can asylees travel abroad

Table of Contents
Preface & Acknowledgements
Acronyms & Abbreviations
1. A Brief History
2. Sources of Law
3. Elements of Asylum Law
4. Precedential LGBTQ/H Asylum Cases
5. The One-Year Filing Deadline
6. Withholding of Removal
7. Relief Under CAT
8. Voluntary Departure
9. Real ID Act
10. Safe Third Country
11. Challenging Asylum Cases
12. Working with Asylum Seekers
13. Working with LGBTQ/H Asylum Seekers
14. Elements of an Application
15. Preparing the I-589
16. Sample I-589
17. Preparing the Asylum Declaration
18. Declaration Dos and Don’ts
19. Annotated Sample Declaration
20. Corroborating Client-Specific Documents
21. Corroborating Country Conditions
22. Indexed Country Conditions Sample
23. Sample Cover Letter
24. Assembling Everything
25. Affirmative Application Process
26. Immigration Court Proceedings
27. Board of Immigration Appeals
28. Federal Court Review
29. Detained Asylum Seekers
30. Obtaining an Employment Authorization Document

31. Asylee Status

32. Withholding Status
33. CAT Status
Important Resources

When asylum is granted, it means that the asylee will have the opportunity to live and work legally in the United States and will eventually have the opportunity to apply for lawful permanent residence and citizenship.

However, the Department of Homeland Security can, at least theoretically, reopen the case and attempt to terminate asylum and seek the removal of the asylee if it is determined that any one of a number of conditions are met: that country conditions have fundamentally changed such that the asylee no longer fears persecution; that the asylee committed a serious crime, either persecutory in nature or non-political outside of the United States; that the asylee poses a threat to the security of the United States; that the asylee was firmly resettled outside the United States prior to her arrival; that the asylee may be removed pursuant to a bi-lateral agreement to a safe third country that will provide protections; that the asylee has voluntarily returned to her home country; or, that the asylee has acquired a new nationality.

Practically speaking, attempts to revoke asylum are rare without new evidence that the asylee has committed a serious crime in the United States or fraudulently obtained asylum. It is important to note, however, that asylum is not a permanent, guaranteed status for life in the United States. For that reason, it is essential to encourage all asylees to apply for lawful permanent residence one year from the date on which they were granted asylum.

31.1 Change of Address

It is very important that asylum seekers and asylees keep CIS apprised of any changes in address. If your client’s application for asylum is pending or has already been granted, she should file her change of address form with CIS. This form (AR-11) is available at http://www.uscis.gov/ar-11 . As with all forms sent to Immigration, the applicant should keep a copy of the form and mail it certified mail, return receipt requested. It is not generally necessary for the attorney to send in this form on the client’s behalf.

If the applicant has a case pending in Immigration Court, he must use form EOIR 33 which is available at www.usdoj.gov/eoir/eoirforms/eoir33/ICadr33.htm . 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 an asylum applicant has won asylum, she must continue to inform CIS of address changes. This is especially important while her application for legal permanent residence is pending. If the applicant moves after filing for residency and later misses correspondence from CIS, her application could be denied and she could have to re-apply, adding several years to her wait to become a resident.

31.2 Derivative Asylum for Spouse and Children

Immediate family members present in the United States and included in the original asylum application automatically receive asylum together with the principal applicant. “Immediate family members” include the asylee’s spouse and unmarried children under 21 years of age.

Note: if the asylee won based on sexual orientation, but is still legally married to a spouse abroad, he is technically permitted to file a derivative application for her, but the application, acknowledging an ongoing opposite sex relationship, could lead to the underlying asylum application being reopened. If the applicant has minor children abroad, and testified about the opposite sex relationship that resulted in the children, he should be able to apply for derivative status for the children. The asylee must petition for immediate relatives within a two-year period after being granted asylum. This period may be extended for humanitarian reasons.

31.3 Eligibility for Employment and a Social Security Number

As an asylee, your client is automatically eligible to work in the United States, and DOES NOT need an Employment Authorization Document (EAD). See uscis.gov/graphics/lawsregs/handbook/Asylees031003.pdf .

