As an immigration attorney, I often receive questions from asylees and asylum-based permanent residents about the risks of traveling back to their home country. Asylum is granted based on a well-founded fear of persecution, and voluntarily returning to the country of claimed persecution can raise serious legal concerns. Depending on the circumstances, such travel may lead to the termination of asylum status, loss of permanent residency, denial of naturalization, or even removal from the United States.
Termination of Asylum Status: If an asylee voluntarily returns to their home country, USCIS or an immigration judge may determine that they no longer have a well-founded fear of persecution. The government may initiate termination proceedings if it appears that the original asylum claim is no longer valid or was fraudulent. While each case is evaluated individually, repeated or extended travel to the home country can be viewed as evidence that the person no longer requires U.S. protection.
Risk to Asylum-Based Green Card (Permanent Residency): A person granted asylum can apply for a green card and receive it one year after asylum approval. However, returning to the home country after obtaining permanent residency may trigger a review of their original asylum claim. If USCIS determines that the asylee no longer needed protection at the time they obtained their green card, their permanent residency may be revoked.
Impact on U.S. Citizenship (Naturalization): Lawful permanent residents applying for naturalization must establish continuous residence and demonstrate good moral character. If an applicant has traveled back to the country they fled, USCIS may question whether their fear of persecution was genuine. This can result in the denial of a naturalization application.
Potential Removal (Deportation) from the United States: If asylum is terminated or permanent residency is revoked based on fraud or misrepresentation, the individual may be placed in removal proceedings. If the government proves that the original asylum claim was invalid, the person may be ineligible for further relief and subject to deportation.
Travel Considerations and Precautions: If an asylee or asylum-based green card holder must travel due to extraordinary circumstances, they should apply for a Refugee Travel Document (RTD) instead of using a passport from their home country. Even with an RTD, returning to the home country can still lead to questions from immigration officials upon reentry. Anyone considering such travel should consult with an experienced immigration attorney to assess the risks and legal options.
As an immigration attorney, I advise clients to be fully aware of the legal implications before making travel decisions. Each case is unique, and factors such as changes in country conditions, the reason for travel, and the duration of stay may all affect the outcome. The best approach is to seek legal counsel before making any travel plans to avoid unintended immigration consequences.
This article is for informational purposes only and does not constitute legal advice. Individuals facing immigration concerns should consult an experienced immigration attorney to evaluate their specific circumstances.
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Bashu Phulara Esq.
View More PostsBashu Phulara is an immigration attorney based in New York City, known for his work in U.S. Immigration and Nationality Law. He founded Bashu D. Phulara, P.C., a law firm located in Times Square, where he manages a multilingual team that assists a range of clients, including individuals, families, startups, and large corporations. He holds an LL.M. from Tribhuvan University and a Master of Laws from Cardozo School of Law, bringing a solid legal foundation to his practice.
