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Can I Travel with a Pending Asylum Status?

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Can I travel with a pending asylum status? This is a common question for most immigrants.

Sometimes, asylum cases take a very long time to process. The initial interview may be a year or more away. Asylum applicants sometimes get anxious about remaining in the United States for a long time and ask us whether it would be okay for them to leave the country.

Learn more about:

  • How to check your pending asylum status
  • Travel restrictions for pending asylum application
  • How experienced immigration attorneys can help

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Ways to Check Your Asylum Status

People who have been persecuted or fear persecution in their country might seek safety and move abroad by applying for asylum. In simple terms, it’s a type of protection.

Temporary protection is granted to asylum applicants until the processing of their application.

Here are ways to check your asylum status in the United States:

  1. Receipt notice
  2. Check the case status online or visit the USCIS website.
  3. Contact USCIS at 800-375-5283 (TTY 800-767-1833).
  4. Visit the USCIS Contact Center page.
  5. Check with your attorney for updates on your asylum case.

Note: It may take some time to receive a decision on your asylum application.

Considerations When Asylum Case is Still Pending

If your application for asylum case is pending, and you are thinking about leaving the U.S., you need to think about a few things.

Exploring options for asylum seekers

United States Citizenship and Immigration Services (USCIS) does not explicitly prohibit asylum applicants from leaving the U.S. while their application is pending. However, you must file an I-131 application for advanced parole and have that application approved BEFORE you leave the U.S.  

If you leave the U.S. without obtaining advanced parole, you will most likely be deemed to have abandoned the asylum application. You may not be able to reenter the U.S.

Filing your parole application in advance

You should file your advanced parole application at least three months before you intend to travel. It usually makes sense to request advanced parole shortly after applying for asylum, as you never know when you may need to leave the country quickly.

Avoiding leaving the U.S.

Leaving the U.S. should be avoided if at all possible. Even with a pending asylum application, if you have inadmissibility grounds - such as a visa overstay or criminal history - you may not be allowed to return. 

Returning Home While Pursuing Asylum

Finally, the most important thing about asylum and travel is that you CANNOT return to the country that you are claiming in the asylum application, which would persecute you if you were to return. This would not only be fatal to the asylum application, but it would also open you up to a possible claim of immigration fraud.

If you have applied for asylum, be sure to notify the immigration court or USCIS for more updates.

Final Thoughts

While individuals who apply for asylum might be tempted to seek unconventional means, it’s best to consider the serious legal consequences of such actions. 

Before making any travel decisions, it’s important to consult with an experienced immigration attorney like Hacking Immigration Law, LLC. Our team of experts can guide and protect your asylum status.

Contact us today to evaluate your travel options before you are granted asylum. Ensure your asylum journey remains on track with Hacking Immigration Law, LLC.

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