Your client is eligible for an unrestricted social security card that along with proof of identity is sufficient to establish that she is eligible to work in the United States. See www.ssa.gov/immigration/documents.htm . Unrestricted social security cards are obtained by applying with the Social Security Administration (SSA). Asylees will need to bring the original grant of asylum to the SSA, along with other proof of identity and signature. This card is only available following a final grant of asylum, and will not be issued if the Department of Homeland Security has reserved appeal. Asylees with final grants should wait approximately ten days to two weeks following a grant to request an unrestricted card, and applicants will receive the cards in the mail roughly two weeks after they have applied. SSA will provide a letter detailing this process upon application, and this letter will be sufficient for applying for public benefits as an asylee.

While no asylee is required to possess an EAD, many asylees do not possess sufficient proof of identity to easily obtain identity documents, including state IDs or Drivers’ Licenses. Accordingly, many asylees who do not possess a valid passport or other government-issued picture/signature identity card choose to apply for an EAD. An EAD, valid for one year, is offered free of charge to asylees upon initial application, but subject to a fee for subsequent renewal applications.

Congress has recently recognized that asylees often need an identity document immediately to begin their lives in the United States, and recently decided that EADs would be automatically provided to persons granted asylum at the Asylum Office.

It should be noted that an EAD should not be used as a substitute for an unrestricted social security card and a state-issued ID card. The latter two documents should be used, as soon as they are available, as proof of eligibility to accept employment in the United States when completing an I-9 form with a potential employer.

Some potential employers illegally require that asylees present an EAD as proof of employment eligibility. Such a demand is document abuse, and should be reported to the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

31.4 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, and a variety of other benefits and services. Eligibility for many of these programs may extend past the first seven years. However, most of these programs themselves are time-limited, and individuals may only be able to receive benefits for periods of three months to a year, depending on the programs. Other programs may be available continuously.

Asylees who would like to access public benefits should speak to a qualified public benefits counselor as soon as possible upon their final grant of asylum. Clients with cases on appeal or who possess a conditional approval or a recommended approval are not eligible for most benefits until the appeal is complete or a final approval is granted. Some benefits, such as Safety Net benefits only require that an applicant demonstrate PRUCOL (permanently residing under color of law) status and a pending application may be sufficient for this purpose. Additionally, in many states, HIV-positive foreign nationals can receive HIV/AIDS treatment and medication under the AIDS Drug Assistance Program (ADAP) regardless of immigration status.

Some benefits programs administered through the Office for Refugee Resettlement provide benefits available only to asylees, refugees, and victims of human trafficking. Such programs include refugee cash and medical assistance, and should be accessed through a licensed refugee resettlement agency. Other clients should contact the CLINIC Asylee Hotline at 1-800-354-0365 to be placed with a refugee resettlement agency. In addition to administering benefits programs and providing general public benefits counseling, these agencies often provide English classes, employment training and placement programs, mental health programs, youth and elderly services, and referrals to other social service agencies as necessary.

It is important for the asylee 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. Thus, they can receive government financial benefits without jeopardizing their future ability to obtain permanent residence in the United States.

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.

31.6 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 for your client when he applies to become a U.S. citizen. Information about the Selective Service can be found at www.sss.gov .

31.7 International Travel

Asylees can travel outside the United States with refugee travel documents. 1 It is essential that the asylee not return to her home country until she has become a U.S. citizen and can travel with a U.S. passport. If the asylee does return to her home country, DHS could refuse to allow her to reenter the United States on the grounds that she implicitly no longer fears persecution.

Asylees must only travel with a United States issued Refugee Travel Document. If an asylee travels with the passport issued by the country from which she has been granted asylum, she can be seen as availing herself of the protections of her government which could lead to a finding by the U.S. government that she no longer needs asylum protection.

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. 2

If, however, an asylee has any criminal convictions in the U.S., he or she should consult with an immigration attorney before traveling outside the U.S.

Asylees should understand, however, that even after obtaining legal permanent residence, they will have to use a Refugee Travel Document to travel abroad. It is only after an asylee becomes a U.S. citizen that he will be eligible for a U.S. passport. Asylees should also understand that until they obtain U.S. citizenship they cannot travel back to their countries. When they apply to naturalize, they will have to list all international travel after obtaining legal permanent residence in the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to his country.

