Can I Travel With Asylum Pending? What You Need To Know

Navigating travel while your asylum application is pending can be tricky, but TRAVELS.EDU.VN is here to guide you through the complexities. While technically possible, traveling outside the U.S. with a pending asylum case requires careful consideration and preparation to ensure your return and the integrity of your application. We will explore the potential risks, necessary precautions, and alternative options available to you, so you can make informed decisions about your travel plans.

1. What Are The Risks Of Traveling With A Pending Asylum Case?

Traveling while your asylum application is pending carries significant risks that could jeopardize your case and your ability to return to the United States. While it’s technically permissible to travel outside the U.S. while awaiting your asylum interview, it’s generally not recommended, according to U.S. Citizenship and Immigration Services (USCIS).

Questioning by Customs and Border Protection (CBP): Upon re-entry, you’ll face scrutiny from CBP, who can question your reasons for travel and review your admissibility.
Potential Inadmissibility Issues: Past immigration or criminal history could lead to denial of re-entry, even with travel documents.
- Unlawful presence in the U.S. for six months or more can trigger inadmissibility. According to the Immigration and Nationality Act (INA) Section 212(a)(9)(B), individuals unlawfully present in the U.S. for more than 180 days but less than one year, who then depart, are barred from re-entering the U.S. for three years.
- Even though your current presence is lawful, past unlawful presence can be problematic.
Missing Your Asylum Interview: Travel timing might conflict with your scheduled interview, leading to delays or denial of your application. USCIS generally does not reschedule asylum interviews unless there are extraordinary circumstances. Missing an interview without a valid reason can result in your asylum application being denied.
Abandonment of Application: The biggest risk is traveling back to the country where you fear persecution, which will lead to the presumption that you have abandoned your asylum application. According to the USCIS Policy Manual, returning to your home country can be seen as evidence that your fear of persecution is not genuine.
Legal Ramifications: Traveling without proper authorization can have dire legal consequences, potentially leading to a permanent bar from re-entering the United States. It’s essential to consult an immigration attorney before making any travel plans.

2. Should I Consult An Immigration Attorney Before Traveling?

Yes, consulting an immigration attorney before traveling with a pending asylum case is highly recommended to fully understand the potential ramifications.

Expert Guidance: An attorney can assess your specific situation, including any inadmissibility issues or potential risks. According to the American Immigration Lawyers Association (AILA), seeking legal counsel can significantly improve your chances of a successful outcome.
Risk Assessment: Attorneys can help you evaluate the risks and determine if traveling is in your best interest.
Advance Parole Assistance: If travel is deemed safe, they can assist with the Advance Parole application process.
Interview Preparation: As your interview approaches, an attorney can help you prepare and appear with you, either at the Asylum Office or in Immigration Court.

3. What Is Advance Parole And How Do I Apply For It?

Advance Parole is a travel document that allows certain non-citizens to re-enter the U.S. while their immigration status is being processed. It’s essentially permission to re-enter the U.S. before your application is approved.

How to Obtain Advance Parole: To travel while awaiting your asylum interview, you need to apply for Advance Parole by submitting Form I-131, Application for Travel Document, to USCIS. According to USCIS, this form must be filed and approved before you leave the United States.
Application Process:
1. Complete Form I-131: Fill out the application accurately and completely.
2. Include Supporting Documents: Provide evidence to support your need to travel, such as medical records, business obligations, or family emergencies.
3. Pay the Filing Fee: As of 2024, the filing fee for Form I-131 is $575. Check the USCIS website for the most current fee.
4. Submit Your Application: Mail the application to the appropriate USCIS Service Center.
Processing Times: Processing times for Advance Parole can vary, so apply well in advance of your intended travel. Check the USCIS website for current processing times.

Table: Steps to Apply for Advance Parole

Step	Description
1. Complete Form I-131	Fill out the application form accurately and completely.
2. Gather Documentation	Provide evidence to support your need to travel.
3. Pay Filing Fee	Submit the required fee, currently $575 (check USCIS for updates).
4. Submit Application	Mail the completed application to the designated USCIS Service Center.

4. What Documentation Do I Need To Re-Enter The U.S. With Advance Parole?

When re-entering the U.S. with Advance Parole, you’ll need specific documentation to ensure a smooth process.

