Can An Asylee Travel Outside US? Your Comprehensive Guide

Navigating the complexities of immigration law can be daunting, especially when it comes to understanding the travel restrictions and rights of asylees. At SIXT.VN, we understand the importance of reliable and accessible information. This guide will provide comprehensive information on the asylee’s ability to travel outside the US, ensuring you have the knowledge to make informed decisions. With expert travel advice and resources, you can confidently explore the world while maintaining your legal status.

1. Understanding Asylee Status and Travel Restrictions

1.1. What Does It Mean to Be Granted Asylum?

Being granted asylum in the United States provides significant opportunities, including the legal right to live and work in the country. Eventually, asylees can apply for lawful permanent residence (a green card) and, later, citizenship. However, it’s crucial to understand that this status isn’t automatically permanent. The Department of Homeland Security (DHS) retains the theoretical right to reopen a case and attempt to terminate asylum if certain conditions are met.

1.2. What Factors Could Jeopardize Asylum Status?

Several factors can lead to the revocation of asylum:

• Fundamental Change in Home Country Conditions: If the conditions in your home country have changed so significantly that you no longer have a well-founded fear of persecution.
• Commission of a Serious Crime: If you’ve committed a serious crime, either persecutory or non-political, outside of the United States.
• Threat to U.S. Security: If you pose a threat to the security of the United States.
• Firm Resettlement Elsewhere: If you were firmly resettled in another country before arriving in the United States.
• Safe Third Country Agreement: If you can be removed to a safe third country that will provide protection under a bilateral agreement.
• Voluntary Return to Home Country: If you voluntarily return to your home country.
• Acquisition of New Nationality: If you acquire a new nationality.

While attempts to revoke asylum are rare without evidence of serious crimes or fraudulent applications, it’s essential to remember that asylum is not guaranteed for life. As such, applying for lawful permanent residence one year after being granted asylum is crucial.

1.3. What Is an Asylee’s Adjustment of Status to Permanent Residence?

After being granted asylum, an asylee can apply to adjust their status to legal permanent residence (green card) with USCIS one year after being granted asylum. Residents may submit petitions to sponsor certain family members – spouses, minor children, and unmarried adult sons and daughters – for legal permanent residence.

To apply for adjustment of status, an asylee must prove that:

• a) has been physically present in the United States for one year after having been granted asylum;
• b) remains a “refugee” (i.e. with a “well-founded fear of persecution,” etc.);
• c) has not been firmly resettled in any foreign country, and;
• d) is not “inadmissible” or warrants a waiver of applicable grounds of “inadmissibility.”

The asylee must file the following documents with USCIS:

• Form I-485 and appropriate fee (or fee waiver request);
• Fingerprint fee (this fee cannot be waived);
• 2 passport style photographs;
• Form G-325A;
• Evidence of asylee status (copy of I-94 and letter granting asylum or decision by Immigration Judge) ;
• Birth certificate (if available);
• Proof that applicant has been living in the United States for the last year (such as copy of lease, bills, pay stubs, or receipt of government benefits);
• Proof of legal change of name (if applicant has legally changed her name since winning asylee status.

Unlike most applicants for legal permanent residence, asylees are not required to prove that they are not “likely to become a public charge.” Thus, if an asylee has been receiving means-tested benefits such as public assistance or SSI, this will not prevent his eligibility for legal permanent residence. Also, adjustment applicants may request a waiver of the filing fee for the adjustment application if they can demonstrate that paying the fee would result in financial hardship.

Eventually, after filing, the applicant will receive an interview notice along with a medical examination form that he will have to get completed for the interview as instructed.

Applicants for adjustment of status who entered the United States with fraudulent documents (such as a passport purchased on the black market) will also have to submit an application for a waiver of inadmissibility. This waiver would also be submitted on form I-602 .

Although the asylee’s asylum application and supporting documentation are part of her file with the USCIS Officer, the adjustment interview will focus on eligibility for adjustment to permanent residence, not on the underlying asylum claim. If, however, there is a reason for the Officer to suspect that the applicant no longer fears returning to her home country, (for example, if the applicant has traveled home to her country, or if asylum was granted based on the applicant’s lesbian identity and she is now married to a man), then the Officer can ask questions about whether or not the applicant continues to meet the standard for asylee and/or whether or not the underlying asylum application was fraudulent.

