Asylee status offers a path to legal residency and potential citizenship in the United States. However, understanding the implications of international travel, especially returning to one’s home country, is crucial. TRAVELS.EDU.VN is here to guide you through the complexities of asylee travel, green card implications, and potential risks involved. With expert advice and tailored travel planning, we ensure your journey is safe and informed. Our services include personalized consultations, travel document assistance, and up-to-date immigration information. Contact TRAVELS.EDU.VN at 123 Main St, Napa, CA 94559, United States or via Whatsapp: +1 (707) 257-5400. Explore your travel options with us and gain peace of mind.
1. Understanding Asylee Status and Green Card Eligibility
When an individual is granted asylum, they receive the legal right to live and work in the United States. This status provides a pathway to eventually apply for lawful permanent residence (a green card) and, subsequently, U.S. citizenship. Asylee status isn’t a permanent guarantee and is subject to certain conditions and regulations.
1.1. Conditions That Could Lead to Revocation of Asylum
The Department of Homeland Security (DHS) retains the authority, at least in theory, to reopen an asylum case and attempt to terminate asylum, potentially leading to the asylee’s removal. This can occur under specific circumstances:
- Fundamental Change in Country Conditions: If the conditions in the asylee’s home country have changed so significantly that they no longer have a well-founded fear of persecution.
- Serious Crime: If the asylee has committed a serious crime, either persecutory or non-political, outside the United States.
- Threat to U.S. Security: If the asylee poses a threat to the security of the United States.
- Firm Resettlement: If the asylee was firmly resettled in another country before arriving in the United States.
- Safe Third Country Agreement: If the asylee can be removed to a safe third country that will provide protection under a bilateral agreement.
- Voluntary Return to Home Country: If the asylee has voluntarily returned to their home country.
- Acquisition of New Nationality: If the asylee has acquired a new nationality.
1.2. Practical Realities of Asylum Revocation
In practice, attempts to revoke asylum are rare without new evidence suggesting that the asylee has committed a serious crime in the United States or fraudulently obtained asylum. However, it’s crucial to remember that asylum isn’t a guaranteed lifetime status.
1.3. The Importance of Applying for Lawful Permanent Residence
To secure their future in the United States, it’s highly recommended that all asylees apply for lawful permanent residence one year from the date their asylum was granted. This step is vital for establishing a stable and permanent legal status.
2. Maintaining Communication with USCIS: The Change of Address Obligation
Keeping the United States Citizenship and Immigration Services (USCIS) informed of any address changes is essential for both asylum seekers and asylees.
2.1. Filing Form AR-11
If your client’s asylum application is pending or has already been granted, they should file a change of address form (AR-11) with USCIS. This form is available on the USCIS website. It’s advisable to keep a copy of the form and mail it via certified mail with a return receipt requested.
2.2. Cases Pending in Immigration Court: Form EOIR 33
If the applicant has a case pending in Immigration Court, they must use form EOIR 33, available on the Department of Justice’s website. This form should also be copied, mailed via certified mail with a return receipt requested, and a copy served on the ICE district counsel.
2.3. Maintaining Contact After Asylum is Granted
Even after an asylum applicant has been granted asylum, they must continue to inform USCIS of address changes, particularly while their application for legal permanent residence is pending. Failure to do so could lead to missed correspondence from USCIS, potentially resulting in the denial of their application and significant delays in obtaining residency.
3. Derivative Asylum for Family Members
Immediate family members who are present in the United States and were included in the original asylum application automatically receive asylum along with the primary applicant. “Immediate family members” typically include the asylee’s spouse and unmarried children under 21 years of age.
3.1. Special Considerations for Spouses Abroad
If the asylee won asylum based on sexual orientation but is still legally married to a spouse abroad, filing a derivative application for that spouse, which acknowledges an opposite-sex relationship, could potentially lead to the reopening of the underlying asylum application.
3.2. Petitioning for Relatives
The asylee must petition for immediate relatives within a two-year period after being granted asylum, though this period may be extended for humanitarian reasons.
4. Employment Eligibility and Social Security Number
Asylees are automatically eligible to work in the United States and don’t require an Employment Authorization Document (EAD).
4.1. Obtaining an Unrestricted Social Security Card
Asylees are eligible for an unrestricted Social Security card, which, along with proof of identity, is sufficient to establish their eligibility to work in the United States. This card can be obtained by applying with the Social Security Administration (SSA), providing the original grant of asylum along with other proof of identity and signature.
4.2. Timing of Application
It’s recommended to wait approximately ten days to two weeks after the final grant of asylum before requesting an unrestricted card. Applicants typically receive the card in the mail roughly two weeks after applying.
4.3. The Role of the Employment Authorization Document (EAD)
Although not required, many asylees opt to apply for an EAD to obtain identity documents, such as state IDs or Driver’s Licenses. An EAD, valid for one year, is offered free of charge to asylees upon initial application, but renewal applications are subject to a fee.
