States. Kazakhstan and Armenia have such an agreement, so it is possible. Thus, the Kazakh passport will not bear the stamp of the state of persecution. From your experience, tell me if USCIS has access to air carrier data and if they can somehow find out about traveling to the country of persecution through a third country if this is not mentioned in the passport. Have you had similar cases in your practice? Thank you very much!
I think you should assume that they will know, and if he is asked about his travel, he should not lie. Probably, they won’t know, but if they do, and he lies, it will potentially cause big problems. If he says that he went to Kazakhstan, it is less likely to create issues, but he should be prepared to explain why he went and how he stayed safe while he was there. I wrote more about this on January 6, 2016. Take care, Jason
Good morning Jason!
Just wanted to express how frustrated I was trying to find information about this, and how relieved I am to have found this site. My asylum was approved in February 2018, and last year in June I received my Green Card. As an optimist, I believed that I shouldn’t submit my I-131 form more than 60 days before my estimated travel date. Unfortunately, I only sent it in the first days of January 2023, and even though the payment was accepted and my fingerprints were registered, the processing time is 16 months.
I plan to travel to Argentina in April this year, I have my ticket, and I just realized that maybe I can travel with my passport and re-enter the United States with my green card. In my case, as a Venezuelan, my passport expired last year, but as Argentina and Venezuela are part of the MERCOSUR, I can enter with my ID card that is still valid. However, I am worried if this could affect my status as a permanent resident in any way.
I would greatly appreciate it if you could let me know if I am at risk of damaging my residency status due to this. Thank you very much in advance for your help.
I would try to expedite the RTD if you can – I wrote about expediting in general on January 29, 2020. I do not know whether you can get back to the US without a valid passport. If you are here, I guess you can enter with the GC alone, but I am not sure how you will board the plane without a passport (maybe you can, but I do not know). I would be very careful about this travel, as I think there is a risk of having problems. Maybe you can renew the passport, though I suppose that involves some risk that the US government would be suspicious of your asylum case. To be honest, I think that risk is lower than traveling without a valid passport or RTD. If you do plan to make this trip without only the GC and ID card, I would talk to a lawyer to look in to how you will return here, as I am not sure. Take care, Jason
Hello Jason,
I read a few of your blogs and really liked your on point responses.
My husband is from India but from a different state than mine. He was granted political asylum from the state of California a year back. We have been married for 7 years but my confusion is whether to stay on my individual H1B status or file i730 and get a GC under him. Please help me to answer the questions below so I can make a decision-
1. While I file my i-730 under him, Will my current H1B status be impacted which has 3 years of expiration left (i140 has been approved and the priority year is 2021)?
2. If I file my i730 and get my GC through him will I be able to travel to my home country as I do now on my H1B without any restrictions ?
1 – You can do both – you can keep your H1b so you can work and travel while you are waiting for the I-730 (there is no EAD for a person with a pending I-730 case). Also, an H1b is a “dual intent” visa, meaning that even if you have an intent to remain in the US permanently, there is no effect on the visa. 2 – You would get asylum once the I-730 is approved and then later apply for a GC. Dependents really have no issue returning to the home country. The only possible exception might be if his asylum case indicated that his whole family, including you, would face harm in the home country. Take care, Jason
Jason,
I’m a permanent resident based on asylum. My wife lives in Saudi Arabia (on work visa) . I have filed I-130 for her. But processing times are really long. I’m planing to visit her for max of 3 months. My RTD is still in process and asked SA consulate if they accept this as a valid passport. They said they don’t. My asylum case has fraction of home country government involvement in the issue that made me fled the country. I have a very strong case here and can back up with court verdicts and testimonies. I was able to get my national passport (not Saudi Arabia) renewed online (I didn’t have to go to embassy ). I’m just concerned what if I will be denied entry on my return from SA. I was wondering if I have all the documents (Marriage certificate) to prove that I visited my wife there, what else could cause any issue for my entry? Plus, in I-130 I have provided all the information related to her current employment in Saudi Arabia. Like the only reason I can think about is getting flagged for secondary inspection would probably be using NP and staying for 3 months. What I understood from the various blogs is that LPR can stay out of country for 6 months. But can border officer treat asylee LPR any different for the 6 months rule?
I doubt you will have a problem as long as the RTD is valid. And even if you do not have the RTD, you can return on your GC and passport. An absence of 3 months should not be an issue. You should be prepared to explain why you used the home-country passport, but it seems that you can explain it, and it is very unlikely to cause you any problems upon re-entry. I guess it is possible that they would send you to secondary inspection, but even that seems unlikely – many of my (former) asylum clients have traveled with the passport and GC and have not had issues. Take care, Jason
Hi Jason
I was a Hong Kong citizen that received asylum protection from the US. I still dont have the GC but currently hold the RTD, HK passport and the British National Overseas passport (BNO). The BNO is a British Government issued travel document and allows me to travel to many countries without visa. If I use that to travel and my RTD doesnt have any stamp from the countries I visited, will this give me trouble when returning to the US? Using the BNO, even though it doesnt give me a British Citizenship nor the right to live/work in UK, does it consider receiving protection from the UK government and jeopardize my asylum case? thank you!