1.4. Can Asylees Travel Internationally?

Yes, asylees can travel outside the United States, but it is essential to understand the specific guidelines and precautions. International travel for asylees is possible with a Refugee Travel Document. According to U.S. immigration laws, particularly the Immigration and Nationality Act (INA), asylees are permitted to apply for and use this document for travel purposes. However, there are critical restrictions:

• Do Not Return to Your Home Country: Until you become a U.S. citizen and can travel with a U.S. passport, never return to your home country. Returning to your home country can lead DHS to believe you no longer fear persecution, which could jeopardize your asylum status and prevent you from re-entering the United States.
• Use a U.S.-Issued Refugee Travel Document: Always travel with a United States-issued Refugee Travel Document. Traveling with a passport from your country of origin can be interpreted as availing yourself of that country’s protection, potentially leading the U.S. government to conclude that you no longer need asylum protection.

The Refugee Travel Document (RTD) is an essential document for asylees planning to travel internationally. It allows asylees to travel outside the United States without using their national passport, which could jeopardize their asylum status.

1.5. What About Travel After Obtaining a Green Card?

Even after obtaining legal permanent residence (a green card), asylees must use a Refugee Travel Document for international travel. It’s only after you become a U.S. citizen that you become eligible for a U.S. passport, which allows unrestricted travel. Until you obtain U.S. citizenship, avoid traveling back to your country of origin. When applying for naturalization, you must list all international travel after obtaining legal permanent residence. DHS officials may re-open your asylum grant if they discover you traveled back to your country of origin.

1.6. What About Individuals with Withholding of Removal or Relief Under the Convention Against Torture?

Individuals granted withholding of removal or relief under the Convention against Torture face stricter travel restrictions. They can never travel abroad. Leaving the United States would be considered self-enforcement of a removal order, preventing their re-entry into the United States.

2. Obtaining a Refugee Travel Document

2.1. What Is a Refugee Travel Document?

A Refugee Travel Document is an internationally recognized travel document issued by the United States to asylees and refugees. It allows them to travel outside the U.S. without using their national passport. This document is crucial because using a national passport could jeopardize their asylum or refugee status.

2.2. Who Is Eligible for a Refugee Travel Document?

You are eligible for a Refugee Travel Document if you have been granted:

• Asylum in the United States
• Refugee status in the United States

2.3. How to Apply for a Refugee Travel Document

To apply for a Refugee Travel Document, follow these steps:

1. Complete Form I-131: Fill out Form I-131, Application for Travel Document. This form is available on the USCIS website. Ensure that you provide accurate and complete information.

2. Gather Required Documents: Collect all necessary documents to support your application. These typically include:

   • A copy of your I-94 (Arrival/Departure Record) or other evidence of your asylee or refugee status.
   • Two passport-style photos.
   • A copy of your asylum approval notice or refugee approval notice.
   • Any other documents that support your need to travel.

3. Pay the Fee: As of 2024, the filing fee for Form I-131 is $575. Check the USCIS website for the most current fee, as it may change. You can pay the fee online or by mail.

4. Submit Your Application: Mail your completed Form I-131, supporting documents, and the filing fee to the appropriate USCIS lockbox. The mailing address depends on the type of application and your location, so check the USCIS website for the correct address.

5. Attend Biometrics Appointment (If Required): USCIS may require you to attend a biometrics appointment to provide fingerprints, photograph, and signature. You will receive a notice in the mail if this is required.

6. Wait for a Decision: USCIS will review your application and may request additional information or documentation. Once a decision is made, you will receive a notice in the mail. Processing times can vary, so check the USCIS website for current processing times.

7. Receive Your Refugee Travel Document: If your application is approved, you will receive your Refugee Travel Document by mail.

2.4. What Happens If My Application Is Denied?

If your application for a Refugee Travel Document is denied, you will receive a written explanation from USCIS detailing the reasons for the denial. Depending on the reason for the denial, you may be able to file an appeal or a motion to reopen the case. It is advisable to consult with an immigration attorney to understand your options.

3. Potential Risks and Precautions for Asylee Travel

3.1. Risk of Returning to Home Country

The most significant risk for asylees traveling abroad is returning to their home country. As mentioned earlier, this action can be interpreted by DHS as an indication that you no longer fear persecution, which could lead to the revocation of your asylum status.

3.2. Traveling with National Passport

Traveling with a passport from your country of origin can also jeopardize your status. It may suggest that you are availing yourself of that country’s protection, undermining your claim of fearing persecution.

3.3. Criminal Convictions

If you have any criminal convictions in the United States, consult with an immigration attorney before traveling outside the U.S. Criminal convictions can create additional complications and may affect your ability to re-enter the country.

3.4. Maintaining Continuous Residence

When planning to apply for naturalization, be aware of the continuous residence requirements. Extended trips outside the United States can disrupt your continuous residence, potentially delaying your eligibility for citizenship. According to the USCIS Policy Manual, generally, if you leave the United States for more than six months but less than one year, it will disrupt your continuous residence for naturalization purposes.

3.5. What Are Other Potential Grounds of Inadmissibility?

While asylees may have technical grounds of inadmissibility (such as unlawful presence in the U.S. or prior entry with a false passport), these immigration violations do not generally put an asylee at risk if he or she travels abroad.

4. Responsibilities and Requirements for Asylees in the U.S.

4.1. Change of Address

It is essential to keep USCIS informed of any changes in address. If your asylum application is pending or has already been granted, file your change of address form with USCIS. This form (AR-11) is available on the USCIS website. Keep a copy of the form and mail it certified mail, return receipt requested.

If you have a case pending in Immigration Court, use form EOIR 33, available on the Department of Justice website. This form should also be copied and mailed certified mail, return receipt requested. A copy of the form must also be served on the ICE district counsel.

Even after winning asylum, continue to inform USCIS of address changes, especially while your application for legal permanent residence is pending. Missing correspondence from USCIS could lead to your application being denied.

4.2. Employment Eligibility and Social Security Number

As an asylee, you are automatically eligible to work in the United States and do not need an Employment Authorization Document (EAD). You are eligible for an unrestricted social security card, which, along with proof of identity, is sufficient to establish your eligibility to work in the United States.

4.3. Public Benefits

Asylees are entitled to certain public benefits. For the first seven years after being granted asylum, asylees are eligible for Social Security Income, Medicaid, and Food Stamps, as well as other benefits and services. Eligibility for many of these programs may extend past the first seven years.

Asylees who would like to access public benefits should speak to a qualified public benefits counselor as soon as possible after their final grant of asylum. It is important to understand that, unlike most other foreign nationals who may apply for legal permanent residence, asylees are not required to prove that they are not likely to become a public charge.

4.4. Taxes

Asylees are required to report all income earned in the United States to the Internal Revenue Service (IRS) and to pay taxes on that income.

4.5. Selective Service Registration

All males in the United States between 18 and 26 years of age are required to register for the draft. Asylees and asylum seekers are not exempt. Failure to register may have implications when applying to become a U.S. citizen.

5. Naturalization Process for Asylees

5.1. Eligibility for Naturalization

A legal permanent resident can apply for naturalization to become a U.S. citizen five years after becoming a resident. However, once an asylee is granted adjustment to permanent residence, the date of admission is considered to be one year before the date of approval of the adjustment of status application, effectively reducing the wait time to apply for naturalization to four years.

5.2. Benefits of Naturalization

Naturalization provides full protection under the law and permanent, virtually irrevocable status in the United States. It also allows you to obtain a U.S. passport, enabling unrestricted international travel.

6. Navigating Travel with SIXT.VN

6.1. How SIXT.VN Can Assist You

At SIXT.VN, we understand the unique challenges faced by asylees when planning international travel. Our services are designed to provide you with peace of mind and convenience.

• Expert Travel Advice: We offer up-to-date information on travel regulations and requirements for asylees, ensuring you are well-informed before making any travel plans.
• Personalized Travel Planning: Our team can help you create a travel itinerary that takes into account your specific needs and concerns, ensuring a smooth and stress-free experience.
• Airport Transfers: We provide reliable and safe airport transfer services, making your arrival and departure as seamless as possible.
• Hotel Booking: We offer a wide range of hotel options to suit your budget and preferences, ensuring comfortable and convenient accommodation.
• Tour Packages: Explore the beauty of Vietnam with our curated tour packages, designed to showcase the best of the country while ensuring your safety and comfort.
• Flight Booking: We assist with booking flights that align with your travel plans, providing flexible options and competitive prices.

