Michaela Krajanova
An asylee is a person who has been granted asylum in the United States and is protected from being returned to their home country. However, if an asylee travels back to their home country, the USCIS may suspect that they did not actually fear persecution when applying for asylum. Asylees may be able to travel to their home country after becoming a US citizen, but there are still risks involved. For example, the US government can terminate asylum status if it determines that the person has voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such a country.
| Characteristics | Values |
|---|---|
| Can asylee travel to their home country after becoming a US citizen? | Yes, but it is not recommended. |
| What happens if an asylee travels to their home country after becoming a US citizen? | USCIS may suspect that the asylee did not fear persecution when applying for asylum. |
| What happens if an asylee travels to their home country frequently? | USCIS will become especially suspicious. |
| What happens if an asylee travels to their home country and then returns to the US? | The US government can terminate asylum status. |
| What happens if an asylee travels to a third country using their home country's passport? | The US government can terminate asylum status. |
| What happens if an asylee travels to their home country after getting a green card through marriage? | Returning to the US and the naturalization process may be harder. |
| What happens if an asylee travels to their home country after getting a green card through asylum? | Returning to the US and the naturalization process may be harder. |
What You'll Learn
- Asylees can request permission to travel overseas
- Asylum can be terminated if the person returns to their home country
- Asylum can be terminated if the person uses their home country's passport to travel to a third country
- USCIS may suspect that the person did not fear persecution when applying for asylum if they travel back to their home country
- Asylees may be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance
Asylees can request permission to travel overseas
The US government can terminate asylum status if it determines that the person has "voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country". This means that asylum can be terminated if the person placed themselves under the protection of their home government by returning to their country (or even by using the passport from their home country to travel to a third country).
If an asylee has a green card based on their status as a derivative asylee, they should have no issues going home – the US government should not care about travel to the home country by a derivative asylee. However, it is still not recommended for asylees to travel to other countries, even if it is not their country of origin.
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Asylum can be terminated if the person returns to their home country
If an asylee has a green card or is a US citizen, the US government can terminate asylum status if it determines that the person has "voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country". This means that asylum can be terminated if the person placed themselves under the protection of their home government by returning to their country or even by using the passport from their home country to travel to a third country.
If an asylee has obtained their green card through marriage, they may still be able to return to their home country without issue. However, it is not recommended for asylees to travel to other countries, even if it is not their country of previous habitual residence. Only after becoming a citizen will the risks of travelling decrease.
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Asylum can be terminated if the person uses their home country's passport to travel to a third country
An asylee is protected from being returned to their home country and is authorised to work in the United States. They may also apply for a Social Security card, request permission to travel overseas, and petition to bring family members to the United States. After one year, an asylee may apply for lawful permanent resident status (a green card). Once they become a permanent resident, they must wait four years to apply for citizenship.
If a person travels back to their home country after receiving asylum, USCIS could suspect that they did not actually fear persecution when applying for asylum. If the person travels to their home country frequently, USCIS will become especially suspicious. If you have travelled back to your home country since receiving asylum, you will need to explain to USCIS why you did so and show that the underlying risk of persecution on your asylum application was real.
However, if you got your green card based on your status as a derivative asylee, the US government should not care about travel to the home country. In this case, you should have no issues going home.
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USCIS may suspect that the person did not fear persecution when applying for asylum if they travel back to their home country
Travelling to your home country after becoming a US citizen
If you are a US citizen, you are free to travel to your home country. However, if you are a former asylee, USCIS may suspect that you did not fear persecution when applying for asylum if you travel back to your home country. This is because the basis of an asylum application is that the applicant fears persecution in their home country. If you travel there regularly, it appears that the fear and risk of persecution were actually low.
If you have travelled back to your home country since receiving asylum, you will need to explain to USCIS why you did so. For example, you may have had to return for an urgent matter that outweighed the risks. You will also need to show that the underlying risk of persecution on your asylum application was real.
If you are a derivative asylee and you are now divorced, you should have no issues going home. The US government should not care about travel to the home country by a derivative asylee.
It is also important to note that even if you have a green card or are a US citizen, the US government can terminate your asylum status if it determines that you have "voluntarily availed [yourself] of the protection of the country of nationality or last habitual residence by returning to such a country". This means that asylum can be terminated if you place yourself under the protection of your home government by returning to your country or even by using the passport from your home country to travel to a third country.
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Asylees may be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance
Asylees can request permission to travel overseas, but it is not recommended. If a person travels back to their home country after receiving asylum, USCIS could suspect that they did not actually fear persecution when applying for asylum. If the person travels to their home country frequently, USCIS will become especially suspicious. The basis of an asylum application is that the applicant fears persecution in their home country, and when they regularly travel there, it appears that the fear and risk of persecution were actually low. If you have travelled back to your home country since receiving asylum, you will need to explain to USCIS why you did so and show that the underlying risk of persecution on your asylum application was real.
The US government can terminate asylum status if it determines that the person has "voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country". This means that asylum can be terminated if the person placed themselves under the protection of their home government by returning to their country or even by using the passport from their home country to travel to a third country.
However, if you got your green card based on your status as a derivative asylee, and you are now divorced, you should have no issues going home – the US government should not care about travel to the home country by a derivative asylee.
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Frequently asked questions
Yes, once a person has become a US citizen, they are free to travel to their home country. However, if they travel to their home country before becoming a citizen, USCIS may become suspicious and question whether the person was actually at risk of persecution in their home country.
It is not recommended for an asylee to travel to their home country after getting a green card, as it may make the naturalisation process more difficult. However, if the person has a green card based on their status as a derivative asylee, and they are now divorced, they should have no issues going home.
An asylee may request permission to travel overseas, but it is not recommended. If a person travels back to their home country after receiving asylum, USCIS could suspect that they did not actually fear persecution when applying for asylum.