Individuals who have won withholding of removal or relief under the Convention against Torture, can never travel abroad. Leaving the United States would amount to self-enforcement of a removal order and they would not be permitted to re-enter the United States.

31.8 Asylee’s Adjustment of Status to Permanent Residence

After having been granted asylum, an asylee is eligible to apply to adjust her status to legal permanent residence (green card) with CIS one year after being granted asylum. 3 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 she: 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.” 4

The asylee must file the following documents with CIS:

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. For further guidance on CIS fee waiver criteria, see the following CIS memos: uscis.gov/graphics/publicaffairs/newsrels/FeeWaiver03_29_04.pdf and uscis.gov/graphics/lawsregs/handbook/FeeWaiverGd3404.pdf .

Eventually, after filing, the applicant will receive an interview notice 5 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. uscis.gov/graphics/formsfee/forms/i-602.htm .

Although the asylee’s asylum application and supporting documentation are part of her file with the CIS 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.

31.9 Naturalization

A legal permanent resident is permitted to submit an application 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 given as that of one year before the date of approval of the adjustment of status application, effectively reducing the wait to apply to naturalize to four years. 6

This status will afford the full protections under the law, and permanent, virtually irrevocable status in the United States. This final step in the immigration process may well be 10 years or more from the date your client files an asylum application. Advising your client of the on-going nature of proceedings with the Department of Homeland Security is imperative to the success of a new life in the United States.

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.

8 C.F.R. § 223.1(b).
However, in an INS memo issued on September 25, 2000, then INS General Counsel Bo Cooper stated:An asylee or refugee returning with a valid refugee travel document must be examined as to his or her admissibility. 8. C.F.R. Sec. 223.3(d)(2)(1). Webelieve that in the case of asylees, however, this requirement only applies to those grounds of inadmissibility that would also constitute grounds for termination of asylum under 8 C.F.R. Sec. 208.23. If an asylee arrives with a valid and unexpired refugee travel document and the inspecting officer determines that he or she is inadmissible, 8 C.F.R. Sec. 208.23(f) directs the INS to issue a notice of intent to terminate asylum and initiate removal proceedings under Sec. 240 of the Act. This would be an exercise in futility unless the ground of inadmissibility were also a ground of termination, such as an aggravated felony or national security related ground. By virtue of obtaining the refugee travel document, the asylee retains his or her asylum status unless that status is terminated under 8 C.F.R. Sec.§ 208.22.’ See 77 Interpreter Releases 1391.
8 C.F.R. § 209.2.
8 C.F.R. § 209.2(a)(1)(ii); 8 C.F.R. § 209.2(a)(1)(iii); 8 C.F.R. § 209.2(a)(1)(iv); 8 C.F.R. § 209.2(a)(1)-(v).
Note: not all asylee adjustment applicants are interviews. Some applications are adjudicated entirely on paper by mail. If there is an issue which requires a waiver, such as HIV-positive status, or use of fraudulent documents, however, the applicant will almost certainly require a waiver. Also, since Immigraiton has speeded up processing asylee adjustments, they have been requiring the applicant to submit a medical examination form with the adjustment packet.
8 C.F.R. § 209.2(f).

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

Self-help asylum guides for LGBTQ and HIV-positive people without attorneys.

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Asylees and Refugees

Traveling With Your Passport When You Have Asylum

A common question for asylees (people who have been granted asylum) is whether they can travel using their home country passport. If all were right in the world, this would never be an issue. Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document , and it is best to use the RTD instead of your home country passport.

Unfortunately, the RTD is valid for only one year, takes 10 or 11 months to renew, and is not accepted by many countries. For these reasons, asylees (and people who received a Green Card based on asylum) are often unable to use the RTD and are left with a difficult choice: Either skip the trip or travel using the home country passport, which can potentially have negative implications for a person’s status in the United States.

In this post, we will talk about the RTD and then discuss travel using a passport from your home country.

For asylees, the best way to travel and return to the U.S. is with an RTD. But the problems with the RTD are many. First, not all countries accept the RTD. You can find websites that purport to list nations that accept the RTD (with or without a visa), but it is unclear whether such information is reliable. The better approach is to contact the country’s embassy and ask directly. Some embassy websites even have information about whether they recognize the RTD and whether a visa is required.

