15

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?

12
  • 7
    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
    Commented Sep 6, 2019 at 12:29
  • 18
    1) What is your citizenship, and especially is it of Morocco? 2) What country did you flee from to seek asylum? 3) Do you have the papers approving your asylum claim? 4) Have you been approved for permanent residence in the US? Commented Sep 6, 2019 at 13:29
  • 28
    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). Commented Sep 6, 2019 at 13:29
  • 6
    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
    Commented Sep 7, 2019 at 14:40
  • 30
    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
    Commented Sep 8, 2019 at 11:06

2 Answers 2

41

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.

8
  • 5
    "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
    Commented Sep 6, 2019 at 13:40
  • 20
    Also true, but a long term absence is going to jeopardize their asylum status whether they have a refugee travel document or not. Commented Sep 6, 2019 at 13:42
  • 11
    @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
    Commented Sep 7, 2019 at 15:12
  • 4
    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. Commented Sep 7, 2019 at 18:59
  • 1
    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. Commented Sep 7, 2019 at 20:28
19

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.

5
  • 9
    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. Commented Sep 6, 2019 at 17:59
  • 1
    You need not just a refugee travel document, but also advance parole. Commented Sep 6, 2019 at 22:31
  • 2
    @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
    Commented Sep 6, 2019 at 22:35
  • 1
    @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. Commented Sep 6, 2019 at 23:04
  • 2
    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. Commented Sep 7, 2019 at 20:28

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .