Leaving the USA for 10 yrs when you have asylum

Question

My family and I fled Country X (not important which) as refugees. They went to Morocco (which is not Country X).

I came to the USA on a student visa and then applied for asylum. I got my asylum approved. Everything was good. Today for a family emergency, I want to leave the USA to go to Morocco where my family is temporarily staying.

My passport is still valid.
My asylum is approved.
My student visa expired.
My I-94 expired.

I need to leave the USA as soon as possible, and I know I will not be back for the next 10 years.

Can I leave without withdrawing my asylum based on the information that I provided, i.e. I still want to receive US asylum so I can live there in the future.

Will I be allowed to leave the USA, e.g. Will the airline let me board, and what do I need to assure that? Will the DHS ask me about my status or not allow me to leave the USA?

I think this is probably a (slightly) better fit for expatriates.SE as this is about long-term stays, both in the US and abroad. — jcaron, Sep 06 '19 at 12:29
The US government is not going to stop you from leaving. The question is whether you would be allowed to come back, but it sounds like you don't have any interest in coming back in the near future? Are you saying you plan to come back in 10 years? I am not sure there is any kind of immigration status that will still be valid after a 10-year absence (short of US citizenship). — Nate Eldredge, Sep 06 '19 at 13:29
No. As an asylee, the only way to leave the US and be able to return is a refugee travel document which must be obtained from USCIS. This document is only valid for one year. Further, if Morocco is your "country of claimed persecution" you could lose status immediately upon returning there. If it's not, and you have citizenship there (which I assume you do, if you will be there for 10 years), that could also raise the question of why you need asylum in the US if you can safely live in Morocco. — Aidan, Sep 07 '19 at 14:40
I very significantly edited this question, to clarify your refugee nation and illuminate what I think are the most important questions here. Please review it to make sure I haven'tt diverted too far from your intentions. — Harper - Reinstate Monica, Sep 07 '19 at 20:24
@Harper you have significantly changed the question, especially adding additional questions, which, even though they are relevant, are unrelated to the original question. — jcaron, Sep 07 '19 at 20:55
@jcaron no, they're more on-point than even he knows. My third point is exactly his "will it impact my asylum" question. My first two points are the crux of the "will they let me leave" question: yes, there is a controlling authority that will prevent him from leaving USA, and that is his question. — Harper - Reinstate Monica, Sep 07 '19 at 21:00
I have rolled back your last changes as they changed the original question too much. They are relevant for comments or a separate question, but not as edits to this question. — jcaron, Sep 07 '19 at 21:00
@jcaron I've tightened it up a great deal and eliminated the bullet list altogether. It's perfectly clear now that my changes do not deviate from OP intent. — Harper - Reinstate Monica, Sep 07 '19 at 21:09
In normal English, "emergencies" do not last for 10 years, whether they are caused by "family" or anything else. It's hard to understand what your real situation is. — alephzero, Sep 08 '19 at 11:06
Will the airline let me board - you should check to see whether, given your current passport (from Country X?), you need a visa for Morocco. If you need a visa and don't have one you may not be able to board. See: https://en.wikipedia.org/wiki/Visa_policy_of_Morocco and What happens when you book a flight to a country you don't have a visa for?. — dbc, Sep 09 '19 at 00:06

DJClayworth · Answer 1 · 2019-09-11T14:06:35.137

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To answer the main question first, no the US government will definitely not stop you leaving the US. Unless you are wanted for a crime (or subject to a court order) anyone is free to leave the US whenever they want. But there are other important issues.

When you seek asylum you are asking for protection from your own government. If after you are given asylum you use the passport given you by that government you are essentially cooperating with that government that you claim was oppressing you, leading the US to believe that you didn't actually need that protection. If you leave the US for a long period, then that tells the US government that you don't actually need the protection they are offering you, and they will likely withdraw it. You can mitigate the problem of using the passport by applying for, and waiting until you receive, a refugee travel document.

In short, you will be allowed to leave the US. But you will probably be considered to have abandoned your claim of asylum if you either use your former passport or stay away for a long time. If you want to return to the US in the future you will have to apply for a visa like everyone else. The abandoned claim may cause problems with a visa, since they may consider you applied for asylum under false pretenses. Have a look at the links in phoog's answer for more details.

