Bashu Phulara, a New York-based immigration attorney, has outlined potential challenges for asylees and asylum-based permanent residents considering travel to their home countries. Drawing on common client inquiries, Phulara explains that such travel could impact asylum status, permanent residency, and naturalization eligibility, or even lead to removal proceedings in the United States.
“Asylum is granted because an individual demonstrates a well-founded fear of persecution in their home country,” Phulara explains. “When someone voluntarily returns to that country, it raises red flags with U.S. immigration authorities. Depending on the situation, the consequences can be severe—ranging from the loss of legal status to deportation.”
Phulara notes that one of the most immediate risks is the potential termination of asylum status. U.S. Citizenship and Immigration Services (USCIS) or an immigration judge may interpret a return trip as evidence that the individual no longer fears persecution. “If the government believes the original asylum claim is no longer valid—or worse, was fraudulent—it can initiate proceedings to terminate asylum,” he says.
For those who have transitioned from asylum to permanent residency—commonly known as holding a green card—the risks persist. Phulara explains that obtaining a green card one year after asylum approval does not eliminate scrutiny. “If USCIS determines that an asylee didn’t genuinely need protection when they received their green card, their permanent residency could be revoked,” he warns. A trip back to the home country could trigger a review of the original asylum claim, potentially unraveling years of legal progress.
The implications extend even further for those pursuing naturalization. Lawful permanent residents must meet strict requirements, including continuous U.S. residence and good moral character, to become U.S. citizens. “Traveling to the country you claimed to flee can lead USCIS to question the authenticity of your fear,” Phulara says. Such doubts could result in the denial of a citizenship application, stalling an individual’s path to full integration into American society.
Perhaps the most alarming consequence is the possibility of removal from the United States. If asylum status or permanent residency is revoked—particularly on grounds of fraud or misrepresentation—the individual could face deportation proceedings. “If the government proves the asylum claim was invalid, further relief might not be available,” Phulara cautions. “This could mean being forced to leave the country where they sought refuge.”
For asylees or green card holders facing extraordinary circumstances that necessitate travel, Phulara advises careful planning. “Use a Refugee Travel Document (RTD) instead of a home country passport,” he recommends.
However, even with an RTD, reentry into the U.S. could prompt questions from immigration officials. Phulara stresses the importance of consulting an experienced immigration attorney beforehand. “Every case is unique—factors like changes in country conditions, the purpose of the trip, and the length of stay can all influence the outcome.”
Phulara urges his clients and the broader asylum community to fully understand the stakes before booking a flight. “The best way to protect your status is to seek legal counsel and weigh your options carefully,” he says. “Unintended immigration consequences can upend lives, and prevention is far easier than trying to fix a problem after it arises.”
Support NepYork – Your Nonprofit News Media for the Nepali Community
NepYork, a 501(c)(3) nonprofit, is the Showcase of Nepalis in New York, delivering timely local news and vital resources on immigration, housing, taxes, health, business, and more. Our mission is to safeguard community journalism, amplify the voices of Nepali immigrants in NYC, and foster understanding, solidarity, and empowerment.
By donating to NepYork, you help us enhance participation in democracy, improve access to essential resources, and share authentic stories that reflect the vibrant, diverse experiences of Nepali New Yorkers. Together, we can connect, inform, and empower our community. Every contribution ensures these voices are heard and valued.
Donate today to keep Nepali stories alive and thriving in New York!
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
