Asylum Applicants: Can They Travel Within The Us?

Asylum seekers in the US are allowed to travel within the country, but they are not advised to leave the country while their asylum application is pending. If an asylum seeker wishes to travel outside the US, they must obtain advance parole by submitting USCIS Form I-131, Application for Travel Document. Even with this documentation, they may be denied re-entry into the US, particularly if they have an unfavourable immigration or criminal history. Asylum seekers are strongly advised not to return to their home country while their application is pending, as this may lead to their asylum application being rejected.

Asylum applicants can travel outside the US, but it is not advisable

Asylum applicants can technically travel outside the United States while awaiting their interview. However, doing so is not advisable due to several reasons. Firstly, even with a pending asylum application, individuals will be subjected to questioning from Customs and Border Protection (CBP) upon their return to the United States. If there are any inadmissibility grounds, such as an unfavourable immigration or criminal history, reentry may be denied, even with the necessary travel documentation.

Additionally, travelling outside the US may result in missing the scheduled asylum interview, leading to delays in receiving a decision and potentially negatively impacting the outcome of the asylum request. It is crucial to consult an immigration attorney to assess whether travelling is worth the risk.

If an asylum applicant decides to travel despite the risks, they must obtain "advance parole" by submitting USCIS Form I-131, Application for Travel Document. However, it is imperative not to return to the country from which asylum is being sought, as this could lead to the presumption of a fraudulent application and result in serious consequences such as a permanent bar from reentering the United States.

Risks of Travelling While Awaiting an Asylum Interview

The decision to travel outside the US while awaiting an asylum interview carries significant risks. Aside from the possibility of facing challenges upon re-entry and missing the interview, asylum applicants should be aware of the following:

• Any past unlawful presence in the United States of six months or more could make them inadmissible.
• Delays caused by the applicant, such as requesting to transfer the case, rescheduling interviews, failing to appear, or providing additional evidence at the last minute, may impact the timeline of the asylum process.
• Failure to appear for a scheduled asylum interview without good cause or failing to provide a competent interpreter may result in a referral to an immigration judge and ineligibility for employment authorization.

Seeking Legal Advice

Given the complexities and risks associated with travelling while awaiting an asylum interview, it is highly recommended to consult an immigration attorney. An attorney with expertise in this area can help assess whether travelling is safe, assist with applying for Advance Parole, and provide support throughout the asylum process, including preparing for the interview.

While asylum applicants technically have the ability to travel outside the United States, it is generally not advisable due to the potential risks and challenges outlined above. It is essential to carefully consider all factors and seek legal advice before making any travel plans during the asylum application process.

Asylum seekers must be physically present in the US to apply

To obtain asylum through the affirmative asylum process, you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the country or your current immigration status. This means that you can apply for asylum even if you entered the US through its southwest land border or adjacent coastal borders, which generally makes individuals presumed to be ineligible for asylum.

There are three ways of obtaining asylum in the United States: the affirmative process, an Asylum Merits Interview after a positive credible fear determination, and the defensive process. All three processes require that an individual be physically present in the United States or at a port of entry before they can be initiated.

To apply for asylum affirmatively or defensively, you must file a Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival in the United States. There is no fee to apply for asylum. You may include your spouse and children who are physically present in the United States as dependents on your application. To include your child as a dependent, the child must be under 21 years old and unmarried.

If you are granted asylum, you are immediately authorized to work. You may also petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition, within 2 years of being granted asylum. You may be approved for a Green Card 1 year after being granted asylum.

Asylum seekers are not authorised to work unless they meet certain requirements

Asylum seekers in the US are not authorised to work unless they meet certain requirements. To be granted asylum in the US, one must meet the definition of a refugee and demonstrate that they are unable or unwilling to return to their country of origin due to persecution or a well-founded fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.

To apply for employment authorisation as an asylum seeker in the US, you must file a Form I-765, Application for Employment Authorisation. This form can now be filed online for certain categories of applicants. To be eligible to apply for an Employment Authorisation Document (EAD) based on your pending asylum application, your application must have been pending for at least 150 days, and you must wait an additional 30 days (for a total of 180 days) before you can receive your EAD. This 180-day period is commonly referred to as the 180-Day Asylum EAD Clock. It is important to note that delays caused by the applicant during the asylum application process do not count toward the 150-day waiting period or the 180-day eligibility period. Examples of delays caused by the applicant include requesting to transfer the case to a new asylum office, failing to appear at a scheduled interview, or failing to provide a competent interpreter at an interview.

If your asylum application is granted, you are immediately authorised to work in the US. However, if your asylum application is denied, your employment authorisation will terminate when your EAD expires or 60 days after your asylum application was denied, whichever is later. It is important to note that asylum seekers are not guaranteed the right to work in the US and must meet specific requirements to be eligible for employment authorisation.

Asylum seekers must apply within 1 year of arrival to the US

Asylum seekers must apply within 1 year of arriving in the US. This is a key part of the asylum process and is important for those seeking asylum to be aware of. The 1-year deadline is in place for an initial asylum application, and it is possible to qualify for an exception if you can show changed or extraordinary circumstances that prevented you from applying within the timeframe. Changed circumstances may include changes in your country of origin, or changes to US law that could affect your eligibility for asylum. Extraordinary circumstances may include serious illness, legal disability, or ineffective assistance of counsel.

To apply for asylum, you must complete a Form I-589, Application for Asylum and for Withholding of Removal. This form is available online for certain affirmative asylum applicants, but not all. To include your spouse and children on your application, they must be physically present in the US. You can add them at any time until a final decision is made on your application.

Asylum seekers should be aware that they are not eligible to apply for asylum if they have already been in the US for more than 1 year. However, as mentioned, there are exceptions to this rule. It is also important to note that asylum seekers are not eligible to apply if they have previously applied and been denied, unless they can demonstrate changed circumstances which now affect their eligibility.

The US government encourages asylum seekers to use lawful pathways to enter the country and apply for asylum. This is due to an executive order issued by the Biden administration, which suspends the right to seek asylum for those who arrive at the southern border without going through an official point of entry. This order is in place until Border Patrol encounters at the southern border drop below 1,500 on average over a 7-day period.

Asylum seekers must disclose any criminal history on their application

Asylum seekers in the US must disclose any criminal history on their application. Failure to do so may result in fines or imprisonment for committing perjury.

The US government will fingerprint and run a full criminal background check on asylum seekers. It is important to note that asylum seekers do not need to have a criminal record to be barred from applying for asylum in the US.

There are a number of crimes that create a mandatory bar to approval for asylum in the US. These include:

• Conviction of a particularly serious crime
• Commission of a serious non-political crime outside the US
• Being deemed a danger to the security of the US
• Participation in terrorist activities
• Persecution of others

If an asylum seeker has a criminal record, it is recommended that they consult an experienced attorney. It may be possible to have the conviction vacated or the sentence lowered.

Asylum seekers who have committed crimes may still be eligible for other forms of relief, such as withholding of removal and protection under the UN Convention Against Torture (CAT).

In addition to disclosing their criminal history, asylum seekers must also provide information about their family members, including their spouse and children, on their application. If granted asylum, family members included on the application will also be granted asylum status unless they are barred.

To apply for asylum in the US, individuals must complete Form I-589, Application for Asylum and for Withholding of Removal. This form must be submitted within one year of the individual's arrival in the US, unless they can demonstrate changed circumstances or extraordinary circumstances relating to the delay in filing.

Asylum seekers can apply for asylum regardless of their immigration status and whether or not they are currently in removal proceedings. However, it is important to note that asylum seekers who have been denied asylum may be removed from the US.

Frequently asked questions