If you have any expectation of returning to the US in the future you should consult a lawyer with knowledge of the asylum process before you leave.

P.S. Have a look at the links in phoog's excellent answer.

edited Sep 11 '19 at 14:06

answered Sep 06 '19 at 13:38

DJClayworth

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"If you have any expectation of returning to the US in the future you should consult a lawyer with knowledge of the asylum process before you leave": or simply apply for a refugee travel document. – phoog Sep 06 '19 at 13:40
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Also true, but a long term absence is going to jeopardize their asylum status whether they have a refugee travel document or not. – DJClayworth Sep 06 '19 at 13:42
True. I wasn't sure about the meaning of "I know i will not be back for the next 10 years." – phoog Sep 06 '19 at 13:48
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@phoog The issue is that, if there is some other place where OP can lawfully and safely live for 10 years at a moment's notice, DHS is going to really question why he needs asylum in the US. No travel document is going to get around that fundamental problem. And if he returns to his country of claimed persecution during that time, that's even worse for his case. The travel document doesn't exempt you from admissibility inspection upon return. – Aidan Sep 07 '19 at 15:12
@aidanh010 indeed. My point was that I wasn't sure that the statement about 10 years really meant what it seemed to mean. It's also unclear why anyone would be concerned about retaining refugee status during an absence of ten years from the country of refuge. – phoog Sep 07 '19 at 16:43
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Regrettably there are people who use permanent residence, and sometimes asylum, as a "bolthole". They acquire right to reside in a stable safe country, then return to their own unstable country. If things get bad in their own country they then flee to the safe country for a bit and return to their own country when things have settled down. I'm not accusing the questioner of course, but such people do exist. – DJClayworth Sep 07 '19 at 18:59
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I started to write an answer then realized OP's issue raises important questions, to the point of being an XY, and I didn't know those answers. So I edited OP, and it changes (expands) the question significantly. – Harper - Reinstate Monica Sep 07 '19 at 20:28
If you can safely live outside the US for 10 years, then you don't need the US protecting you and you'll very likely have your asylum status removed. – Nelson Sep 09 '19 at 04:19

score 19 · Answer 2 · answered Sep 06 '19 at 13:43

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Have a look at Asylee travel information (pdf), a fact sheet published by US Customs and Border Protection.

You should apply for a refugee travel document. Unfortunately, I have not seen anything indicating how long such an application may be expected to take. If your family emergency is such that you don't have time for this, you should ask an immigration lawyer about the prospect for being readmitted if you have to leave before you can get a travel document.

If you do not plan to return to the US, however, you can just leave. To answer your questions:

Can I leave without withdrawn my asylum based on the information that I provided.

If you leave without the document, there is a risk that you will lose your status in the US.

Will I be allowed to leave the USA?

Yes. They won't prevent you from leaving.

Is the DHS will ask me about my status or will not allow me to leave the USA?

No. They don't much care about people leaving unless they are wanted for a crime or under court order not to leave. It's getting back in that you should be concerned about, if you indeed do want to get back in.

answered Sep 06 '19 at 13:43

phoog

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Also, people traveling on refugee travel documents may not be eligible for visa-free entry privileges, so you may also need to factor in time to get a visa for Morocco. – Nate Eldredge Sep 06 '19 at 17:59
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You need not just a refugee travel document, but also advance parole. – R.. GitHub STOP HELPING ICE Sep 06 '19 at 22:31
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@R.. do you have a reference for that? It's certainly not what the asylee information document says ("Asylees (individuals who have been granted asylum) may travel abroad with the prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document"). This implies that the document is sufficient by itself. If the traveler is an asylum applicant, then AP is necessary (and a refugee travel document is not available). – phoog Sep 06 '19 at 22:35
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@phoog: Ah, sorry, it's only needed if you have a pending asylum case and in some other special cases. It shouldn't be needed if you have approved asylum, but it may be a good idea still - not sure. – R.. GitHub STOP HELPING ICE Sep 06 '19 at 23:04
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I started to write an answer then realized OP's issue raises important questions, to the point of being an XY Problem, and I didn't know those answers. So I edited OP, and it changes (expands) the question significantly. – Harper - Reinstate Monica Sep 07 '19 at 20:28

Leaving the USA for 10 yrs when you have asylum

2 Answers2