You can re-enter the US using the RTD as long as that document is valid, and so I do not see how that piece of the story is a problem. If the asylum office knew about the BNO when they issued you asylum, that should be fine, but if they did not know, I think that could be a big problem. I am not familiar with the BNO, but it does at least raise questions about whether you were “firmly resettled” in another country. From your posting, it sounds like you are not, but I am not certain. If the asylum office was not aware of that document, I would talk to a lawyer about your situation before trying to travel overseas, just to be safe (also, if you did not tell the asylum office about the BNO, it could raise other issues, such as whether you failed to disclose required information; anyway, I am guessing that you did tell them about the BNO, but writing this just in case you did not). Take care, Jason
Hi Jason,
Thank you for this helpful blog. I’ve been a GC holder for a few months now. Got it through asylum for belonging to a social group hat was prosecuted in my home country. It has been over five years since I went back to my original home country. Things have progressed a bit and the aforementioned social group is not as condemned anymore, though they still can’t be out in public.
My closest friend growing up is getting married (in a city that’s different to where I come from) and I want to visit for his wedding in the summer. I did get a new passport from my original country. The government doesn’t care much and it’s more so the people that are discriminatory. I wonder if I’ll be okay going back for my friend’s wedding. Do you think my asylum case could be revoked due to using my original passport even though I have a GC now and have established a life here? Or from your experience, people haven’t had issues re-entering the US with their original passports and a green card?
Also wanted to note the my RTD has been pending for over 5 months.
Thanks!
I doubt you would have a problem returning, given that you did not fear the government. Nevertheless, you should be prepared to explain why you went and how you stayed safe, just in case you are asked about that. RTD processing time is more than a year in most cases, and so you may not get the document by summer. It is better to have that, but you should be able to re-enter with only the passport and GC. Again, be prepared to explain why you did not use the RTD, in case you are asked. Take care, Jason
Hi Jason,
There are countries that do not accept RTD, if I use my national passport to travel there and when I return I will give my RTD to immigration officer. Wouldn’t officer ask me for entry/ exit stamps on RTD. Just trying to see how I can use both. Also, any idea how long RTD processing is taking.
RTD processing time is probably 12 or 13 months. I doubt you would have a problem using your passport to travel, since many countries do not accept the RTD. That said, if you think using your passport will raise questions about your asylum claim, you should be prepared to explain (though I doubt this will be necessary). Take care, Jason
Hi Jason,
I read somewhere on Reddit that as soon as we get the RTD, we can apply for the next one. And when the case opens, they will ask to return the old RTD. I thought it is 120 days before the expiration of RTD you can apply for renewal. Could you please clarify that.
Also, my dad doesn’t speak English. He is permanent resident based on asylum. Will there be any exception for civic test and language test for naturalization interview? My point is if someone has asylum, English shouldn’t be the restriction to get citizenship. Asylum seekers have different challenges that leads them to leave their home country.
The rule is that when you apply for a new RTD, you have to mail in the current RTD unless it has expired. I have heard about people not sending the RTD and then waiting for USCIS to ask for it, but I have never tried that and as far as I remember, the rule is clear on this point (though this is obviously ridiculous given the short validity of the RTD and the long renewal period). In terms of the English test, there are exceptions for people with provable disabilities and for LPRs who have lived in the US for a long time and who are over a certain age (I forget the specifics, but info is on the N-400 instructions at http://www.uscis.gov). Take care, Jason
I need your help please !
As i m traveling to Saudi Arab, they would not accept RTD so i have to use my home country passport to enter Saudi Arab. Can i use RTD to re-enter USA or I have to use my home country passport only to re- enter USA . I have Asylum based Green Card since 2020. Which document would be less risky to re-enter USA ? #1 home country passport or #2 RTD ? What are the expected questions at the time of re-entry by the immigration officer.
Your help is highly appreciated. Thank you !
You can re-enter with the passport and GC, but it is best to have the RTD. As discussed above, it is better not to travel with the passport, but for some countries, like Saudi Arabia, there is no choice, so you should be able to explain why you used your passport and why your country issued you a passport (as discussed above). Take care, Jason
Aly, you can get Umrah visa with RTD as long you don’t have stateless nationality mentioned on your RTD. I got mine. But yes, you can’t get tourist visa. Just mentioning as it might be helpful to you.
I did not know that – Thank you, Jason
thanks Ayesha, but i asked the saudi embassy and they said they don’t accept RTD, I m also traveling to Egypt, Iraq and Dubai but none of the countries accept RTD. I think it’s the same rule for all gulf countries. I asked all the embassies. So i have no choice but use my home country passport for this religious trip.
I have not received my RTD yet and my tickets are already done. So i will not have my RTD while i return back but i can still re enter with GC and passport as discussed above.
Hey Aly i have the same case like you can you let me know if they ask any questions on the way back
Sincerely appreciated
Hi Jason! Thank you for this one of many great articles.
I got asylum status this week and did not see my parents for 8 years.
I am planning to visit Poland (border country with my COP) and met with my parents there.
Now I am filling up the I-131 to get RTD. I don’t know what to write under “Purpose of trip?” in I-131. Does it need to be some emergency or humanitarian reason?
We usually just write “visiting family” and that should be fine. I do not know why they ask this question or the dates of travel, as these questions are not relevant to getting the form or using it. In other words, once you have the RTD, no one cares where or when you travel, or why, as long as you do not go to the COP. Take care, Jason
Hello Jason,
My family and I just have been granted asylum. We are eligible to apply for GC in December this year. We are planning to apply for RTD which, as far as I understand, will be received in a year or so, meaning we are planning on traveling with TDR after applying form i-485.