Valid Passport: Your passport should be valid for at least six months beyond your intended return date.
Advance Parole Document (Form I-512L): This is the official travel document issued by USCIS.
Asylum Application Receipt (Form I-797C): Proof that your asylum application is pending.
Any Other Relevant Documents: Include any documents that support your admissibility, such as previous visas or immigration approvals.

5. What Happens If My Advance Parole Is Denied?

If your Advance Parole is denied, you should not leave the United States until your asylum case is resolved.

Risk of Being Denied Re-Entry: Without Advance Parole, you risk being denied re-entry to the U.S., which could jeopardize your asylum application.
Consult an Attorney: Seek legal advice to understand the reasons for the denial and explore your options. According to the Immigrant Legal Resource Center (ILRC), an attorney can help you determine the best course of action.
Potential Options:
- Motion to Reopen: In some cases, you may be able to file a motion to reopen your case if there were errors in the denial.
- Reapply: Depending on the reasons for the denial, you may be able to reapply for Advance Parole with additional documentation.

6. Can I Travel Back To My Home Country While My Asylum Application Is Pending?

No, traveling back to your home country while your asylum application is pending is strongly discouraged and can have severe consequences.

Presumption of Abandonment: USCIS will likely presume that you have abandoned your asylum application if you return to the country where you fear persecution.
Fraudulent Application Concerns: Your return could lead USCIS to believe that your asylum claim is not genuine.
Permanent Bar from Re-Entry: This could result in a permanent bar from re-entering the United States. According to the INA Section 212(a)(9)(C), individuals who have been unlawfully present in the U.S. for more than one year, depart, and then attempt to re-enter without being admitted are permanently barred from re-entry.

7. What Are The Exceptions To The Rule Against Traveling To My Home Country?

While returning to your home country is generally not advised, there might be extremely rare exceptions.

Extraordinary Circumstances: If there are compelling humanitarian reasons, such as the serious illness or death of a close family member, you might consider traveling. However, this still carries significant risk.
Consult an Attorney: It’s crucial to consult an immigration attorney before making any decisions. They can help you assess the risks and prepare supporting documentation.
USCIS Approval: Even with extraordinary circumstances, you would need to seek permission from USCIS before traveling.

8. What If I Have Dual Nationality? Can I Travel To My Other Country Of Citizenship?

If you have dual nationality, traveling to your other country of citizenship might be an option, but it still requires careful consideration.

Potential Risks: While it’s not your country of claimed persecution, travel to any country outside the U.S. can raise questions with CBP.
Advance Parole: You still need to apply for and receive Advance Parole before traveling.
Transparency: Be transparent with USCIS about your travel plans and provide documentation to support your reasons for traveling.

9. How Does My Criminal History Affect My Ability To Travel?

Your criminal history can significantly impact your ability to travel and re-enter the U.S. while your asylum application is pending.

Inadmissibility Issues: Certain criminal convictions can make you inadmissible to the U.S.
Consult an Attorney: An immigration attorney can review your criminal record and advise you on the potential risks.
Potential Outcomes: Depending on the severity of your criminal history, you could be denied Advance Parole or re-entry to the U.S.

10. What Factors Does USCIS Consider When Deciding Whether To Grant Advance Parole?

USCIS considers several factors when deciding whether to grant Advance Parole.

Reasons for Travel: USCIS evaluates the reasons for your travel to determine if they are legitimate and necessary. According to the USCIS Policy Manual, valid reasons for travel include humanitarian needs, family emergencies, or business obligations.
Risk of Abandonment: USCIS assesses whether your travel plans indicate an intention to abandon your asylum application.
Admissibility: USCIS reviews your immigration and criminal history to determine if you are admissible to the U.S.

Table: Factors USCIS Considers for Advance Parole

Factor	Description
Reasons for Travel	USCIS assesses the legitimacy and necessity of your travel, considering factors like humanitarian needs, family emergencies, or business duties
Risk of Abandonment	USCIS evaluates whether your travel plans suggest an intention to abandon your asylum application
Admissibility	USCIS reviews your immigration and criminal history to ensure your admissibility to the U.S.

11. What Are The Alternatives To Traveling While My Asylum Case Is Pending?

If you’re concerned about the risks of traveling while your asylum case is pending, there are alternative options to consider.

Delay Travel: If possible, postpone your travel plans until your asylum case is resolved.
Video Conferencing: Utilize video conferencing for important meetings or family events.
Send Representatives: If necessary, send a trusted representative in your place.