4.4. Automatic Provision of EADs
Congress has recognized the need for asylees to have identity documents to begin their lives in the United States and has decided that EADs will be automatically provided to individuals granted asylum at the Asylum Office.
4.5. Using the Correct Documents for Employment Verification
An EAD should not be used as a substitute for an unrestricted Social Security card and a state-issued ID card. The latter two documents should be used, as soon as they are available, as proof of eligibility to accept employment in the United States when completing an I-9 form with a potential employer.
4.6. Reporting Document Abuse
Some employers may illegally require asylees to present an EAD as proof of employment eligibility. This is considered document abuse and should be reported to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
5. Public Benefits Available to Asylees
Asylees are entitled to certain public benefits, including Social Security Income, Medicaid, and Food Stamps, for the first seven years after being granted asylum. Eligibility for some programs may extend beyond this period, though many programs are time-limited, offering benefits for periods ranging from three months to a year.
5.1. Seeking Guidance from a Public Benefits Counselor
Asylees seeking to access public benefits should consult a qualified public benefits counselor as soon as possible after their final grant of asylum.
5.2. Eligibility Requirements
Clients with cases on appeal or who possess a conditional approval or a recommended approval are generally not eligible for most benefits until the appeal is complete or a final approval is granted. Some benefits, such as Safety Net benefits, only require that an applicant demonstrate PRUCOL (permanently residing under color of law) status, and a pending application may be sufficient for this purpose. Additionally, in many states, HIV-positive foreign nationals can receive HIV/AIDS treatment and medication under the AIDS Drug Assistance Program (ADAP) regardless of immigration status.
5.3. Programs Administered by the Office for Refugee Resettlement
Some benefits programs administered through the Office for Refugee Resettlement provide benefits available only to asylees, refugees, and victims of human trafficking. These programs include refugee cash and medical assistance and should be accessed through a licensed refugee resettlement agency.
5.4. Accessing Additional Services Through CLINIC
Other clients can contact the CLINIC Asylee Hotline to be placed with a refugee resettlement agency. In addition to administering benefits programs and providing general public benefits counseling, these agencies often offer English classes, employment training and placement programs, mental health programs, youth and elderly services, and referrals to other social service agencies as needed.
5.5. Public Charge Rule Exception
Asylees are not required to prove that they are not likely to become a public charge, meaning they can receive government financial benefits without jeopardizing their future ability to obtain permanent residence in the United States.
6. Tax Obligations
Asylees are required to report all income earned in the United States to the Internal Revenue Service (IRS) and to pay taxes on that income.
7. Selective Service Registration
All males in the United States between 18 and 26 years of age are required to register for the draft. Asylees and asylum seekers are not exempt. Failure to register may have implications for your client when he applies to become a U.S. citizen.
Registering for Selective Service is mandatory for males between 18 and 26.
8. International Travel Considerations for Asylees
Asylees can travel outside the United States using a United States-issued Refugee Travel Document. It’s crucial that an asylee doesn’t return to their home country until they have become a U.S. citizen and can travel with a U.S. passport.
8.1. Risks of Returning to the Home Country
If an asylee returns to their home country, DHS could refuse to allow them to re-enter the United States on the grounds that they implicitly no longer fear persecution.
8.2. Traveling with a Refugee Travel Document
Asylees must only travel with a United States-issued Refugee Travel Document. Traveling with a passport issued by the country from which they have been granted asylum can be seen as availing themselves of the protections of their government, potentially leading the U.S. government to conclude that they no longer need asylum protection.
8.3. Grounds of Inadmissibility
While asylees may have technical grounds of inadmissibility, such as unlawful presence in the U.S. or prior entry with a false passport, these immigration violations don’t generally put an asylee at risk if they travel abroad.
8.4. Consulting an Attorney Before Traveling
If an asylee has any criminal convictions in the U.S., they should consult with an immigration attorney before traveling outside the U.S.
8.5. Travel After Obtaining Legal Permanent Residence
Even after obtaining legal permanent residence, asylees will need to use a Refugee Travel Document for international travel. It is only after becoming a U.S. citizen that they become eligible for a U.S. passport.
8.6. Travel to the Home Country After Obtaining a Green Card
Until they obtain U.S. citizenship, asylees should not travel back to their countries. When applying to naturalize, they will have to list all international travel after obtaining legal permanent residence in the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to their country.
8.7. Individuals with Withholding of Removal or Relief Under the Convention Against Torture
Individuals who have won withholding of removal or relief under the Convention against Torture can never travel abroad. Leaving the United States would amount to self-enforcement of a removal order, and they would not be permitted to re-enter the United States.
