Can You Travel Outside the U.S. While Your Asylum Application Is Pending?

While you are waiting approval for asylum, you can leave the United States. However it is not generally a good idea. The U.S. Citizenship and Immigration Services (USCIS) will make the decision on whether or not to approve your request for asylum. If you leave while that application is pending, immigration laws allow the USCIS to presume that you have abandoned your asylum application. Presumptions mean that they are allowed to guess at your reasons for leaving without having any evidence of why you left the United States. Legal presumptions like these are very hard to reverse or undo. Because of this presumption, your application can be denied or withdrawn. Even though you may miss a family member dearly, a family visit will probably not be sufficient justification to reverse this presumption.

Apply for an Advance Parole

If you feel that you absolutely must leave, you should apply for what is called an advance parole. To apply, you fill out Form I-131 and submit all required documents and fees. Do not leave the U.S. before your advance parole application is approved. Doing so will result in the presumption discussed above and a denial of your asylum application. Keep in mind that the advance parole does not guarantee re-entry. It functions similar to a visa, which means you will still be subject to inspection and final approval by U.S. Customs and Border Protections. Even with your advance parole, you could be denied re-entry. Because situations arise that could delay your re-entry, it is best not to travel, even with permission, while your asylum application is pending. The delay in re-entry could cause you to miss hearings or deadlines associated with your asylum application, and the eventual denial or withdrawal of your asylum application.

Do Not Travel to Your Native Country While You Are Seeking Asylum

Traveling while you wait for the USCIS’s decision is a generally bad idea. However, returning to your native country from which you are seeking protection is an even worse idea. The effect is the same even if you have an advance parole, or permission, to travel while your asylum application is pending. The purpose of an asylum application is to allow persons who are subject to persecution to receive protection in the United States. If you return to your native country, the return can demonstrate that you are no longer afraid of persecution or that the political climate in your country has changed and you are no longer subject to persecution. This presumption can also cause your asylum application to be denied. Additionally, the USCIS may also find that your application was based on fraud, which means you could be subject to additional penalties. You will have to submit and prove a “compelling reason” for returning to your native country while your asylum application is pending in order to rebut any of the negative consequences.

If your asylum application is denied and you appeal the denial to the Board of Immigration Appeals, leaving the United States during the appeal process can have the same effect on your asylum application as discussed above.

Case Studies: Traveling Abroad During Pending Asylum Applications

Case Study 1: John’s Dilemma

John, a refugee seeking asylum in the United States, had been separated from his family for several years. He received news that his mother was seriously ill and wanted to visit her in their native country. However, John was concerned about the impact this would have on his pending asylum application.

After consulting with an immigration attorney, he learned that leaving the U.S. while his application was pending could result in the presumption of abandonment. Despite his strong desire to see his mother, John decided to postpone his trip until after his asylum application was approved to avoid jeopardizing his chances of receiving protection.

Case Study 2: Maria’s Compelling Reason

Maria, another asylum seeker, had been waiting anxiously for a decision on her application. She received an invitation to attend her sister’s wedding in their native country. Recognizing the potential risks involved, Maria consulted with an immigration attorney to determine if she could travel without jeopardizing her asylum application.

Her attorney helped her build a case for a compelling reason to return, highlighting the significance of the family event and providing evidence of ongoing persecution in their native country. With the attorney’s guidance, Maria submitted the necessary documents and was granted advance parole, allowing her to attend the wedding and return to the U.S. without jeopardizing her asylum application.

Case Study 3: Repercussions of Travel during the Appeal Process

David’s asylum application was initially denied, and he decided to appeal the decision to the Board of Immigration Appeals. Feeling discouraged and wanting to take a break from the stressful process, David considered traveling to a neighboring country.

However, he consulted with his immigration attorney and learned that leaving the United States during the appeal process could have the same effect as leaving during the initial application. The attorney explained that travel could be perceived as a sign that David was no longer afraid of persecution or that conditions had improved in his native country.

Understanding the potential consequences, David decided to remain in the U.S. until the appeal process was complete.

When to Consult With An Immigration Attorney

Even though many of the procedures outlined in the immigration process are time-consuming and seem to be drawn out, deadlines and procedures are still extremely important. Travel can result in forfeiture of deadlines or applications. As such, try to wait until after your asylum application has been approved before making any travel arrangements. If you must travel, consult with an immigration attorney prior to leaving the U.S. to review your reasons for leaving and whether they will satisfy the compelling reason standard upon your return.