If you’re a foreign national in the U.S. waiting for a decision on your asylum claim, traveling internationally can have significant consequences and is ill-advised. In very limited, specific circumstances, travel may be permitted. However, securing official authorization beforehand is essential. Leaving the country without that green light could look like you’re giving up on your asylum application, and there is no guarantee you’ll be allowed back in. Please continue reading to learn about advance parole and the importance of connecting with an experienced Essex County Immigration Attorney before you plan any trips abroad.
Do I Need Special Permission to Travel Internationally With a Pending Asylum Claim?
Before you travel internationally, it’s important to understand that you must first obtain advance parole. This is a travel document that is issued by U.S. Citizenship and Immigration Services (USCIS). It essentially allows foreign nationals with pending immigration benefits to leave the country and re-enter lawfully without abandoning their applications. It should be noted that this document must be issued before departure to avoid jeopardizing your case.
Nevertheless, even with approved advance parole, re-entry isn’t guaranteed. Customs officials at the border have the discretion to deny you entry.
What Are the Potential Risks of Traveling Without Advance Parole?
If you travel abroad while your asylum case is pending without obtaining advance parole, it will likely result in your case being denied. USCIS will consider this as a voluntary abandonment of the application, signaling that you’re no longer in fear of persecution. Unauthorized travel will ultimately undermine your claim.
Furthermore, traveling to your home country, in particular, will raise red flags. Immigration authorities will question whether you really need protection. Returning to your home country will likely result in the denial of your asylum request. It’s advisable to consult a qualified Essex County immigration attorney before making any travel plans while your case is pending.
When Might Travel Be Considered?
If you have an urgent reason for traveling abroad while your asylum application is pending, you should speak to an Essex County immigration attorney who can help explore your options. International travel may be authorized in certain serious situations, such as a family emergency or a medical condition. However, these exceptions are granted only on a case-by-case basis and require you to present compelling evidence demonstrating the necessity of leaving the country.
You must comply with the strict rules governing this process. Even when an urgent matter arises, you must obtain advance parole before your departure. Failure to secure this necessary document will result in devastating consequences, including severely jeopardizing your future.
At the Law Offices of Christopher T. Howell, Esq., we are prepared to help you achieve your immigration goals. Connect with us today to schedule a consultation.