A second problem is that the RTD is valid for only one year and renewals currently take almost a year. If your RTD is valid and you want to renew it, you need to send the original RTD along with your application for a new travel document. While I have heard about people applying for a new RTD without sending the original, the instructions are clear on this point, and if you have a valid RTD and fail to include it with your application to renew, you risk rejection. The solution would be for USCIS to extend the validity of the RTD, an idea that has been floating around for years and whose time is long overdue.

Despite these issues, for asylees who do not yet have a Green Card, the RTD is usually the only option, since that document is required to re-enter the United States (an exception might be an asylee who also has TPS or who has applied for a Green Card based on a family relationship or employment–such people can obtain Advance Parole ).

What about an asylee who has an RTD, but who uses her passport to enter a third country? This is a common scenario, since some countries do not recognize the RTD. Would an asylee be at risk of losing her status if she travels with her passport?

There are several reasons that a person’s asylum status can be terminated, including two that might be relevant for our purposes: (1) if there is “a showing of fraud in the alien’s application such that he or she was not eligible for asylum at the time it was granted” and (2) if the asylee “voluntarily availed himself or herself of the protection of the country of nationality… by returning to such country with permanent resident status or the reasonable possibility of obtaining such status….”

Using a passport issued by a government that seeks to harm you may raise suspicions about fraud. You could be asked to explain why you used the passport and why your home government issued you a passport in the first place. It is worth thinking about these questions before they come up, and having an explanation ready in case it is needed. One common explanation is that the home government issues passports to everyone and does not have the capacity to track political opponents and deny them passports. Evidence for this might include news stories about opposition political figures who travel abroad (presumably using their passport). If you do not fear your home government, but instead fear non-state actors (such as terrorists or violent family members), this is obviously less of a concern. Even so, be prepared to explain the situation, just in case you are asked.

There is also the issue of voluntarily availing yourself of the protection of your home country by using your passport (and thus placing yourself under the home government’s protection). However, this provision only applies if you return to your home country and does not apply when you use your passport to travel to a third country. So unless you go to your home country, this should not be an issue.

Here’s another scenario: You have a Green Card and a valid passport, but you do not have an RTD. Can you travel and return to the United States?

First, you can re-enter the U.S. using your Green Card, as long as your trip was for less than six months (keep in mind that any Green Card holder can abandon his residency if he spends too much time outside the United States).

Second, in terms of a risk to your status based on use of your passport, the only real issue here is whether your original asylum case was fraudulent, as discussed above. As long as the U.S. government does not conclude that the asylum case was fake, you should be fine.

In general, the risk to your status caused by using your passport is probably minimal, though it is not zero. In my own practice, I have many clients who received a Green Card based on asylum and who traveled using their passport. None has had a problem re-entering the U.S. or during the naturalization process.

For asylees and Green Card holders who received status based on asylum, it will always be better to use the RTD. However, where you must use your passport, you should be prepared to explain the situation. In this way, you can minimize any risk to your immigration status in the United States.

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Frequently Asked Questions

ASYLEE OR REFUGEE TRAVEL DOCUMENT

Are you an Asylee or a Refugee that has to travel abroad? Or, are you a Permanent Resident who was an Asylee or a Refugee (before obtaining Permanent Residency), who has to travel outside of the U.S. for an extended period? If so, you may need (or want) to apply for a “Refugee Travel Document,” before you leave the United States. If you do not, you may be unable to re-enter the U.S. upon returning from your travels; or, you may be placed in Removal Proceedings upon your return.

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A refugee travel document is provided to someone who has been given refugee or asylum status, or to a permanent resident who got their green card through refugee or asylee status. It is mandatory for a refugee or asylee who is not a permanent resident, and is traveling abroad, to have a refugee travel document to be allowed back into the U.S. This applies to derivative refugees and asylees, as well. These groups of people must secure a refugee travel document prior to leaving the U.S. You may not be allowed back into the U.S. or could be put in removal proceedings in front of an immigration judge if you do not obtain the refugee travel document prior to departing the U.S.

Form I-131 details here

How to fill out Form I-131?

WHO IS ELIGIBLE?

