This article will spell out some things to consider regarding pending asylum cases and travel outside the US. If your asylum application has already been submitted to U.S. Citizenship and Immigration Services, while you technically could travel outside of the United States, this is typically a bad idea. You should consult with your Arizona immigration attorney to be ensure you know what you can and cannot do while awaiting a determination on your asylum case.
What You Should Know About Inadmissibility Grounds
Whenever you exit the country, you will need to be readmitted at the border. You could be denied reentry. For example, if there are any potential problems that could be activated when you exit the U.S. such as a criminal history or an unfavorable immigration history.. These are known as grounds of inadmissibility. This is true even if you have the appropriate documentation. This is why you should speak directly with your Arizona immigration attorney before you leave so that you can be properly advised about whether it is a good idea to leave the United States.
What to Submit Before Traveling to Avoid Problems
If you do opt to travel, you will have to submit form I-131, or the application for travel document, to USCIS well in advance so that you can be granted what is known as advance parole. Make sure you submit this several weeks or months ahead of your trip and do not leave the United States without your travel documents under any circumstances.
What Happens When I Return? Make Sure You’re Prepared
Returning to the country that you are alleging is a danger or persecuting you could have a negative impact on your asylum application. If you do return to this country, then USCIS will assume that you left or abandoned the existing asylum application or that your application was fraudulent. This could result in you being permanently banned from entering the U.S.
As being permanently barred could be an even more complex immigration issue, it’s strongly recommended that you work with an attorney regarding all immigration issues in Arizona. Having an attorney help you with this complicated system can ease a lot of your fears and increase the chances of success significantly. All issues involving immigration and asylum are serious and should only be handled by a knowledgeable Arizona immigration attorney. Make sure that you get answers to your questions before leaving the country.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Pending Asylum Cases and Travel Outside the US, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.