Furthermore, we didn’t have any issues with Government during our waiting period from applying for asylum till granted it.
My question is traveling outside the U.S. with TRD when we are on asylee status, plus after applying form i-485 is will be considered risky for us? We are not going to travel to our home country, just to a third country.
Do you have any experience when people with granted asylum status and TRD don’t be allowed to reentry to the USA ?
Thanks,
Roman
I assume you mean the Refugee Travel Document? If so, as long as it is valid, you should have no problem returning to the US. Whether an I-485 is pending or not does not matter, as long as you appear to USCIS for all scheduled appointments. Take care, Jason
Sure, I meant Refugee Travel Document. Thank you so much for the answer. I really appreciate it.
Best wishes,
Roman
Hello Jason,
I applied for RTD in January of 2022. It’s been one year. The online USCIS processing times tracker shows 15.5 months. For me that would be April or May 2023. But when I put my receipt date, it shows expected response date to be in October 2023. I’m not sure which date to follow. I need to travel as soon I get the travel document and for that I need to give advance notice to my employer. I’m asked to give them approximate leave date. Are your clients getting their RTDs based on processing times tracker or receipt date tracker.
We do not do a huge number of RTDs (I encourage my clients to do them themselves), but it seems most are decided in 12 or 14 months. You can try to expedite, though this is not easy. I wrote about expediting in general on January 29, 2020 and maybe that post would give you some ideas. Take care, Jason
Hi Jason,
I wanted to ask, I married overseas and my last name was changed to my husband’s on foreign marriage certificate. However I didn’t change it officially here in US. I filled I-130 with my surname as it is here in US. Will that cause any issues with the petition? I married in a third country.
Another issue with my marriage certificate is that they used my nationality as my place of birth which is incorrect. I’m a green card holder based on asylum. I can’t get supporting papers from my home county to correct this error on my foreign marriage certificate. Do you think that could cause any issue?
I think as long as you have evidence to support the name change and the birth place, you should be fine. I would gather that evidence, so you will have it if USCIS asks for it. Take care, Jason
What sort of evidence I should have for name change? I never changed my name in US?
Hopefully, a document with your new name and your old name, but if you only have a document with your new name, maybe there are other identifying elements to that document – maybe your first and second name are the same, but your third name has changed, or maybe your birth date and place are listed. Maybe you can also get letters from people who know both your names (old and new) and can say that you are the same person. I doubt this will be a big issue, but if you can gather whatever documents are available, you will be ready in case you are asked about this. Take care, Jason
Thank you very much! My foreign marriage certificate has my maiden name and new last name. I don’t want to change my last name after marriage so that’s why when I came back to US I didn’t change in US. Do you think that would be enough to prove?
Also, for my birth place issue on marriage certificate, do you think if I submit my birth certificate, would that be enough?
These would probably be enough, but you probably have other documents with this info – passports, school records, government or other ID documents, etc. I would submit whatever you have and if the US government needs more, they will ask you. Take care, Jason
I got approved for asylum and I have my GC since 2019 and in 2020 i applied for the passport from my country which is valid for 5 years. It’s been more than a year I have applied for RTD but still haven’t received it And I want to travel to mecca for religious purposes and Saudi Arab does not accept RTD anyways. Can i use my country passport to travel and is it a big issue to apply for my country’s passport in the first place ? when i return back to the US, is my country’s passport and GC enough to re enter ? and will the immigration officer ask me question when he sees the catagory on my GC and the passport i’m using ?
It would be better to have the RTD, at least to re-enter the US. But if you cannot get that, you can use your passport and GC to re-enter the US (as long as the trip was less than 6 months). You should be prepared to explain why you used your country’s passport, just in case you are asked, but many people do this and if you are able to explain, you will most likely be ok. Take care, Jason
Greetings, am an asylee. I don’t have problem with the government I have a RTD and I want to travel with my home country passport . Please advise
Hi!
In July 22, my asylum case was approved, and I applied for RTD in Sep 22. I am eligible to apply for GC on July 22 one year after the approval of Asylum case, but my question is that if I travel before applying for GC in July 23 then USCIS will grant me GC? To further clear my question, if I apply for GC one year after my asylum approval but I travel on RTD within my first year after my asylum approval for a month or two outside US. Will my first year will count for GC?
Thanks!
If you travel before July 23, 2023, you will need to wait longer to apply for the GC. If you leave for one month, you have to wait for an additional month before you file the GC. In other words, before you file for the GC, you have to have 365+ days inside the US. If you file for the GC and then travel, that is fine, as long as you do not miss any USCIS appointments. Take care, Jason
Hello Jason, I hope you are doing great.
Reading “First, you can re-enter the U.S. using your Green Card, as long as your trip was for less than six months” was interesting. I recently read that 8 CFR § 211.1(a)(2) says “a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present one of the following…A valid, unexpired Form I-551, Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year.”
Does this mean that I, a Permanent Resident thru Derivative Asylum, can technically (or legally) only present my Green Card at the CBP booth at the airport and keep my passport in my bag after returning from a one-week trip to Canada or Europe?
I absolutely will present whatever document I have upon my return to the U.S. but I am curious about this.
