Asylum Seekers: Can They Travel Abroad?

Asylum seekers can travel abroad, but it is not recommended. While there is no law prohibiting them from leaving the country, they may be putting their asylum case at risk. If an asylum seeker travels outside the country, they will be questioned by Customs and Border Protection when attempting to return to the United States, and they could be denied re-entry. If an asylum seeker returns to their country of origin, their asylum application may be considered abandoned or fraudulent. Asylum seekers should consult an immigration attorney before travelling abroad.

Asylum seekers can travel abroad while awaiting their interview, but it is not recommended

Asylum seekers can technically travel abroad while awaiting their interview, but it is not recommended.

Asylum seekers are people who have fled their country and are seeking protection from persecution and serious human rights violations in another country. Seeking asylum is a human right, and everyone should be allowed to enter another country to seek asylum. However, the process of seeking asylum can be lengthy, and asylum seekers may wait months for their interview. During this time, asylum seekers may want to travel outside the country for various reasons, such as the death or critical illness of a family member, or other humanitarian reasons.

While asylum seekers can technically leave the country while their case is pending, it is strongly recommended that they do not. Travelling abroad can put their asylum case at risk. If they have inadmissibility grounds, such as an unfavourable immigration history or a criminal record, they could be denied re-entry, even with the necessary travel documentation. Additionally, they could miss their scheduled asylum interview, leading to further delays or even denial of their asylum request.

If asylum seekers feel they must travel, they should consult an immigration attorney for advice and submit a USCIS Form I-131, Application for Travel Document, to receive "advance parole" or permission to re-enter the country. It is important to note that even with advance parole, re-entry is not guaranteed, and a Customs and Border Protection (CBP) officer may deny their re-entry.

The biggest travel "don't" for asylum seekers is returning to the country they have indicated as persecuting them. If they do so, their application may be considered fraudulent, and they could face serious consequences such as a permanent bar from re-entering the country. Asylum seekers must also be cautious about travelling to other countries, as it could affect their asylum status and application.

If an asylum seeker travels, they will need to submit a USCIS Form I-131, Application for Travel Document

Asylum seekers can travel outside the United States, but it is not advisable to do so, especially if you are planning to visit the country that you claim has persecuted you. If you have been granted asylum or refugee status, you will need to submit USCIS Form I-131, Application for Travel Document, to obtain a Refugee Travel Document to re-enter the US. This is because you cannot use your personal passport, and so the Refugee Travel Document substitutes for it.

Form I-131 is also used to apply for an Advance Parole Document, which is a temporary travel authorization for asylees returning to the United States without a visa after travelling out of the country. This is the document that asylum applicants with pending cases need to apply for if they want to travel. It is important to note that even with an Advance Parole Document, re-entry to the United States is not guaranteed. A Customs and Border Protection (CBP) officer may deny re-entry at a U.S. port if they believe the applicant is inadmissible.

To apply for an Advance Parole Document, asylum applicants need to file Form I-131, Application for Travel Document, and it must be approved before leaving the country. The processing time for these applications takes approximately three months, but expedited processing is available for specific cases. It is recommended that applicants file at least 60 days prior to leaving the United States. When the application is submitted, USCIS will contact the applicant to attend a Biometric appointment. Failure to attend will result in the application being denied.

If you have a pending asylum application and decide to travel regardless of the risks, you will need to submit Form I-131 to receive what is called "advance parole" (permission to re-enter the U.S. before your application is approved). It is important to apply for advance parole well in advance of your trip and ensure you do not leave the United States without your travel document.

Asylum seekers should not travel to their country of origin, as this could result in their asylum application being rejected

Asylum seekers are people who have fled their home countries in search of safety and protection elsewhere. This may be due to a number of reasons, including violence, persecution, human rights violations, armed conflict, or natural disasters. Seeking asylum is a human right, and those who seek it are protected by international law.

While asylum seekers can legally travel abroad, it is not recommended, especially if they plan to visit their country of origin. Returning to the country where one has claimed to fear persecution can have serious consequences for asylum seekers. It may lead to the assumption that the asylum application was fraudulent, and the applicant may be suspected of having abandoned their asylum claim. This could result in a permanent bar from re-entering the host country and a termination of their asylum status.

If an asylum seeker must travel, they are advised to consult an immigration attorney, who can advise on the risks and assist with the necessary travel documents. To re-enter the host country, asylum seekers will need to obtain a Refugee Travel Document or an Advance Parole Document. However, even with these documents, re-entry is not guaranteed, and a Customs and Border Protection officer may deny their re-entry.

Therefore, asylum seekers should refrain from travelling to their country of origin to avoid jeopardizing their asylum application and their safety.

Asylum seekers can travel within the US without needing an Advanced Parole Document

Asylum seekers in the US can travel within the country without needing an Advanced Parole Document. However, if they wish to leave the country, even briefly, they will need to submit USCIS Form I-131, Application for Travel Document, to obtain "advance parole" or permission to re-enter the US. This is because, while asylum seekers can technically travel outside the US, it is not advisable, and they may be denied re-entry.

If an asylum seeker has a pending asylum case, they can travel within the US with an ID or their passport. They should also carry the documents they were given when they first entered the country. If they have appointments with ICE or ISAP, they are often required to inform an official before travelling outside the state.

It is strongly recommended that asylum seekers do not travel outside the US while their application is pending. If they do, they may be putting their asylum case at risk. Even with a pending asylum application, they will be subjected to questioning from Customs and Border Protection (CBP) when attempting to return to the US. If they have inadmissibility grounds, such as an unfavourable immigration history or a criminal record, they could be denied re-entry, even with the necessary travel documentation.

Additionally, asylum seekers could miss their scheduled asylum interview, leading to delays in receiving a decision from USCIS and potentially resulting in their asylum request being denied. Returning to their country of origin while their asylum application is pending is highly discouraged, as USCIS may suspect a fraudulent application and decide that the applicant has abandoned their asylum request.

Asylum seekers may be able to bring their spouse or children under 21 to join them

Special laws and procedures allow asylees and refugees to reunite with their immediate family members. If you are a refugee or asylee living in the United States, there are legal ways to help your family come and live with you. You can file a Form I-730, Refugee/Asylee Relative Petition, within two years of your admission as a refugee or asylee. If you have lived as a refugee or asylee in the United States for less than two years, you may file Form I-730 to ask that the U.S. government allow your spouse and unmarried children under 21 to join you. Your relatives would be classified as "derivatives" and would need to show that they do not pose a security threat and have never committed a serious crime.

If your Form I-730 petition is approved and your relatives live abroad, they will need to apply for a Visa 92 (if you are an asylee) or a Visa 93 (if you are a refugee) at a U.S. embassy or consulate, which includes attending an interview. If your relatives are already in the U.S., they will need to attend an interview at a USCIS office. The primary purpose of these interviews is to establish that they are truly related to you and do not pose a security threat.

It is important to note that the process of immigrating family members can be complex, and there may be additional requirements or considerations based on individual circumstances. Consulting with an immigration attorney is recommended to ensure that all necessary steps are taken and to navigate the specific situation effectively.

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