Can I Travel Outside the U.S. While My Asylum Case is Pendng?
If you’re waiting on an asylum decision in the U.S., you should think twice before heading abroad. Traveling outside of the U.S. while your case is pending presents various risks, so it’s better to stay put if you can. If you absolutely have to travel abroad, it’s important to understand that you can’t just leave. You must obtain approval first from U.S. Citizenship and Immigration Services (USCIS). Leaving without the necessary paperwork could make the government think you’re ditching the application, which might get your case thrown out and keep you from coming back. Keep reading to learn about advance parole and the importance of connecting with a knowledgeable Lyndhurst Employment Immigration Attorney to determine your next steps.
Can You Leave the U.S. While Your Asylum Case is Pending?
Are you thinking of taking a trip overseas? Before you do so, it’s crucial to understand how this can affect your pending asylum case. Generally, you need to first obtain a special travel document called “advance parole” before booking anything. This paper from USCIS basically affords foreign nationals like you, who are waiting on immigration benefits, approval to leave the country and come back without forfeiting their application.
It should be noted that this document must be stamped before you leave, or you jeopardize your case. Additionally, even if you have advance parole, re-entering the U.S. isn’t a done deal. Border agents have the final say and can still deny entry.
What Happens If I Travel Without Advance Parole?
If you travel internationally while your asylum decision is still underway without advance parole, your case is basically toast. USCIS will treat it like you’ve thrown in the towel on the asylum process. Therefore, you may need to restart the immigration process from your home country.
The worst move you can make is traveling back to your home country. They’ll figure that you weren’t actually afraid to go back home, which destroys your credibility. Immigration officials will wonder why you need protection if you’re visiting the place you swore was unsafe. To safeguard your asylum application, it’s in your best interest to connect with a dedicated Bergen County immigration attorney.
Are There Any Exceptions?
In most cases, travel abroad is only approved for urgent documented emergencies. As mentioned, traveling to the country you fled from will likely result in your case beind denied. However, if there is a death of a close relative or a medical emergency. It’s adviseable to consult with an attorney at The Law Offices of Salvatore A. Falletta, LLC, before you take any trips while your case is pending to protect your interests. Connect with our firm today to schedule a consultation.