The following people are eligible to apply for a refugee travel document:

Refugees and asylees who are traveling abroad
Permanent residents who got their green card through refugee or asylee status and are traveling abroad
Derivative refugees and asylees who are traveling abroad

Call today for a free consultation

Applying for Asylee’s travel document is a very complicated process, so the best chance of success comes from working with an experienced asylum attorney. We are highly experienced in US asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators, and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart-wrenching the asylum process can be, and we will be with you every step of the way.

Your citizenship or your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys toll-free at 1-888- ZONTLAW / 1-888 -966-8529 .

Eligibility and Benefits of Asylum Status

Asylum status overview, what does is mean to be an asylee.

Each year, the United States welcomes thousands of asylees from other countries. An asylee is a person that has already made it to the U.S. border or the interior (by lawful or unlawful entry) and is seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion. Examples of situations that may qualify as persecution include: imprisoned and tortured political dissidents or supposed undesirables; fired on protesters; committed genocide against a certain race; or made sure that members of a certain religion were left out of the political process.

If you are eligible for asylum, you may be permitted to remain in the United States, eventually apply for a green card, and even have a path to citizenship.

Difference between Asylum and Refugee Status

The difference between an asylee and refugee depends on where a person applies. Individuals outside of the United States must apply for refugee status . On the other hand, people who have already made it to the United States border or the interior (by lawful or unlawful entry) can apply for asylum status.

Eligibility for Asylum

Who is eligible for asylum status.

To determine if you are eligible for asylum status, USCIS will evaluate whether you meet the definition of an asylee according to section 101(a)(42) of the Immigration and Nationality Act (INA). In general, eligibility for asylum requires that:

You are present in the United States (by lawful or unlawful entry);
You are unable or unwilling to return to your home country due to past persecution or have a well-founded fear of persecution if you return;
The reason for persecution is related to one of five things: race, religion, nationality, membership in a particular social group, or political opinion; and
You are not involved with an activity that would bar you from asylum.

To apply for asylum, file Form I-589, Application for Asylum and for Withholding of Removal , within one year of your arrival to the United States. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be unmarried and under 21 years of age. There is no fee to apply for asylum. CitizenPath recommends using an immigration attorney to prepare Form I-589 and document your past persecution or fear of persecution.

Working as an Asylee

Do asylees have permission to work.

You will need employment authorization to work in the United States. Working without authorization could jeopardize future immigration benefits. However, you may not apply for employment authorization at the same time you apply for asylum. Generally, you may apply for an employment authorization document (work permit) if:

150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview); and
No decision has been made on your application.

If you are granted asylum you may work immediately. Although USCIS does not require you to obtain an Employment Authorization Document (work permit card), many asylees choose to obtain one for convenience or identification purposes. It's U.S. government-issued photo identification. So, a work permit can be a helpful document for new immigrants.

To obtain the employment authorization document, you must file a Form I-765, Application for Employment Authorization . There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum.

Traveling Abroad as an Asylee

Can asylees travel outside of the united states.

If you applied for asylum status and have not yet received a decision, you should not leave the United States without first obtaining advance parole. An advance parole document allows certain individuals to return to the U.S. without a visa; however, advance parole does not guarantee that you will be allowed to reenter the United States. If you leave the United States without first obtaining advance parole, USCIS will presume that you abandoned your asylum application. Traveling abroad with a pending asylum application can be risky. Contact an immigration attorney if your asylum application is still pending, especially if you intend to travel to the country of past persecution.

Once granted asylum status, it will easier to obtain advance parole. Although you may be able to travel back to the country of past persecution, this puts you at high risk of having your asylum status revoked. To obtain advance parole, you must file Form I-131, Application for Travel Document .

If you wish to travel outside the United States for a brief period of time and return to your asylum status and continue to pursue your application for adjustment of status, you must apply for a Refugee Travel Document before traveling. To apply for a travel document, you would file a Form I-131, Application for Travel Document.

Obtaining a Green Card through Asylum Status

Is it possible for asylees to get a green card.