9. Asylee’s Adjustment of Status to Permanent Residence
One year after being granted asylum, an asylee becomes eligible to apply to adjust their status to legal permanent residence (green card) with USCIS.
9.1. Petitioning for Family Members
Residents may submit petitions to sponsor certain family members—spouses, minor children, and unmarried adult sons and daughters—for legal permanent residence.
9.2. Requirements for Adjustment of Status
To apply for adjustment of status, an asylee must prove that they:
- Have been physically present in the United States for one year after being granted asylum.
- Remain a “refugee” (i.e., with a “well-founded fear of persecution”).
- Have not been firmly resettled in any foreign country.
- Are not “inadmissible” or warrant a waiver of applicable grounds of “inadmissibility.”
9.3. Documents to File with USCIS
The asylee must file the following documents with USCIS:
- Form I-485 and appropriate fee (or fee waiver request).
- Fingerprint fee (this fee cannot be waived).
- Two passport-style photographs.
- Form G-325A.
- Evidence of asylee status (copy of I-94 and letter granting asylum or decision by Immigration Judge).
- Birth certificate (if available).
- Proof that the applicant has been living in the United States for the last year (such as a copy of a lease, bills, pay stubs, or receipt of government benefits).
- Proof of legal change of name (if the applicant has legally changed their name since winning asylee status).
9.4. Public Charge Considerations
Asylees are not required to prove that they are not “likely to become a public charge.” If an asylee has been receiving means-tested benefits such as public assistance or SSI, this will not prevent their eligibility for legal permanent residence.
9.5. Fee Waiver
Adjustment applicants may request a waiver of the filing fee for the adjustment application if they can demonstrate that paying the fee would result in financial hardship.
9.6. The Adjustment Interview
After filing, the applicant will receive an interview notice along with a medical examination form to be completed for the interview as instructed.
9.7. Waiver of Inadmissibility
Applicants for adjustment of status who entered the United States with fraudulent documents (such as a passport purchased on the black market) will also have to submit an application for a waiver of inadmissibility, using Form I-602.
9.8. Focus of the Adjustment Interview
Although the asylee’s asylum application and supporting documentation are part of their file with the CIS Officer, the adjustment interview will focus on eligibility for adjustment to permanent residence, not on the underlying asylum claim. However, if there is reason to suspect that the applicant no longer fears returning to their home country (for example, if the applicant has traveled home or if asylum was granted based on the applicant’s lesbian identity and they are now married to a man), the Officer can ask questions about whether the applicant continues to meet the standard for asylee and/or whether the underlying asylum application was fraudulent.
10. Naturalization: Becoming a U.S. Citizen
A legal permanent resident is permitted to submit an application for naturalization to become a U.S. citizen five years after becoming a resident. However, once an asylee is granted adjustment to permanent residence, the date of admission is given as that of one year before the date of approval of the adjustment of status application, effectively reducing the wait to apply to naturalize to four years.
Becoming a U.S. Citizen is the final step in securing your permanent status in the United States.
10.1. Full Legal Protections
This status provides full protections under the law and permanent, virtually irrevocable status in the United States. This final step in the immigration process may well be 10 years or more from the date the client files an asylum application.
10.2. Importance of On-going Communication
Advising the client of the ongoing nature of proceedings with the Department of Homeland Security is imperative to the success of a new life in the United States.
10.3. Seeking Legal Advice
Asylum seekers should speak with qualified attorneys before applying.
11. The Risks of Traveling Back to Your Home Country with a Green Card
Even after obtaining a green card (lawful permanent residence), traveling back to your home country as an asylee carries significant risks. While it might seem like a green card offers full protection, your asylum status is still tied to the original fear of persecution.
11.1. Potential Re-evaluation of Asylum Claim
Upon your return to your home country, immigration officials may question whether your initial fear of persecution remains valid. This could potentially lead to a re-evaluation of your asylum claim and, in extreme cases, a revocation of your green card.
11.2. Demonstrating Abandonment of Asylum Protection
Returning to your home country could be interpreted as demonstrating that you no longer require the protection that asylum provides. This is especially true if the conditions that led to your asylum grant haven’t significantly changed.
11.3. Impact on Naturalization Application
When you apply for U.S. citizenship, you’ll be required to disclose all international travel after receiving your green card. Traveling back to your home country could raise red flags during the naturalization process and potentially lead to delays or denial of your application.
11.4. Legal Ramifications and Advice
Because of these potential complications, it is crucial to consult with an immigration attorney before traveling back to your home country, even with a green card. They can assess your specific situation, explain the risks involved, and provide guidance on how to minimize potential negative consequences.
12. When is it Safe to Travel Back to Your Home Country?
The safest time for an asylee to travel back to their home country is after they have become a U.S. citizen and possess a U.S. passport. This eliminates the risk of jeopardizing their asylum status, as they are now fully protected by the United States government.
