If you are an asylum seeker or have secured asylum status and you want to go overseas on a trip, you may wonder, “Can asylees travel outside the U.S.?” People who have or are applying for asylum may be able to leave the United States if they get permission (e.g., a travel document or advance parole) from the U.S. government before they depart. However, those who leave the United States, even if they are a lawful permanent resident, may not be able to return or may face significant delays when trying to come back to the United States.
Getachew & Ansari Immigration Attorneys, P.C. guides people through the asylum and immigration process in a people-first, empowering way. We understand how challenging and dehumanizing it can feel to participate in the immigration system with the United States government as an immigrant or lawful permanent resident. Our team takes intentional steps to make sure our clients have the information they need to go through these procedures every step of the way.
Understanding Asylee Status
As United States Citizenship and Immigration Services describes, asylee status is for people who are physically in the United States, apply for asylum within 12 months of arriving, and meet the definition of a refugee. According to the United States Immigration and Nationality Act, someone may meet this definition if they are unable or unwilling to return to their country of origin because of a credible fear of persecution or torture.
The United States government will ask to review a host of information about the person and their asylee claim to do a credible fear determination. As part of this, the United States government will interview the person about their application, background, and reasons they fear persecution. At the end of the process, the governments will either grant or deny the asylee application.
Can Asylum Seekers Travel?
As USCIS explains, people seeking asylum and who are in the application process should stay in the United States while their request is pending. An exception to this would be if they receive advance parole. An advance parole gives an asylum seeker permission to leave the United States and return without first getting an immigrant visa.
If someone leaves the United States without getting this permission first, they risk becoming ineligible for asylum. One reason for this is that part of the eligibility for asylum is that you are currently in the United States. If you are not physically in the United States during the application process, you may have to change the type of application you file. For example, refugee status may be more appropriate.
What Is an Asylee Travel Document or Advance Parole?
An Asylee Travel Document or, for asylum seekers, advance parole, is a permit the person gets from the United States government that allows them to travel temporarily. An asylee or an asylum seeker must get this permission before leaving the United States, even if they only plan to do a short-term trip.
How To Apply for an Asylee Travel Document
Typically, if you want to apply for an Asylee Travel Document as an asylee or asylum seeker, you may have to prepare and submit Form I-131. USCIS has a list of evidence you need to submit along with the initial paperwork. Different forms apply to different situations so it is a good idea to ensure you have the most recent guidance before you file something.
Consult a knowledgeable immigration attorney to make sure you know what form to use and when. Immigration laws are constantly changing as new regulations are passed and there is a change in who runs the United States government. Because of this, the information you find now may not reflect the latest developments. An immigration law attorney can help you locate the most accurate and updated guidance.
Risks of Traveling Outside the U.S. as an Asylee or Asylum Seeker
You may face several risks if you travel abroad as an asylee or asylum seeker from the United States. As an asylum seeker, you may become ineligible for asylum status if you leave the United States. Additionally, people who are asylees or asylum seekers may inadvertently undermine their credible fear claim if they return to their country of origin or persecution. Likewise, the United States government may not allow someone to return to the U.S. even if they received permission, such as the advance parole or travel document, before leaving.
Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
Getting asylum status can be an empowering step in helping you establish yourself in a safe environment so you can not only survive but also thrive. However, if you are seeking asylum, are an asylee, or have a lawful permanent residence because of a previous asylum claim, you may want to know if you can travel outside of the U.S. You may be able to visit another country; however, you may have to seek special permission from the United States government before doing so. And even if you have this permission, if you leave the United States, there is a possibility that you may encounter issues when trying to return.
At Getachew & Ansari Immigration Attorneys, P.C., we have a unique perspective and appreciation for what it is like to go through the immigration process. One of our founding attorneys, Medya Ansari, knows firsthand the difficulties you can face when trying to return to the United States. Medya’s father left the United States to go on a temporary trip but was denied reentry for years because of a travel ban put in place after he left. While he has since been allowed to return, because of this experience, Medya understands the risks and sense of unfairness involved in these systems. Get in touch with us today by calling 408-292-7995 to talk about what we can do for you.
