Receiving asylum grants individuals the opportunity to reside and work legally in the United States, eventually leading to the possibility of applying for lawful permanent residence and citizenship. However, it’s crucial to understand the regulations surrounding asylee status, particularly when considering international travel. A key question for many is: Can An Asylum Seeker Travel Abroad?
The short answer is yes, but with significant caveats. This article will delve into the complexities of international travel for asylum seekers and asylees, highlighting potential risks and providing essential guidance.
When Can Asylum Status Be Revoked?
While rare, the Department of Homeland Security (DHS) can theoretically reopen a case and attempt to terminate asylum if certain conditions are met:
- Changed Country Conditions: If conditions in the asylee’s home country have fundamentally improved, eliminating the fear of persecution.
- Serious Crime: If the asylee committed a serious crime, either persecutory or non-political, outside the U.S.
- Security Threat: If the asylee poses a threat to the security of the United States.
- Firm Resettlement: If the asylee was firmly resettled outside the U.S. before arrival.
- Safe Third Country Agreement: If the asylee can be removed to a safe third country with protections under a bi-lateral agreement.
- Voluntary Return: If the asylee has voluntarily returned to their home country.
- Acquisition of New Nationality: If the asylee has acquired a new nationality.
In practice, asylum revocation is uncommon without new evidence of serious crimes committed in the U.S. or fraudulent asylum claims. Nevertheless, asylum isn’t a guaranteed lifetime status, emphasizing the importance of applying for lawful permanent residence one year after being granted asylum.
Staying Informed: Change of Address
Maintaining accurate contact information with U.S. Citizenship and Immigration Services (USCIS) is crucial for asylum seekers and asylees. Any address changes should be reported promptly using Form AR-11, available on the USCIS website. Keeping a copy of the form and sending it via certified mail with return receipt requested is recommended.
If a case is pending in Immigration Court, Form EOIR 33 should be used. A copy must also be served on the ICE district counsel. Even after asylum is granted, informing USCIS of address changes is vital, especially during the application for legal permanent residence. Failure to do so could lead to application denial and significant delays.
Traveling as an Asylee: Key Considerations
Asylees can travel outside the United States, but only with a United States-issued Refugee Travel Document. Returning to their home country before becoming a U.S. citizen and obtaining a U.S. passport is strongly discouraged, as it could lead DHS to question their continued fear of persecution and deny reentry.
Using a passport from their country of origin can also jeopardize their asylum status, as it may be interpreted as seeking protection from that government, suggesting they no longer require asylum.
While technical grounds of inadmissibility (e.g., unlawful presence or prior entry with a false passport) generally don’t pose a risk for asylees traveling abroad, any criminal convictions in the U.S. warrant consultation with an immigration attorney before international travel.
Even after obtaining legal permanent residence, asylees typically need to use a Refugee Travel Document for international travel until they become U.S. citizens and are eligible for a U.S. passport. It’s crucial to avoid traveling back to their country of origin until U.S. citizenship is obtained, as DHS could potentially reopen the asylum grant upon learning of such travel during the naturalization process.
Individuals with withholding of removal or relief under the Convention against Torture are generally prohibited from traveling abroad, as leaving the U.S. could be considered self-enforcement of a removal order, preventing reentry.
From Asylum to Permanent Residence: Adjustment of Status
Asylees are eligible to apply for adjustment of status to legal permanent residence (green card) one year after being granted asylum, according to 8 CFR 209.2. To qualify, they must demonstrate:
- Physical presence in the U.S. for one year after being granted asylum.
- Continued status as a “refugee” with a well-founded fear of persecution.
- Absence of firm resettlement in any foreign country.
- Admissibility to the U.S. or eligibility for a waiver of inadmissibility.
Required documents for adjustment of status include:
- Form I-485 and appropriate fee (or fee waiver request).
- Fingerprint fee.
- Passport-style photographs.
- Form G-325A.
- Evidence of asylee status (copy of I-94 and asylum grant letter or Immigration Judge decision).
- Birth certificate (if available).
- Proof of U.S. residence for the past year (e.g., lease, bills, pay stubs, government benefits).
- Proof of legal name change (if applicable).
Unlike most applicants, asylees aren’t required to prove they are unlikely to become a public charge, meaning receiving means-tested benefits won’t hinder their eligibility. Fee waivers are also available for those demonstrating financial hardship.
Following filing, an interview notice and medical examination form will be issued. Applicants who entered the U.S. with fraudulent documents may need to submit Form I-602 for a waiver of inadmissibility. While the interview focuses on adjustment eligibility, officers may inquire about the underlying asylum claim if there’s suspicion of changed circumstances or fraud.
The Final Step: Naturalization
After obtaining permanent residence, individuals can apply for naturalization to become U.S. citizens after five years. However, for asylees, the date of admission is typically adjusted to one year before the approval of their adjustment of status application, effectively reducing the waiting period to four years, as per 8 CFR 209.2(f).
Achieving U.S. citizenship provides full legal protections and a permanent, virtually irrevocable status. This entire process, from initial asylum application to naturalization, can take a decade or more, underscoring the importance of consistent communication with DHS throughout the process for a successful new life in the United States.
Disclaimer: This information is intended for general guidance only and should not be considered legal advice. Asylum seekers and asylees should consult with qualified immigration attorneys for personalized guidance.