6.2. Why Choose SIXT.VN?

• Convenience: Our comprehensive services save you time and effort, allowing you to focus on enjoying your trip.
• Reliability: We are committed to providing dependable and trustworthy services, ensuring your travel arrangements are handled with the utmost care.
• Support: Our dedicated team is available to assist you with any questions or concerns, providing personalized support throughout your journey.

Hanoi offers vibrant street food experiences. SIXT.VN provides tours for Asylees and Refugees that not only offer culinary delights but also insights into Vietnamese culture and history.

6.3. Explore Vietnam with Confidence

Vietnam offers a rich tapestry of culture, history, and natural beauty. Whether you’re interested in exploring bustling cities like Hanoi, discovering the serene landscapes of Ha Long Bay, or immersing yourself in the cultural heritage of Hoi An, SIXT.VN can help you plan an unforgettable trip.

• Hanoi: Discover the ancient charm of Hanoi, with its historic temples, bustling markets, and delicious street food.
• Ha Long Bay: Cruise through the stunning limestone karsts of Ha Long Bay, a UNESCO World Heritage site.
• Hoi An: Explore the well-preserved ancient town of Hoi An, known for its colorful architecture and tailor shops.

7. Practical Tips for Traveling as an Asylee

7.1. Before You Travel

Research Destination

Understand the country’s entry requirements, local laws, and cultural norms.

Inform USCIS

Although not mandatory, informing USCIS of your travel plans can be helpful.

Make Copies of Important Documents

Keep copies of your Refugee Travel Document, asylum approval notice, and other important papers separate from the originals.

7.2. During Travel

Be Cautious

Avoid discussing your asylum status or reasons for seeking asylum with strangers.

Keep Documents Safe

Store your travel documents in a secure place.

7.3. Upon Return

Keep a Record

Retain copies of your travel itinerary and boarding passes as proof of your travel dates.

Consult an Attorney

If you encounter any issues during your travel, seek legal advice from an immigration attorney immediately.

8. Frequently Asked Questions (FAQs)

8.1. Can an asylee travel outside the US?

Yes, asylees can travel outside the US with a Refugee Travel Document, but they should never return to their home country until they become US citizens.

8.2. How do I apply for a Refugee Travel Document?

You can apply by filling out Form I-131 and submitting it to USCIS with the required documents and fee.

8.3. What should I do if my Refugee Travel Document application is denied?

Consult with an immigration attorney to understand your options, which may include filing an appeal or a motion to reopen the case.

8.4. Can I travel to my home country with a Refugee Travel Document?

No, returning to your home country can jeopardize your asylum status and prevent you from re-entering the United States.

8.5. Is it safe to travel with my national passport after being granted asylum?

No, traveling with a passport from your country of origin can be interpreted as availing yourself of that country’s protection, potentially leading the U.S. government to conclude that you no longer need asylum protection.

8.6. What public benefits are available to asylees in the US?

Asylees are eligible for Social Security Income, Medicaid, and Food Stamps, as well as other benefits and services for the first seven years after being granted asylum.

8.7. Do asylees need an Employment Authorization Document (EAD) to work in the US?

No, asylees are automatically eligible to work in the United States and do not need an EAD.

8.8. How long does it take to become a US citizen after being granted asylum?

You can apply for naturalization four years after being granted adjustment to permanent residence.

8.9. What should I do if I change my address after being granted asylum?

File your change of address form (AR-11) with USCIS to keep them informed of your current address.

8.10. Can SIXT.VN help me plan my travel as an asylee?

Yes, SIXT.VN offers expert travel advice, personalized travel planning, airport transfers, hotel booking, tour packages, and flight booking to assist asylees with their travel needs.

9. Resources and Further Information

• USCIS Website: www.uscis.gov – For forms, information, and updates on immigration policies.
• Department of Justice Website: www.justice.gov – For information on immigration courts and legal resources.
• Immigration Attorneys: Consult with a qualified immigration attorney for personalized legal advice.
• Refugee Resettlement Agencies: Contact a licensed refugee resettlement agency for assistance with benefits programs and other services.

Address: 260 Cau Giay, Hanoi, Vietnam.
Hotline/Whatsapp: +84 986 244 358
Website: SIXT.VN

At SIXT.VN, we are dedicated to providing asylees with the information and services they need to navigate international travel with confidence. Contact us today to start planning your next adventure and experience the beauty and culture of Vietnam. Let us help you create unforgettable memories while ensuring your safety and security.