Can You Go Back Home When Political Asylum Is In Process?

Political asylum means that you can reside in the United States permanently as long as the government grants you refuge from the fear of extreme persecution. But you may wonder, can you go back home during political asylum? 

Is Traveling Back Home Possible?

Since political asylum grants you the right to be in the United States to gain protection from persecution, it is possible for asylum seekers to go back home. However, doing so is generally discouraged by immigration attorneys, especially if an asylee sought refuge in America due to past persecution or fear of imminent persecution.

The United States Citizenship and Immigration Services grants asylum status to people primarily based on their claims of prior persecution or fear of future persecution. You can jeopardize your immigration status if you are not concerned about your safety returning to the country you fled.

While asylum cases differ and exceptions can be made, it is important to speak to an experienced immigration attorney, before you decide to get travel documents to go back home.

Travel Document

To be permitted to leave the U.S. and return as an asylee or refugee during political asylum, you need a particular travel document (refugee travel document), which serves as a passport. The USCIS gives this document to those who have already been granted asylum or refugee status.

Those who leave the country without obtaining refugee travel credentials risk being unable to return. They might actually be qualified for removal proceedings before immigration judges.

It is important to note that asylum seekers cannot obtain refugee travel documents. Instead, they are given anticipatory parole travel documents, enabling them to return to the U.S. without needing a visa.

Asylum seekers who want to return home but still have a chance to enter the U.S. must file Form I-131 before departing America. The processing of Form I-131 takes about three months, though it can vary in length.

Traveling Overseas While Political Asylum Is In Process

The USCIS may assume that people who depart the country without receiving early parole have given up on their claim for political asylum. If you want to travel before your asylum claim is approved, it is crucial to speak to an immigration lawyer first. 

Situations can vary, and exemptions for asylee travel outside of America can depend on specific facts in a case. It mainly refers to people leaving the country where they were persecuted or were concerned about persecution.

Obtaining advance parole is more straightforward for those who have received political asylum. The USCIS cannot stop you from traveling internationally or even going to the country where you were persecuted, but doing so puts your asylum status in jeopardy. 

It is advised to apply for a travel document by submitting Form I-131 if you are leaving the country briefly to return and retain your asylum status while working toward the adjustment of status.

Obtaining A Green Card

All worries about leaving the country and returning will be gone if you get a Green Card and U.S. citizenship. You must file Form I-485, an application to modify your status or seek permanent residence if you wish to obtain a Green Card during political asylum. After five years, American citizens with Green Cards can apply for citizenship.

If you obtain a Green Card or U.S. citizenship, all concerns regarding leaving and returning will vanish.  If you want a Green Card, you must submit Form I-485, an application to change your status or apply for permanent residence. American citizens with Green Cards can petition for citizenship after five years.

Summary

No one has the right to impede an asylee’s freedom of movement during the political asylum process. Yet, doing so raises concerns and jeopardizes their status, mainly if they go to a nation they initially fled. Asylees who want to return home and enter the U.S. must follow specific guidelines. 

To get a clearer understanding and thorough guidance on your political asylum, seek help from an experienced asylum attorney from Lincoln-Goldfinch Law. The firm has a team of dedicated immigration attorneys who aim to provide legal services the way you need them.

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