If you were granted asylum status, you are eligible to apply for a green card (permanent residence) one year after receiving your grant of asylum. Your spouse and children are also eligible to apply for a green card if they were admitted to the United States as asylees or were included in your grant of asylum. If you are an asylee, you may apply for a green card one year after being granted asylum if you:

Have been physically present in the United States for at least one year after being granted asylum;
Continue to meet the definition of an asylee (or continue to be the spouse or child of such asylee);
Have not abandoned your asylee status;
Continue to be admissible to the United States (A waiver may be available to you if you are now inadmissible); and
Are not firmly resettled in any foreign country.

You are not required to apply for a green card; however, it may be in your best interest to do so. You may no longer qualify for asylum status with the right to remain permanently in the United States if country conditions change in your home country or you no longer meet the definition of an asylee due to changed circumstances. What’s more, you have a path U.S. citizenship after five years as a permanent resident. To apply for a green card, you must file the Form I-485, Application to Register Permanent Residence or to Adjust Status . Generally, a green card holder may naturalize as a U.S. citizen after five years .

Note: When USCIS grants your green card, you (and derivative family members) will have your date of adjustment of status rolled back one year from the date your green card is granted.

Form I-485, Application to Register Permanent Residence or Adjust Status

Use Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for permanent residence while in the United States. Each year, USCIS rejects or denies thousands of I-485 applications. Therefore, it's important to get it right.

* Data based on USCIS Forms Data and Lockbox Rejection Data .

How CitizenPath Helps You Prepare the Adjustment Application Package

How does an asylee file for adjustment of status to green card holder.

CitizenPath's affordable, online service makes it easy to prepare Form I-485, Application to Adjust Status. Designed by immigration lawyers, the Adjustment of Status Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve the application. Get started >>

Adjustment of status package for asylum status based applications

Frequently Asked Questions

Eligible asylees may adjust status to permanent resident by filing Form I-485, Application to Adjust Status . Additional forms may also be required. Refer to our adjustment of status fee page for a list of typical forms and costs.

In addition to Form I-485, applicants will need to submit the USCIS fees, proof of asylum, evidence of one-year presence, passport-style photos, a copy of your passport (if available), a copy of your birth certificate (if available) and medical exam. Depending on your answers, USCIS may require additional documentation.

Want help? In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions. Our filing instructions are customized to your answers in the application so you know what to do for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your application, and where to mail it. Get started here >>

You can anticipate that adjusting status to permanent resident will take approximately one year for asylee-based green card applications. For a look at what happens after filing your adjustment application, review the Form I-485 processing time .

Yes, it's possible to get employment authorization while you are an adjustment of status applicant. As an asylee, you are eligible to file Form I-765, Application for Employment Authorization with USCIS.

Note: Most adjustment of status applicants apply for employment authorization on the basis of being an "adjustment of status applicant." Asylees and refugees are different. You are already eligible for employment authorization and should continue to apply (or renew) under the asylum status or refugee status.

As an adjustment of status applicant, you may request an advance parole document. You must obtain this travel document before departing. Consequently, an adjustment applicant that leaves the U.S. without advance parole is automatically considered to have abandoned the application and may not be able to re-enter the U.S. However, individuals with refugee status generally should not travel back to their home country .

To travel outside the United States during the adjustment of status process, the I-485 applicant must request advance parole by filing Form I-131, Application for Travel Document . Like employment authorization, you may file Form I-131 together as part of the I-485 package.

If you do not have a passport, it may also be necessary for you to request a Refugee Travel Document .

The essential filing fees for entire asylum-based adjustment process will cost approximately $1,225. For a breakdown of government fees and CitizenPath preparation fees, see our adjustment fees page .

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Asylum Travel

Traveling Outside the U.S. as Asylum Applicant

If you applied for asylum in the United States, and your case is pending, your departure from the United States will be considered as if you have abandoned your asylum application. To avoid this, you can apply with the United States Citizenship and Immigration Services (USCIS) for an advance parole before leaving the United States by filing Form I-131. An approved advance parole allows certain aliens to return to the United States without a visa after traveling abroad. However, even approved advance parole does not guarantee that you will be admitted into the United States after your absence. You will have to undergo inspection by an immigration inspector from United States Customs and Border Protection.