Thanks…
The rules about absences from the US are a bit complicated, and if you leave for more than 6 months, you should have a re-entry permit (form I-131, available at http://www.uscis.gov). When you re-enter, you can show your GC only, but they may also want to see a passport. I do not know whether there is a consistent policy about that, but others here may know more than me, since I always advise my clients to have their GC and passport, and have never had a client try to use only the passport. Take care, Jason
Hi Jason,
Ok so I received my GC just today. But my RTD has been pending since July of this year. My country passport of which I took asylum is valid for the next 2 years. I didn’t receive assylum against the government, it was against a group of religious people.
I really want to go celebrate Christmas with my family. Do you think I can visit my family in a third country using my passport. I do have proofs to show the immigration that my RTD is in process and that I was trying to follow the best process.
Please advise and thanks
RTDs are probably taking 10 or 12 months for most people. Based on what you describe, I think you could visit the third country and not have a problem. You should be prepared to explain about this if asked (as you did above), and as long as you can do that, you should be ok. Take care, Jason
Hi Jason, I have asked a question about using my cop passport and returned with rtd and you answered to it.
Obviously I will be ready to explain why I used it but fear on my mind is that this question which is why you used your passport come from immigration at border or it comes when I will apply for greencard or citizenship on the form filling?
Thank you
It can come at any of those points. For what it’s worth, I have had many clients who used the passport after winning asylum, and while a few have been asked about it, no one has had any real problems. Take care, Jason
Hello Jason,
My asylum was granted in May 2022. I have a trip planned to Puerto Rico with my wife to celebrate our 15 years anniversary but I have some concerns because we have not applied for Refugee Travel Document. So, my main concern is what will be our situation in case of an emergency landing in a 3rd country like Bahamas or any other island? Our flight will be a non-stop flight from Tampa to San Juan, but we are leaving our daughters at home and we don’t want to take any risk of inadmissibility if something happens.
Any advice will be highly appreciated.
Thanks,
JJ
If you ended up in a different country, it will be a major issue, and so if you think that is possible, maybe you want to plan a trip that is safer or wait until you have the RTD. That said, it seems pretty unlikely that you would be diverted to a different country, and I have had many asylee clients visit PR with no problem (except maybe a bad sunburn). Take care, Jason
Hi Jason,
I am granted asylum, we received the approval this May 2022. We are planning to apply for travel documents to visit family in Jordan which is not the country from which we are an asylee.
We are eligible to apply for a green card next May and as you know it’s taking too long to process it. We have not seen our families for 8 years and would like to apply for travel documents and visit them then we come back and apply for a green card.
My questions
We renewed our Iraqi passport while we were waiting for our asylum case but we have not used it at all. We renewed it because it was the only identification document that we have. What is the best explanation for USCIS in this case?
The second question
Should we submit the explanation with the travel document application or do we need to wait and see if they request an explanation?
Thank you very much in advance
You do not need any explanation to apply for a Refugee Travel Document – it is form I-131, available at http://www.uscis.gov. If you use the passport to visit Jordan, you may need to explain why you used a passport from a country that wants to harm you. For most Iraqis, they do not fear the government; they fear terrorists and militias, and if that is the case, there should not be much issue using the passport. Nevertheless, you should be prepared to explain this if asked. Take care, Jason
Appreciate it!
Thanks!
Hi Jason,
Thank you for providing so many useful information here.
My situation is complicated: I have changed my legal name (first name and last name completely) while my asylum application was pending. And now my GC is under my new name, my renewed passport in old name.
To ask my question would like to give you the timeline first:
1. July 2019 – Name change done
2.September 2019 – Asylum interview – (granted and the officer approved it with a new name)
3. July 2020 – renewed my home passport, embassy said it not easy to update my legal name with the government , they said they give me a confirmation letter that the Embassy is informed about legal name change
4. September 2020 – applied for I-485
5. August 2022 – GC received
6. September 2022 – RTD expedited request approved
My family member is sick and getting a treatment in a different country(not my home country) but it is visa free with my passport. With the RTD it requires a visa, which takes about a month to review. Also need to have an invitation from someone living in that country, which I don’t have.
I need to visit my family member as soon as possible, what happens if I use my passport (old name) and my GC new name.
I have court documents, Old and new driver licenses, and all other proof.
I don’t know how to explain to the officer upon arrival if they ask me why home country passport is not updated with a new name. Please advise.
I guess you will use the passport to enter the other country and the GC and (hopefully) RTD to re-enter the US. If you have the change of name documents, I do not see why this should be a big problem. You explained it here just fine, and so you can explain it to US immigration as well (if they ask). One issue I am not sure about is the plane ticket, which will presumably have your new name. I do not see why you would have problems boarding in the US, but I do not know whether this might be an issue to board the plane returning to the US (assuming again that the ticket is under the new name). You might talk to the airline about that, if possible, and maybe the embassy of the country you plan to visit. Take care, Jason
Thank you Jason. Airlines only require to have a name that matches passport. So is it ok to carry the passport and RDT at the same time. I mean using the passport when boarding to the US and using RTD when I get off the plane and enter US?
I think you can probably use the passport to board and the RTD to enter the US, though you should be prepared to explain about all this if asked. I guess your plan is to buy the ticket under your old name so it matches the passport, and I guess that makes sense. Take care, Jason
Hi Jason,
I’m planning to travel to Saudi Arabia. I heard that they can send me back to my home country Pakistan as they are good friends if they see travel document. I’m planing to use RTD and I was told by the Saudi counsel that they accept RTD. I wanted to know can any government do that to a tourist? My national passport is expired and if I renew it, will it have any impact on my status or when I get interviewed for citizenship. I’m currently a green card holder. My asylum case is not against my home country government.