12.1. The Protection of U.S. Citizenship
As a U.S. citizen, you are entitled to the full protection of the United States government, including the right to re-enter the country. Traveling with a U.S. passport signifies your allegiance to the United States and minimizes concerns about your need for asylum protection.
12.2. Seeking Legal Counsel
Even after becoming a U.S. citizen, it’s advisable to consult with an attorney before traveling back to your home country if there are lingering concerns about your safety or if the conditions that led to your asylum grant remain a factor.
13. Alternative Travel Options: Exploring Other Destinations
Instead of traveling back to your home country, consider exploring alternative travel destinations. There are numerous countries that offer enriching and safe travel experiences for asylees and green card holders.
13.1. Cultural Destinations
Consider visiting countries with rich cultural heritage, such as Italy, France, Spain, or Japan. These destinations offer opportunities to explore historical sites, museums, art galleries, and diverse culinary traditions.
13.2. Natural Wonders
Explore countries with stunning natural landscapes, such as Costa Rica, New Zealand, or Iceland. These destinations offer opportunities for hiking, wildlife viewing, and enjoying breathtaking scenery.
13.3. Caribbean Islands
Consider a relaxing getaway to one of the many beautiful Caribbean islands, such as Barbados, St. Lucia, or the Bahamas. These destinations offer pristine beaches, crystal-clear waters, and opportunities for snorkeling, diving, and other water sports.
14. How TRAVELS.EDU.VN Can Help
At TRAVELS.EDU.VN, we understand the complexities and concerns that asylees and green card holders face when considering international travel. Our dedicated team of travel experts is here to provide personalized assistance and guidance to ensure your travels are safe, enjoyable, and compliant with all relevant immigration regulations.
14.1. Personalized Travel Consultations
We offer personalized travel consultations to assess your specific situation and travel goals. Our experts will provide you with up-to-date information on travel restrictions, document requirements, and potential risks associated with your chosen destination.
14.2. Travel Document Assistance
We can assist you with obtaining the necessary travel documents, such as Refugee Travel Documents, and ensure that your documents are valid and meet all requirements.
14.3. Travel Planning and Booking
We can help you plan and book your travel arrangements, including flights, accommodations, and tours, ensuring that your itinerary is tailored to your preferences and budget.
14.4. Ongoing Support
We provide ongoing support throughout your travels, answering any questions you may have and assisting you with any issues that may arise.
15. Call to Action: Plan Your Next Adventure with TRAVELS.EDU.VN
Don’t let uncertainty prevent you from exploring the world. Contact TRAVELS.EDU.VN today to schedule a personalized travel consultation and discover how we can help you plan your next adventure with confidence. Our team is committed to providing you with the expert guidance and support you need to travel safely and enjoyably.
Visit us at 123 Main St, Napa, CA 94559, United States, or contact us via Whatsapp at +1 (707) 257-5400. Let TRAVELS.EDU.VN be your trusted partner in navigating the world of travel as an asylee or green card holder. Your journey awaits!
FAQ: Frequently Asked Questions about Asylee Travel and Green Cards
1. Can an asylee travel back to their home country after obtaining a green card?
Traveling back to your home country as an asylee with a green card carries risks. It can lead to a re-evaluation of your asylum claim and potential loss of your green card.
2. What document does an asylee need to travel internationally?
Asylees must travel with a United States-issued Refugee Travel Document.
3. When is it safe for an asylee to travel back to their home country?
The safest time is after becoming a U.S. citizen and possessing a U.S. passport.
4. Can traveling back to my home country affect my citizenship application?
Yes, it can raise concerns during the naturalization process and potentially lead to delays or denial.
5. What are the eligibility requirements for an asylee to adjust status to permanent residence?
You must have been physically present in the U.S. for one year after being granted asylum, remain a refugee, not have been firmly resettled in any foreign country, and not be inadmissible.
6. Do asylees need an Employment Authorization Document (EAD) to work in the U.S.?
No, asylees are automatically eligible to work in the U.S. and do not require an EAD.
7. Are asylees eligible for public benefits?
Yes, asylees are entitled to certain public benefits like Social Security Income, Medicaid, and Food Stamps for the first seven years after being granted asylum.
8. What is the Selective Service registration requirement for asylees?
All males in the U.S. between 18 and 26 years of age are required to register for the draft, including asylees.
9. How can TRAVELS.EDU.VN help asylees with their travel plans?
travels.edu.vn provides personalized travel consultations, travel document assistance, travel planning and booking, and ongoing support throughout your travels.
10. What should an asylee do if an employer demands an EAD as proof of employment eligibility?
This is considered document abuse and should be reported to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
This comprehensive guide provides asylees with valuable information about their rights, responsibilities, and travel options, ensuring a smooth and informed journey toward permanent residency and citizenship. Remember to consult with qualified professionals for personalized advice.
