Can I Leave The US While I Have Asylum?

The Importance of Knowing Your Restrictions While Under Asylum

Nobody wants to have to flee the country and people they know and love, but this is an unfortunate reality that happens all too often across the world. Every year, thousands of people apply for asylum status in the United States. Being granted this status can give you time to get settled, live and work in the country, and decide what you want to do with your future. However, it’s important to understand what restrictions apply to those with asylum status and how travel can have a serious impact on your case if your application is still pending.

What Is Asylum?

Asylum is an option that is available to those who are already in the United States but are facing deportation to another country. If being deported to that country could result in the person’s harm or persecution, they can apply for asylum. You may also be familiar with refugee status, which is very similar except refugee status is for those who want to come to the United States, while asylum is for those who are already on U.S. soil or at a point of entry. Asylum can only be granted if the potential harm or persecution would be due to your religion, political opinion, race, nationality, or social group.

Are You Allowed to Travel While You Have Asylum?

The answer to this depends on where you’re planning on traveling to and whether you have been granted asylum or your application is still pending. In general, you are free to travel within the United States in both situations. However, if you are planning international travel, there are more restrictions. There is technically no law that keeps those seeking or who have been granted asylum from leaving the country, but it could jeopardize your case, and there’s no guarantee that you would be able to get back to the United States.

If you are intending to travel back to the country you have fled from, keep in mind that your asylum application was based on fearing harm or persecution in that country. While it’s normal to want to be with loved ones if there is a death or other tragic circumstance, doing so could risk your own health and safety.

If your application is still pending and you need to travel for an emergency, such as a medical issue or the illness or death of a loved one, talk with an immigration attorney before making any travel plans. They can help you understand the risks and possible consequences and may be able to suggest alternate options.

What Is a Refugee Travel Document

If you have already been granted asylum status, you may be able to travel internationally with a refugee travel document. This document is for both those who have refugee and asylee status. It is required for readmittance to the United States. To apply for a refugee travel document, you will need to complete Form I-131. This form asks for your personal information as well as the details of your travel, such as where you’re going, when you’re leaving, and how long you plan on being gone.

You’ve probably already experienced that applications processed by the government can take some time to be reviewed, so it’s important to file your application well in advance of your planned travel. This ensures there’s enough time for the application to be processed and reviewed and for you to provide any additional information if requested. It’s not unusual for processing times to be several months, so check with your attorney about when you should file your application or whether there’s any way to expedite the process in an emergency.

What Happens After Asylum Is Granted?

Once asylum has been granted, it is valid for 1 year. This is important to remember because asylum does not grant you lawful permanent resident status or guarantee any status in the United States after that year has passed. If you are not planning on applying for a Green Card, you will need to start making plans immediately for what you will do after your asylum status has expired.

Those who are planning on applying for a Green Card to stay in the United States can do so 1 year after their asylum status is granted. You will be allowed to stay in the country while your Green Card application is pending. Once your status as a lawful permanent resident is granted, you will be able to travel internationally much easier, as long as you are not planning on leaving the country for more than a year.

What Other Restrictions Are There?

Another important restriction to be aware of is whether you can legally work in the United States while you have asylee status. Applying for asylum does not automatically make you able to work. You will need to apply for permission to work in the United States by filing a request for employment authorization. While you can apply for employment authorization 150 days after you file your asylum request, you cannot receive your work permit for another 30 days. This means that it will take a minimum of 6 months to be able to legally work while you are waiting for your asylum application to be processed.

Immigration is complex and can be challenging under the best of circumstances when people have months or even years to plan. Those who are seeking asylum status aren’t likely to have this luxury. If you have fled persecution from your home country and need help understanding how asylum works or what to do after your application has been filed, call the Law Office of Elsy Segovia, P.C., at 973-313-5794 to get help.