If you do not fear your government, renewing the passport should not be an issue (or, if the US government asks about this, it is easy for you to explain). I have not heard about Saudi Arabia returning people to their country, but it is not an issue I have been paying attention to. I have heard in the past that Saudi Arabia does not accept the RTD, but that info could be wrong. I think it would violate international law to return you to Pakistan and would raise problems with the US (which issued your RTD), but of course, Saudi Arabia has frequently violated international laws. At a minimum, I would make sure you have an extra copy of your RTD save in your email or somewhere you can access, so if you do get sent to Pakistan, you can seek help from the US embassy. Take care, Jason
Hello Jason,
I am reading your blog after little gap. I am so thankful you are helping people same as usual. Grateful. I have just applied my GC through asylum this May in Texas. Can i apply Travel Parole too now? How long is it valid and how long does the processing takes? What will be the fee? We want travel parole to be in our hand incase we have to travel before GC comes? Do you have any idea about Texas GC processing time. Keep doing your novel work. God bless you.
When you file the I-485, included in the fee is the I-131. The latter form allows you to apply for a Refugee Travel Document, which is the document you need to travel as an asylee. You can also file the I-131 independently, and then you have to pay the fee for the RTD, wiich is $220. The wait time for the RTD is (unfortunately) probably about a year, though you can try to expedite. I wrote about expediting with USCIS on January 29, 2020. We have been seeing the I-485 take 2+ years for a decision, but lately, I have been hearing about cases moving more quickly, and so I hope your wait time will be less than that. Take care, Jason
Thank you Jason. You are our leader.
Hi Jason,
I have received my Green card based on the asylum a month ago. Last week, I got a notice that my application for RTD has been denied as my I485 application is not pending anymore (it is approved now) and I have received a green card. Now, I am a little confused as I don’t want to travel using my passport and was hoping to use the RTD, but they denied it because my green card application has been approved.
Do you have any thoughts on this? 🙂
Thank you.
If that was the reason for the denial, it sounds like an error. There is no reason why you cannot receive the GC and the RTD. People do that all the time. Maybe try calling USCIS (which is not easy) at 800-375-5283 or contacting them visa USCIS Help (there is a link under Resources) to see if you can inform them about the error and see what they advise. Take care, Jason
I have a AS6 green card, and applied for travel document. However, it’s taking too long to process it as you may know around 12.5 months. My home country passport is still valid since I first got it. Is it safe to travel with it to somewhere like Canada or Mexico?
I have a AS6 green card, and applied for travel document. However, it’s taking too long to process it as you may know around 12.5 months. My home country passport is still valid since I first got it. Is it safe to travel with it to somewhere like Canada or Mexico?
Probably, but if the GC is based on asylum or refugee status, you may need to explain why you traveled on that passport (as I discuss above). If the US government concludes that your original asylum or refugee case was fake, it could effect your current status, and so you should be prepared to explain why you used the passport. Take care, Jason
Can I apply re entry document and refugee document at the same time?
I have never done that and I do not know whether USCIS would allow it. Even though it is only valid for one year, the Refugee Travel Document is the better document for people who have asylum or who have a GC based on asylum, since the RTD is meant to serve in lieu of a passport. Whereas the Reentry Permit is only supposed to be used to re-enter the US. Take care, Jason
Here says:
https://casetext.com/regulation/code-of-federal-regulations/title-8-aliens-and-nationality/chapter-i-department-of-homeland-security/subchapter-b-immigration-regulations/part-223-reentry-permits-refugee-travel-documents-and-advance-parole-documents/section-2232-application-and-processing
(c)Ineligibility.
(1)Prior document still valid. An application for a reentry permit or refugee travel document will be denied if the applicant was previously issued a reentry permit or refugee travel document which is still valid, unless it was returned to USCIS or it is demonstrated that it was lost.
I am not sure how to interpret this part, would that mean is not possible to hold the re-entry document and RTD same time?
It means that if you have a valid RTD and want to apply for a new RTD, you are supposed to mail in the original, unexpired RTD with your application to renew. This is the rule, and it is idiotic, since it shortens the already short period when a person can use the RTD. Especially these days, when it takes about a year to renew. Take care, Jason
Dear Mr.Jason,
Can you please help me to understand why USCIS issue only one year RTD, while they have shortages and backlog in cases?
All the world issues 5 years RTD except USA, and I don’t believe it is a security issue as people who get RTD mostly has been Cheked several times!
Is there any official complain about this subject or any plans to change this in near future by DHS, Congress, senators or any government department?
The RTD is always valid for one year. It is way too short a time and this should be an easy fix. In fact, it was discussed in about 2007 or 2008, but nothing ever happened. Certainly, it is an issue you can raise with your Congress person and maybe with DHS, though I am not sure specifically who to contact at DHS. I keep hoping the Biden Administration will change the validity period to at least 5 years, but so far, I have not heard about any movement in this direction. Take care, Jason
https://www.law.cornell.edu/cfr/text/8/223.3
One-year validity is defined by law
These are actually regulations, which can be changed by the agency (there is a process to do this that takes time, but it does not require Congressional action). As far as I know, there is no law, passed by Congress, requiring the one-year deadline, and the agency can begin the process to change this at any time. Take care, Jason
Hello Jason,
I’m sorry about the typo in the fist question.
