If you have applied for asylum in the United States, you may be wondering whether you can leave the country while your case is still pending. Travel during an asylum case is a complex issue that can significantly impact your application and even result in denial. However, there may be options that allow you to travel outside the U.S. even if your asylum case is still pending. It is highly recommended that you secure the help of an experienced Virginia immigration lawyer to avoid issues with your case. Continue reading for more information.
What is Asylum?
Asylum is a form of protection granted to individuals who are already in the United States and meet the definition of a refugee. Under U.S. immigration law, a person is eligible for asylum if they can prove they have suffered past persecution or have a well-founded fear of future persecution in their home country. This persecution must be on account of one of five protected grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
The purpose of asylum is to protect individuals from the danger they face in their home country. Applying for asylum is done by filing Form I-589, the Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS) or with an immigration judge. Being granted asylum allows the individual to live and work legally in the U.S. and remain protected, as long as they continue to meet legal requirements. They may also become eligible to apply for permanent residency one year after being granted asylum.
Can I Travel Outside the U.S. While My Asylum Case is Pending?
Generally, traveling outside the United States while your asylum application is pending is highly discouraged and can be detrimental to your case. The act of seeking asylum is based on the claim that you face persecution in your home country and cannot safely return. Traveling internationally, especially to your home country, may lead USCIS or an immigration judge to believe that your fear of persecution is not genuine, resulting in the denial of your asylum application.
However, if you must travel, the only way to legally and safely do so is by first applying for and obtaining Advance Parole through Form I-131, the Application for Travel Document. Advance Parole allows certain individuals with pending immigration applications, including asylum applicants, to leave and seek reentry to the United States.
It is important to understand that Advance Parole does not grant safe passage to your home country. Even with this document, traveling to the country you claimed persecution from can be used as strong evidence against your claim and may lead to denial, as it undermines your stated fear of returning. You should consult with an experienced immigration lawyer before planning any international travel to ensure you understand the risks and follow the correct procedures.