Importantly, even with advance parole, if you go the country in which you have been persecuted according to your asylum application, you will be presumed to have abandoned your asylum petition, unless you can explain why you had to go back to the country that persecuted you, and how you were able to return safely. If you do not provide a compelling explanation, your asylum application will be considered abandoned. Your return to the country of claimed persecution can also be considered evidence that your alleged fear of persecution is not genuine, undermining your chances to be granted asylum. Advance Parole is reviewed on case-by-case basis and rarely granted to asylum applicants.

Traveling Outside the U.S. as Asylee

If you have been granted asylum in the United States, you can travel abroad with prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document will also substitute your passport. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Generally, the asylee should obtain the refugee travel document prior to departure from the United States, although under certain circumstances refugee travel document can also be issued abroad. Like advance parole, a refugee travel document does not guarantee admission into the United States. Upon your return, you will have to undergo inspection by an immigration inspector from CBP.

Your asylum status may be terminated if you are discovered to have lied on your asylum application. In some circumstances, your return to the country of claimed persecution may be considered evidence that your alleged fear of persecution, based on which you obtained asylum, was not genuine. Upon your return to the United States, you may be questioned about why you had to visit the country of claimed persecution and how you were able to return safely. In some cases, you may become subject to proceedings to terminate your asylum status. Termination of your asylum status may also occur there has been a fundamental change in your country of persecution.

If you travel to a third country (meaning a country other than the United States or the country from which you have been granted asylum) as an asylee, even with a green-card and a travel document, you may be in danger of extradition to the country of persecution. Although Article 33 of the 1951 Refugee Convention establishes the principle of “non-refoulement”, meaning that a country is prohibited from expelling a person who has been granted refugee status to the country where such person fears persecution, countries can claim “exceptional circumstances” to question the person’s refugee status. The non-expulsion provision also does not apply to a refugee who is considered to be a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country. Furthermore, countries who have not signed the 1951 Refugee Convention are not bound by the non-expulsion principle. India, Indonesia, Iraq, Libya, Malaysia, Mongolia, Saudi Arabia, Singapore, Syria, United Arab Emirates, and Uzbekistan are among the countries who are not parties to the 1951 Refugee Convention.

As mentioned above, before you travel to a third country, you must obtain a refugee travel document. Under the UN Convention, all countries who signed the 1951 Refugee Convention, must accept the Travel Document instead of your passport. Travel Document serves as your passport, but it does not waive the visa requirements of the third country which you intend to visit. Some countries, for example – Germany, do not require the US asylee’s to obtain visas. This means that, if you received US asylum and obtained a Travel Document, you can travel to Germany without applying for visa. However, not every country waives its visa requirements for US asylees. As such, it is always recommended to first check the visa requirements of the country which you intend to visit. If visa is required, it will be stamped in your Travel Document just as it would be stamped in your passport. You are not recommended to use your country’s passport during travel. If you use your passport for travel to a foreign state, you will be treated as a citizen of your home country, from which you escaped. Thus, by using your home country passport, you will avail yourself to extradition treaties that may exist between the country of your visit and the country of your persecution. Therefore, if you were granted asylum in the US, you should always present your US Refugee Travel Document when asked for passport and you should always introduce yourself as a US asylee. Travel to some states is never safe. For example, although Russia signed the UN Convention on Status of Refugees, Russian customs and immigration agencies often detain asylees and demand ransom threatening to send them back to the countries of persecution.

Traveling Outside the U.S. as Green-Card Holder after Asylum

If you are a lawful permanent resident (green card holder), who obtained such status based on your approved asylum petition, you may travel abroad, but again, with Refugee Travel Document. Green card gives you a right to return to the US. But green card does not substitute a travel document or passport. Therefore, even if you have a green card based on asylum, you should obtain a travel document before traveling.

Related: Visiting Your Country After Asylum

If you return to the country of claimed persecution, you may be questioned upon your return to the United States about why you had to visit the country of claimed persecution and how you were able to return safely. In some cases, you may become subject to proceedings to terminate your underlying asylum status and thus your permanent residence. If you travel to your country of persecution as a green card holder and then apply for naturalization , you may be questioned during your citizenship interview about why you went to the country of claimed persecution and how you were able to return safely.

As a naturalized U.S. citizen, you may travel freely, including to the country of claimed persecution. However, you should be cautious and assess whether or not you would be in any danger if you visit the country of persecution.