I have a GC already granted from asylum approval,
Im thinking of maybe renewing my home country passport, involving traveling to Mexico (there are no current embassies or consulates in the US), but I’m afraid that might affect my status.
I’m trying to renew my passport from my home country and traveling to Europe in December. I’ll never go back to my home country i know that for sure.
I already applied for a RTD this week but the processing times are really really long and i wanted to go on vacation this holidays.
Do you think I can get in trouble if I travel to Mexico to renew my passport at the Venezuelan consulate at Ciudad de México and then traveling back to the US in 3 days?
What do you recommend?
Is renewing my passport a reason to doubt about my asylum status?
Thanks in advance!
As I discuss above, the RTD is the best option, but unfortunately, that document is so limited that it puts many people in your situation. I do think traveling on your passport may involve some risk, but if you are prepared to explain why you applied for the passport and why your country was willing to give you a passport, you will probably be ok. I have had many clients travel with a GC and their passport, and none has had any major problem. That said, if you are prepared to explain when asked, that should minimize the chances of any problem. Take care, Jason
Hello Jason,
I have a GC already granted from asylum approval,
Im thinking of maybe renewing my home country passport, involving traveling to Mexico (there are no current embassies or consulates in the US), but I’m afraid that might affect my status.
I’m trying to renew my passport from my home country and traveling to Europe in December. I’ll never go back to my home country i know that for sure.
I already applied for a RTD this week but the processing times are really really long and i wanted to go on vacation this holidays.
Hi! I was just reading your past about traveling with you home country passport as permanent resident as a result from asylum.
My greencard application has been pending since 2019. My RTD has been pending since August 2021. One of my closest friends is getting married in Europe and because the validity of the RTD is only one year, I won’t be able to attend.
Im thinking of maybe renewing my home country passport, which is another stressful process involving traveling to Mexico or Canada (there are no current embassies or consulates in the US), but I’m afraid that might affect my status. I have heard stories, about how a CBP officer might interview you again for asylum, ask you all those questions again, or simply not let you in because of suspected fraud on your asylum claim. Is there truth to these stories?
Currently, the US recognizes another guy as the president of my country, and i’ll be going to a different continent of my home country, so I don’t see how using my home country passport (if I have my greencard in hand already) will affect me when re-entering the US or applying for citizenship.
Do you think I can get in trouble if I travel to Mexico to renew my passport at the Venezuelan consulate at Ciudad de México and then traveling back to the US in 3 days?
What do you recommend?
Is renewing my passport a reason to doubt about my asylum status?
Thanks in advance!
I plan to study aboard for three years. Should I apply re entry permit or refugee document. My concern is the third county won’t allow me to get in and/or treat me not as refugee under UN convention if I hold the re-entry permit, with the risk sending me back to home country
I would talk to a lawyer before you do this, as it would depend on your current status. If you have a GC already, maybe you can spend three years abroad with the RTD or Reentry Permit, as long as you return to the US periodically. If you have asylum and do not yet have a GC, I am not sure that this will be possible. In any event, if you plan to spend this much time outside the US, you should talk to a lawyer in advance to figure out how/if you can do this without endangering your status. Take care, Jason
Hi Jason, I hope you are doing well. I have applied for my Refugee Travel Document and got an IOE receipt notice on June 14, 2022, from National Benefits Center. As you might know, there is no processing time listed for RTDs in NBC on the website. The only processing time listed for RTDs is with Nebraska, which is currently 12.5 months. I have heard that NBC process cases faster, but since the only listing is for Nebraska I’m concerned if the case has been transferred to Nebraska (famous for very slow processing times). Would I receive a notice if the case has been transferred to another service center apart from what is listed on my recipe notice? Also, do you know what is the processing time for NBC for refugee travel documents based on your cases? Btw, I have called USCIS and have spoken with two agents so far, who seemed to be unaware of processing times for NBC. However, both mentioned they see that my case is ready for final adjudication so it might be faster..
Please let me know when you have a chance. Thanks so much for all your help,
I don’t have any more info than what it says in the processing times – my recollection is that our clients’ RTDs normally take 10 or 11 months. We usually ask to expedite and give a reason, which USCIS routinely ignores. Sometimes, USCIS does inform us when a case is transferred to a different location for processing, but usually, they do not. I also do not remember seeing that info online, but I rarely check the online system for such cases. The fact that your case is ready for final adjudication will hopefully be a positive sign, but wait times are so unpredictable, it is difficult to know. Hopefully, you get the RTD soon. Take care, Jason
Thanks so much for your quick reply, Jason. Btw, when I applied for RTD, my GC application was still pending. But I got my GC a month ago (approved by NBC). Do I need to submit anything with USCIS since my RTD application is filed based on another category (pending GC), which is not the case anymore. Let me know your thoughts. Thanks so much for your helpful comments 🙂
I am not sure – maybe you want to send a letter to USCIS (to the last address you have on a receipt from them) with a copy of the GC front and back, and a letter explaining that you now have a GC. I am not sure that this is necessary or that USCIS will ever match the documents with your pending case, but it won’t hurt. Keep a copy of everything you send, so you have that if you need it for any future requests for evidence. Take care, Jason
Hi Jason,
I was granted asylum and recently received green card based on asylee status. I wonder if in the future the political situation gets better in my home country (where I fled persecution from) and it becomes safe for me to travel there, I get my home country passport and travel there, would that harm my green card status in the US? And if it does, how about travelling to there after I get US citizenship?
