We have already seen that it is possible to obtain residence by asylum by fulfilling certain requirements. Now, many people wonder, “If I have asylum residency can I travel to my country?” Today we will look at everything you need to know about leaving the United States as an asylee.
Leaving the country without the proper permits may jeopardize your application. Therefore, it is essential to consult with an immigration attorney before making any decisions. Do not risk your future. At Urbina Immigration Law we can help you. Contact us and secure your immigration process.
Table of Contents
I have asylum by residency, can I travel?
Yes, if you have asylum residency you can travel out of the country and re-enter without any problem. However, if you have only asylee status, you must apply for a travel document by means of the Form I-131. Without this document, you may be prevented from returning to the US. Therefore, it is important to consult with an immigration attorney before traveling. At Urbina Immigration Law we can help you. Tell us about your situation and travel with the security of knowing that you will be able to maintain your status.
What is a travel document?
A travel document is a permit that authorizes persons without permanent resident status to travel abroad. Also known as “advance parole”, this works like a passport and allows you to return to the country without a valid visa. In addition, applying for a travel document does not affect your residency application.
What documents do I need to present to apply for a travel document?
The documentation required to apply for a travel document varies depending on whether you apply inside or outside the United States. You will find the documents required for both cases in the following table:
| If found… | Then you must submit… |
| In the United States | Form I-131 (Application for Travel Document) |
| Copy of an official photo ID | |
| Proof of refugee or asylee status | |
| Statement explaining the reason for a “yes” answer to any question in Part 6 of Form I-131 | |
| Abroad | Form I-131 (Application for Travel Document) |
| Two identical, color, passport-style photographs (taken within 30 days) | |
| Evidence of your last departure from the U.S. (airline tickets, boarding pass, etc.) | |
| Receipt of fees paid | |
| Statement explaining: – The purpose of your trip out of the U.S. – The reason for his departure from the U.S. without first applying for a refugee travel document – Where have you traveled since leaving the U.S.? – Your activities while outside the U.S.- Whether you intended to abandon your asylum or refugee status when you left the U.S. |
Please note that, depending on your case, you may need certain additional documents. Therefore, it is best to seek the help of a lawyer to gather all the necessary information. At Urbina Immigration Law we can help you. Tell us your case today and let’s get your paperwork in order.
How to obtain a refugee/asylee travel document?
The process for obtaining a travel document can be summarized in the following steps:
Step 1: Complete Form I-131
Download and complete Form I-131, making sure to fill out all required sections. If you are applying for this document as a refugee/asylee, pay special attention when completing part 6 of the form. Any errors or omissions here could delay or even truncate your application.
Step 2: Gather Necessary Documents
Then, gather the necessary documents mentioned above. Please note that these may vary depending on whether you are in or out of the country when applying for your travel document.
Step 3: Prepare Explanatory Statements
If you had to leave the United States without a travel document, prepare an explanatory statement that includes the purpose of your trip out of the country, the reason you did not apply for the document, details of your activities and travel since leaving, and your intentions regarding your asylum or refugee status upon departure.
Step 4: Submit the Application
Then, file the application by sending the form and supporting documents to the appropriate USCIS address. See the Direct Filing Addresses for Form I-131 for information on where to send your application.
Step 5: Wait for Approval
Finally, wait for approval, keeping in mind USCIS processing times before planning your travel. If you have an urgent need to travel, you can consult the USCIS Expedited Processing and Emergency Travel page for more information.
The travel document is extremely important because, if you leave the country without it, you may be denied re-entry and even lose your status. For this reason, it is best to have an immigration attorney help you process your application as soon as possible. At Urbina Immigration Law we can assist you. Contact us and obtain your travel permit.
Can I submit a Travel Document Application after I have left the United States?
Yes, it is possible to submit your travel document application after you have left the United States. However, this is not recommended. If you file your application after leaving, you must show that you could not file earlier due to force majeure and that you have been out of the country for less than one year.
What happens if I leave the United States without residency or a travel document?
If you leave the United States without residency or a valid travel document, you will be considered to have abandoned your legal status in the country, complicating future applications for entry. In addition, you may be denied entry and could face difficulties in obtaining a new immigration status.
How long does it take to process a travel document?
USCIS provides general estimates of processing times on its website, but these may change depending on various factors. Because of this, it is recommended that you file your application at least 60 days in advance of your intended travel date.
How long is a travel document valid for?
A travel document is valid for one year. However, processing times are changeable, so it is important to keep this in mind if you must process your travel permit from abroad.
Can my Form I-131 be rejected if I leave the United States while the application is pending?
Yes, your Form I-131 may be rejected if you leave the United States while the application is pending. This is especially if you have not indicated the option for USCIS to send the document abroad or if you have not provided biometric data prior to departure.
Conclusion
As we have seen, with asylum residency you will be able to travel outside the United States and return without any problem. However, everything changes if you only have an asylee status or if your adjustment of status is pending. In this case, you must apply for a travel document in order to leave the country. Otherwise, you could face serious consequences.
Therefore, it is essential to consult your situation with an immigration attorney before traveling. He or she can analyze your situation and help you choose the best option available. Do not risk your future. At Urbina Immigration Law we can help you. Tell us about your case and get the legal help you need.
Sources
USCIS – Permanent Residence for Asylees
USCIS – I-131, Application for Travel Document
Other resources
Permanent Residence for Victims of Violence or Crimes
Asylum Residency: Essential Information and Advice
VAWA Residency: A Complete Guide for Domestic Violence Victims
How to obtain a Green Card in the United States – Updated Guide
What are the Green Card categories?
Renewal of permanent residency in the United States: steps and documentation
How to apply for American residency by family petition, step by step
What is a Migratory Waiver and how should I apply for it?
Did you know that illegal re-entry into the United States has serious consequences?
