Asylum Seekers: Can They Travel Freely?

Asylum seekers are people who have fled their home countries due to a well-founded fear of persecution or serious human rights violations and are seeking protection in another country. While awaiting a decision on their asylum claim, asylum seekers may wonder if they are permitted to travel, either within or outside of their host country. Generally, asylum seekers can travel within the host country using their ID or passport. However, travelling outside the host country while an asylum claim is pending is not recommended, especially if the destination is the country from which the asylum seeker fled. Doing so may lead to negative consequences, such as being barred from re-entering the host country or having one's asylum claim revoked. In some countries, asylum seekers may apply for advance permission to travel, but this can be a challenging process. Once asylum is granted, individuals typically need to apply for additional documentation, such as a refugee travel document, before they can travel internationally.

Asylum seekers can travel within the US with ID or their passport

Asylum seekers can travel within the US while their asylum case is pending. They can travel with a valid ID or their passport. They should also carry the documents they were given when they first entered the country.

If you have appointments with ICE or ISAP, you must inform them before travelling outside the state.

If you have been granted asylum, you can travel outside the US with a refugee travel document. You can apply for this by submitting Form I-131 to USCIS.

However, there are risks if you travel to your country of origin after winning asylum. The US government can end your asylum status and deny your green card application.

Asylum seekers in the US can travel outside the country but it's not advisable

Asylum seekers in the US can travel outside the country, but it is not advisable. While asylum applicants can travel outside the US, there are several reasons why this may not be a good idea. Firstly, if you have inadmissibility grounds that could be triggered when you leave, such as an unfavourable immigration history or a criminal record, you could be denied re-entry, even with the right documentation.

Secondly, depending on the timing of your trip, you might miss your scheduled asylum interview, which could lead to delays in receiving a decision from US Citizenship and Immigration Services (USCIS) and, in the worst-case scenario, could lead to your asylum request being denied.

Thirdly, if you return to your home country while applying for asylum, USCIS will presume that you have abandoned your asylum application and could even decide that you submitted a fraudulent application. This could result in serious consequences such as a permanent bar from re-entering the US.

If, despite the risks, you decide to travel, you will need to submit USCIS Form I-131, Application for Travel Document, to obtain "advance parole" or permission to re-enter the US. It is recommended that you consult an immigration attorney to determine if it is in your best interests to leave the US and whether the risks are too high.

Asylum seekers in the US need to apply for a Refugee Travel Document to re-enter the country

Asylum seekers in the US are allowed to travel outside the country, but it is generally not advisable to do so. Even with a pending asylum application, asylum seekers will be questioned by Customs and Border Protection (CBP) when attempting to re-enter the US. If they have inadmissibility grounds, such as an unfavourable immigration history or a criminal record, they may be denied re-entry, even with the required travel documentation.

Asylum seekers must also be cautious not to miss their scheduled asylum interview. This will cause delays in receiving a decision from the United States Citizenship and Immigration Services (USCIS) and could lead to their asylum request being denied.

If asylum seekers decide to travel, they must submit USCIS Form I-131, Application for Travel Document, to obtain "advance parole" or permission to re-enter the US. They should apply for advance parole well in advance of their trip and ensure they have the necessary travel document before leaving the country.

The biggest travel "don't" for asylum seekers is returning to the country from which they have claimed persecution. If they do so, the USCIS will assume they have abandoned their asylum application and may decide that they submitted a fraudulent application. This could result in serious consequences, such as a permanent bar from re-entering the US.

A Refugee Travel Document is the equivalent of a US passport for asylum seekers and refugees who need to travel outside the US temporarily. Asylum seekers and refugees who want to preserve their right to stay in the US after travelling must apply for this document before leaving. They can also obtain a refugee travel document if they have a Green Card as a result of their refugee or asylee status.

To apply for a Refugee Travel Document, asylum seekers must file Form I-131, Application for Travel Document, with the USCIS. In addition to the form, they must submit evidence of their refugee or asylee status, a copy of an official photo identification, and, if their identification document is in a foreign language, a complete translation into English. They must also submit appropriate filing and biometrics fees and, if applicable, a written explanation for any 'yes' answers on Part 6 of the form.

It is important to note that leaving the US without a valid refugee travel document is risky. If an asylum seeker's I-131 application is denied while they are outside the US, they may not be allowed to re-enter the country. Their travel document will expire one year from the date it is issued, and travel documents cannot be extended. Therefore, asylum seekers should ensure their travel document is valid before attempting to re-enter the US.

Asylum seekers in Canada can travel outside the country but need a Refugee Travel Document

Asylum seekers in Canada can travel outside the country, but they need a Refugee Travel Document to do so. This is because, once someone has claimed asylum in Canada, they can no longer use a passport from their home country without risking their asylum status being revoked. This is known as cessation.

To avoid this, refugees must apply for a Refugee Travel Document from the Canadian government. This document can be used as a passport when travelling to other countries, except for the person's country of origin. However, it is not the same as a Canadian passport, and some countries that allow Canadians to enter visa-free may require a visa for those travelling with a Refugee Travel Document. It is the responsibility of the individual to check the visa requirements of their destination country.

The processing time for a Refugee Travel Document can vary, so it is recommended to wait until the document has been received before making firm travel plans. To apply, individuals should fill out the application under 'Travel document applications for stateless and protected persons in Canada'.

It is important to note that asylum seekers cannot leave Canada during the processing of their asylum application. Once their refugee status is approved, they can apply for Canadian citizenship. After becoming citizens, they can travel with a Canadian passport.

Asylum seekers are generally not allowed to travel to their home country

In the United States, asylum applicants who travel outside the country without advance parole may have their asylum case denied. Returning to the country where persecution is feared may lead to the presumption that the asylum application has been abandoned or is fraudulent. This could result in serious consequences such as a permanent bar from re-entering the country. Even with advance parole, travelling outside the U.S. while awaiting an asylum interview is generally not recommended due to the risk of being denied re-entry and missing the scheduled interview.

Similarly, in Germany, the Federal Office for Migration and Refugees (BAMF) can revoke refugee protection if travel to the home country is for holiday reasons or a long-term stay, indicating that the refugee no longer faces fear of persecution. However, there are exceptional circumstances, such as attending a funeral or visiting severely ill family members, where returning home temporarily will not result in the loss of refugee status.

Frequently asked questions