Thank you,
Mehmet Dogan
Those trips would only cause problems if they caused the US government to believe your original asylum claim was fake. If conditions in your country changed, there would really be no reason for the US government to reach this conclusion. If you have a GC and return home, you should be prepared to explain why you traveled and how you stayed safe. It is unlikely that you would have a problem, but it is a good idea to be prepared just in case. If you are a citizen, it is very unlikely you would have an issue based on a return trip, but there is no harm in being prepared to answer questions if you are ever asked. Take care, Jason
Hi Jason, thank you for the detailed article.
What about dependent asylees who have Green Cards? My father was the principal asylum applicant and I am his dependent. We still didn’t receive our Green Cards yet (more details below) but when we do, can I obtain a passport to travel to Canada (not even Europe)? And what about Re-entry permits? They seem to be valid for 2 years. Can an asylum-based GC holder use it for short trips?
We filed I-485 in December 2019 and the most recent update is from this January and it just says it was transferred to another office and there hasn’t been any updates since. However we have some family friends, one family also applied in December 2019 and another family applied sometime in November 2020, and they both received their Green Cards earlier this year. USCIS doesn’t allow us to inquire until late 2023 and it’s making us nervous…
Thanks…
Many people are waiting 2 or 2.5 years for a GC, so I think there is no reason to be nervous (though there is obviously reason to be annoyed). In terms of travel, a dependent is not restricted in the same way as a principal. However, if the asylum case indicated that the whole family was in danger from the home government, then I suppose using a passport might raise a red flag, though this seems unlikely. Maybe be prepared to explain why you used a passport and why the government was willing to give you a passport. But otherwise, I think the chances of a problem are pretty unlikely. Finally, for the travel document, an asylee uses a Refugee Travel Document, which is only valid for one year. Once you get the GC, you can get a Re-Entry Permit, which can be valid for 2 years (but sometimes, it is valid for one year – check the instructions), but that is not supposed to be used instead of a passport, so the better document for asylees and GC holders who originally had asylum is the RTD. Take care, Jason
Hi i have a green card base on asylee status, and i want to travel outside the country, my RTD is delaying, i wanted to apply for my for country passport, is there going to be any issue if i use the passport to go another country.
Probably not, unless obtaining the passport causes the US government to think that the asylum case was fake. Take care, Jason
Hi Jason. Hope you are doing well. Please I need help in question below:
Can daughter file form I-601 for her father if he deportation from USA for a period 10 years? if Yes She needs to wait for decesion aproved application I-601 or need to file in the same time with I-130?
Thank you for attention on this matter.
The I-601 is the waiver, which is independent of the I-130 (the petition to bring the father here). The US citizen files the I-130 and the immigrant files the I-601. However, whether the father is eligible for a waiver or needs a waiver, or when he should file it, I do not know as it depends on the case. The family should talk to a lawyer to look at the specifics and see how best to proceed (and maybe do that before filing the I-130, since there is no point filing–and paying for–a petition if the father is not eligible to immigrate). Take care, Jason
Hi
I get my green card based on asylum
I have travel document still available and green card available and my passport from my original country also still available
I want to visit my family for couple week in my original country ,i don’t have problem to re entry to USA but my concern is if USCIS will cancel my asylum as I returned to my country because of which I am seeking asylum. Perhaps they will cancel the asylum because I am no longer threatened in my country, the visit is very necessary to see a member of my family who is very ill
Please i need advice
I wrote about this issue on January 6, 2016 (and in the above article). Unless the return trip causes the US government to think your original asylum case was fake, you should be fine. Once you have a GC, they cannot take away your asylum any more (though they could still take away your status if they conclude that you committed fraud). So you should be prepared to explain why you returned and how you stayed safe while there – both at the US border when you return and when you apply for US citizenship. That should minimize the chances of a problem. Take care, Jason
Hi Jason,
I am so glad I found your website! I got my asylum status in 2018, and got my GC this year as a result of it. It has A6 category. I also hold a valid passport (expires next year) from my home country. My asylum case was based on my belonging to certain group, meaning I am not persecuted by the govt per se of the country I left seeking asylum in the US, but by the group of people who present threat to my health and life. I was planning to go see my family members in a third country this summer. Will I be OK to use my still valid passport along with GC returning to USA? The trip is only a couple of weeks long. Please advise! Thanks!!!
It sounds like you would be ok to use the passport, since you do not fear the home government (the entity that issues the passport). You should be prepared to explain this situation if asked, but otherwise, it sounds like you would be fine. That said, it is always better to have the Refugee Travel Document if you can get it, but USCIS processes these so slowly that you would probably not receive it until next summer. Maybe you want to apply for it anyway to have it for future use and to show USCIS that you are trying to follow their best practices. Take care, Jason
Hello. Can someone let me know from experience if I can travel to Puerto Rico with just State ID (that’s REAL ID compliant) and/or I-765 while asylum is pending? I don’t have a passport right now (it’s expired). Thanks.