12. How Can TRAVELS.EDU.VN Help Me Navigate This Process?

TRAVELS.EDU.VN understands the complexities of navigating travel with a pending asylum case and offers comprehensive support to ensure a smooth and informed process. We can connect you with qualified immigration attorneys who can provide expert legal advice and assist with your Advance Parole application.

Expert Legal Advice: We partner with experienced immigration attorneys who can assess your specific situation and provide tailored guidance.
Assistance with Advance Parole: Our network of attorneys can help you complete and submit Form I-131, ensuring accuracy and completeness.
Risk Assessment: We can help you evaluate the risks associated with travel and make informed decisions.
Information and Resources: TRAVELS.EDU.VN provides up-to-date information and resources on immigration law and procedures.

13. What Are Some Common Mistakes To Avoid When Applying For Advance Parole?

To ensure your Advance Parole application is processed smoothly, avoid these common mistakes.

Incomplete Application: Make sure to fill out all sections of Form I-131 accurately and completely.
Missing Documentation: Include all required supporting documents, such as proof of your pending asylum application and evidence of your need to travel.
Late Filing: Apply for Advance Parole well in advance of your intended travel date to allow sufficient processing time.
Traveling Before Approval: Do not leave the United States until your Advance Parole is approved.

14. How Long Is Advance Parole Valid For?

The validity period of Advance Parole varies depending on your individual circumstances.

Specific Dates: Advance Parole documents typically specify the dates within which you are permitted to re-enter the U.S.
Case-by-Case Basis: The validity period is determined on a case-by-case basis by USCIS.
Check the Document: Always check your Advance Parole document (Form I-512L) for the exact validity dates.

15. Can I Extend My Advance Parole While Outside The U.S.?

No, you cannot extend your Advance Parole while outside the U.S. If your Advance Parole expires while you are abroad, you will need to apply for a new Advance Parole document before returning to the U.S.

Reapply: You must reapply for Advance Parole by submitting a new Form I-131.
Potential Risks: There is no guarantee that your new application will be approved, so it’s best to return to the U.S. before your current Advance Parole expires.

16. What Happens If I Overstay My Advance Parole?

Overstaying your Advance Parole can have serious consequences.

Loss of Status: You may lose your asylum application status.
Deportation: You could be subject to deportation from the U.S.
Future Immigration Issues: It can negatively affect your future immigration applications.

17. What Should I Do If I Am Detained At The Border When Re-Entering With Advance Parole?

If you are detained at the border when re-entering with Advance Parole, it’s important to remain calm and assert your rights.

Remain Calm: Stay calm and polite, but do not answer any questions without an attorney present.
Request an Attorney: Request to speak with an attorney immediately.
Present Your Documents: Show your valid passport, Advance Parole document, and asylum application receipt.
Do Not Sign Anything: Do not sign any documents without consulting with an attorney.

18. Where Can I Find Free Or Low-Cost Legal Assistance?

Fortunately, asylum seekers can often find help from volunteer attorneys or nonprofit organizations serving immigrants and refugees. Several organizations offer free or low-cost legal assistance to asylum seekers.

American Immigration Lawyers Association (AILA): AILA provides a directory of immigration attorneys, some of whom offer pro bono services.
Immigrant Legal Resource Center (ILRC): ILRC offers resources and training to legal professionals and community organizations serving immigrants.
Local Nonprofits: Many local nonprofit organizations provide free or low-cost legal services to immigrants and refugees.

19. How Can I Prepare For My Asylum Interview?

Preparing for your asylum interview is crucial to the success of your case.

Review Your Application: Thoroughly review your asylum application and supporting documents.
Practice Your Testimony: Practice answering questions about your fear of persecution and the reasons why you are seeking asylum.
Gather Additional Evidence: Collect any additional evidence that supports your claim, such as news articles, medical records, or witness statements.
Consult with an Attorney: Work with an attorney to prepare for your interview and understand what to expect.

20. What Are The Current Processing Times For Asylum Applications?

The processing times for asylum applications can vary significantly depending on the USCIS Service Center and the complexity of your case.

Check USCIS Website: Visit the USCIS website for the most current processing times.
Case-Specific Factors: Processing times can be affected by factors such as backlogs, staffing levels, and the volume of applications received.
Expedited Processing: In some cases, you may be able to request expedited processing if you have a compelling reason, such as a medical emergency or a threat to your safety.