We have had clients go to PR with no issues, but you might double check with the airline about what documents are needed to return. A state ID should be enough. Also, if you go other places (for example, the US Virgin Islands), you do need a valid re-entry document. Take care, Jason
Hi! I was just reading your past about traveling with you home country passport as permanent resident as a result from asylum.
My greencard application has been pending since 2019. My RTD has been pending since August 2021. One of my closest friends is getting married in Europe and because the validity of the RTD is only one year, I won’t be able to attend.
Im thinking of maybe renewing my home country passport, which is another stressful process involving traveling to Mexico or Canada (there are no current embassies or consulates in the US), but I’m afraid that might affect my status. I have heard stories, about how a CBP officer might interview you again for asylum, ask you all those questions again, or simply not let you in because of suspected fraud on your asylum claim. Is there truth to these stories?
Currently, the US recognizes another guy as the president of my country, and i’ll be going to a different continent of my home country, so I don’t see how using my home country passport (if I have my greencard in hand already) will affect me when re-entering the US or applying for citizenship.
What do you think? This traveling situation with asylees is so frustrating, including how other types of requests (marriage, employment, etc.) are processed way faster than us. It’s like we haven’t been through enough stuff. All I want is to attend my best friends wedding and meet my boyfriends family.
If you have asylum and do not yet have a GC, generally the only way to travel and return is with the RTD (maybe an exception is if you have Advance Parole based on a pending application or on TPS, but you have to be careful about that and I recommend you talk to a lawyer if you plan to travel with AP). You need some document to re-enter the US and it sounds like you currently do not have such a document. You can call USCIS and try to expedite the RTD. The number is 800-375-5283. It is difficult to do this, but probably worth a try. As long as you have some document to re-enter the US, you would not be refused entry, even if they suspect fraud in your original asylum case (though they could initiate proceedings to terminate asylum and deport you, but you could defend against that in court). But without a document to return to the US, I do not even know how you would board the plane in Europe. Take care, Jason
Hi Jason
I need your help please.
I got married to a US citizen 4 months ago and i am an affirmative asylee, pending since 2016. So we initiated the process of getting GC etc. BUT this guy is abusive, emotionally and physically and is now not willing to finish the process of filling. I am a single parent and it’s eating me up. What should i do next? Can i ever get the papers in a different route? I have heard different advices like reporting him, file divorce and walk away. But i need to have my papers done. What should i do please?
Thank you
The marriage-based process takes years – once you get the initial GC, you have to wait two years to file another form, and that process takes another one or two years. So the idea of remaining with an abusive person for so many years seems like a very bad idea. Plus, at any time, the person can sabotage the process if he wants to harm you. And so the risk seems high. If you leave the relationship, you can continue the asylum case as before. Also, maybe you would be eligible for a GC based on VAWA (Violence Against Women Act). There are non-profits that assist with such cases. The one I know is called Tahirih Justice Center. If you do not live near them, maybe they can recommend a local organization to help you. Take care, Jason
Hi Jason!
What if I have an advance parole based on my pending VAWA AOS and I am still pending asylum decision, would my asylum application be considered as abandoned if I traveled, before my asylum decision is made, using the AP based on my pending AOS, which is not related to my asylum application in any way? What are potential risks in this situation? No criminal record or illegal overstay in the U.S.
Thanks!
What if I have an advance parole based on my pending VAWA AOS and I am still pending asylum decision, would my asylum application be considered as abandoned if I traveled, before my asylum decision is made, using the AP based on my pending AOS, which is not related to my asylum application in any way? What are potential risks in this situation? No criminal record or illegal overstay in the U.S.
Thanks!
I do not see how that would cause a problem, aside from what is discussed in the above article (and also assuming you do not return to your home country). If you have permission to travel and re-enter, that would not cause you to abandon your asylum case, even if that permission is based on VAWA (or any other pending application). Take care, Jason
Hi Jason! Hope you are doing great. I am the applicant and my wife is derivative from same country. We are waiting to apply for GC this October but we also applied RTD last year November. We most probably will get our RTD before our GC. Here is my question, I am not planning to go COP with RTD but since her application was just derivative and not involved in my asylum case. Can she go to COP with her passport and come back to the US with her RTD once she got it without GC? I couldn’t find any info about it on USCIS or DHS website. Do you know anything about this or any experience with you clients? Thank you so much!
I discussed this issue in a post dated February 10, 2022, so you may want to check that. Basically, it is probably safe to travel to the COP as a dependent, but if the original asylum case indicated that the whole family was in danger, then travel may not be a great idea. Take care, Jason
Thank you I’ll look into that article. My case doesn’t indicate that she was in danger. But in case we will get the medical reports for the reason she needs to visit the cop. My other concern is she able to come back from cop to the us without visa or green card?
She needs some document to re-enter the US. If she does not yet have a green card, she must have an RTD (or some other type of re-entry document) to return to the US. Take care, Jason
Hello Jason, first of all thank you so much for sharing us such helpful information. I have green card I got it by asylum. I am thinking to renew my country passport because it is already expired and to go and visit family. I also have travel document but I don’t wanted to use it. Do you think it’s a bad idea to renew my country’s passport? Thank you!
As discussed above, it depends on your situation. If you fear harm from your government, the US government may ask you about why you renewed the passport and why your government issued you a passport. If this causes the US government to suspect that your asylum case was fake, it could be a problem for you. On the other hand, if you fear non-state actors (and not your home government), renewing the passport is much less likely to causes any issues for you. Take care, Jason