21. What Are Some Resources For Asylum Seekers In The U.S.?

Several resources are available to support asylum seekers in the U.S.

USCIS Website: The USCIS website provides information on asylum eligibility, application procedures, and related topics.
Refugee and Immigrant Organizations: Many organizations offer assistance with housing, food, legal services, and other needs.
Community Support Groups: Connect with other asylum seekers and share experiences and resources.

22. What Are The Grounds For Asylum In The U.S.?

To be eligible for asylum in the U.S., you must demonstrate that you have a well-founded fear of persecution based on one of five protected grounds:

Race: Fear of persecution based on your race or ethnicity.
Religion: Fear of persecution based on your religious beliefs.
Nationality: Fear of persecution based on your country of origin.
Political Opinion: Fear of persecution based on your political views.
Membership in a Particular Social Group: Fear of persecution based on your membership in a group with shared characteristics.

23. What Evidence Do I Need To Support My Asylum Claim?

Gathering strong evidence is crucial to support your asylum claim.

Personal Testimony: Your personal testimony about your experiences of persecution is essential.
Supporting Documents: Provide any documents that support your claim, such as police reports, medical records, news articles, or witness statements.
Expert Testimony: In some cases, expert testimony may be helpful to explain the conditions in your home country or the reasons why you fear persecution.

24. What Happens After My Asylum Interview?

After your asylum interview, USCIS will review your application and evidence and make a decision on your case.

Approval: If your asylum application is approved, you will be granted asylum status and can apply for a work permit and a Social Security number.
Denial: If your asylum application is denied, you may be able to appeal the decision to the Board of Immigration Appeals (BIA).
Referral to Immigration Court: If your asylum application is denied and you are not in lawful immigration status, you may be referred to immigration court for removal proceedings.

25. What Are My Rights If I Am Placed In Removal Proceedings?

If you are placed in removal proceedings, you have certain rights under U.S. law.

Right to an Attorney: You have the right to be represented by an attorney at your own expense.
Right to Present Evidence: You have the right to present evidence and witnesses on your behalf.
Right to Appeal: You have the right to appeal the decision of the immigration judge to the BIA.

26. How Does My Family’s Status Affect My Asylum Application?

Your family’s status can impact your asylum application in several ways.

Derivative Asylum: If you are granted asylum, your spouse and children may be eligible for derivative asylum.
Joint Application: You and your family members can file a joint asylum application.
Separate Applications: Each family member can file a separate asylum application.

27. What Are The Benefits Of Being Granted Asylum?

Being granted asylum in the U.S. provides numerous benefits.

Legal Status: You will have legal status in the U.S. and can live and work here permanently.
Work Permit: You can apply for a work permit and obtain a Social Security number.
Travel Document: After one year, you can apply for a Refugee Travel Document, which allows you to travel outside the U.S.
Pathway to Citizenship: After five years, you can apply for U.S. citizenship.

28. What Are My Responsibilities As An Asylee?

As an asylee, you have certain responsibilities under U.S. law.

Obey the Law: You must obey all U.S. laws.
Maintain Your Status: You must maintain your asylee status and not engage in any activities that could jeopardize your status.
Report Changes: You must report any changes in your address or marital status to USCIS.

29. Can My Asylum Status Be Revoked?

Yes, your asylum status can be revoked under certain circumstances.

Fraud: If you obtained asylum through fraud or misrepresentation, your status can be revoked.
Changed Circumstances: If the conditions in your home country have changed to the extent that you no longer have a well-founded fear of persecution, your status can be revoked.
Criminal Activity: If you commit certain crimes, your asylum status can be revoked.

30. What Is The Difference Between Asylum And Refugee Status?

Asylum and refugee status are similar, but there are key differences.

Location: Asylum is for individuals who are already in the U.S., while refugee status is for individuals who are outside the U.S.
Application Process: The application process for asylum and refugee status is different.
Eligibility Criteria: The eligibility criteria for asylum and refugee status are similar, but there may be some variations.

Navigating the complexities of traveling with a pending asylum case requires careful planning and expert guidance. TRAVELS.EDU.VN is committed to providing you with the resources and support you need to make informed decisions and protect your immigration status. Contact us today at 123 Main St, Napa, CA 94559, United States, Whatsapp: +1 (707) 257-5400, or visit our website at travels.edu.vn to learn more about our services and how we can help you navigate the asylum process. Let us help you experience the peace of mind you deserve while planning your Napa Valley getaway.