To explore your immigration options, please contact us at +1-703-527-1779 or via e-mail: [email protected] .

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Common Questions About Asylum | Travel

One concern a lot of people have when they apply for asylum in the United States — or once they receive asylum here — is if or how it affects their ability to travel to other countries. In this section, we will provide the answers to some of the most frequently asked questions about this issue.

Can I travel as an asylee?

If you are an asylee, your application for asylum in the United States has been approved. That also means you have certain rights, including the right to travel outside of the United States. However, there are certain rules you must follow in order to do so.

Specifically, you must get a special travel document called a Refugee Travel Document, which can be used instead of a U.S. Passport. This is important because if you fail to do so before you leave the United States, you may not be able to re-enter the country upon your return. Depending on your situation, you may even be placed in removal (deportation) proceedings.

You can apply for a Refugee Travel Document by filing Form I-131, Application for Travel Document, with United States Citizenship and Immigration Services (USCIS). The agency recommends that you do so at least 60 days (two months) prior to leaving the United States.

If you do not file for a Refugee Travel Document prior to leaving the United States, a USCIS office overseas may accept your application. However, a USCIS office in another country is not legally obligated to do so, and may not accept your application if there is any evidence you could have filed while you were still in the United States. Finally, you may only pursue this option if you have been outside the United States for at least one (1) year.

You can use a Refugee Travel Document for up to one year.

Can I travel to my country with asylum?

Yes, you can — but it really isn’t a good idea and you should avoid doing so unless absolutely necessary.

This is because the U.S. government granted your asylum based on your claims of past persecution or fear of future persecution in your home country. If you ask to go back without providing a valid reason, or if you can’t explain how you were able to go there without being harmed, the U.S. government may simply conclude that your asylum claim was invalid. It may also terminate your asylum status in the United States.

Can I travel while my asylum application is pending?

Again, the answer to this question is technically, “yes.” You can travel outside of the United States while you are waiting for the government to make a decision about your request for asylum. However, most immigration experts advise against doing so unless it is absolutely necessary. This is because the authorities can question you and there is no guarantee you’ll be allowed to come back into the country upon your return.

If you must travel to another country while your asylum application is pending, you must apply for Advance Parole before you leave the United States. You can do so by completing Form I-131, Application for Travel Document. If your request is granted, you will be allowed to re-enter the United States prior to approval of your asylum application.

Immigration experts also advise against returning to the country where you claim that you were persecuted or have fear of being persecuted while your asylum application is pending. If you do so, the government will assume that you either abandoned your asylum application or submitted a fake one. If the government determines that you filed a fraudulent asylum application, you may never be allowed to set foot in the United States again.

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Can U.S. Asylee Travel Abroad Without the Refugee Travel Document?

Any travel outside the United States by refugees and asylees needs to be carefully analyzed. Asylees and derivative asylees may not travel outside the United States unless they have been provided with the Asylee Refugee Travel Document, a passport-like blue booklet that is valid for a year. So, if you are a U.S. asylee or refugee, and you want to preserve your right to stay in the U.S. after traveling temporarily abroad, you must apply for this document before you leave the United States.

You can also obtain a refugee travel document if you are a lawful permanent resident (LPR), which means you have a green card, as a result of having been an asylee or a refugee. In this circumstance, you may also apply for this document while you are outside the United States. However, you will have to prove that you were not able to apply before leaving the United States because you had to travel abroad in an emergency. Although you don’t need a refugee travel document if you have a valid green card and you want to return to the U.S. after temporary travel abroad, having this document might make your travels much easier.

Asylee Refugee Travel Document

Asylees who leave the United States before being granted the Asylee Refugee Travel Document may apply for it at a United States consulate or port of entry, but there is no guarantee that it will be granted to them. In cases where the asylee was ignorant of the requirement before leaving the United States, or in case of a medical emergency or some other compelling circumstance that justifies the alien’s not meeting the requirements at hand, USCIS district directors will most likely favorably exercise their discretionary authority. In this case, the asylee must not have intended to abandon asylee status and must have been outside the United States for less than a year. Even if the asylee is readmitted with the travel document, as the Chicago immigration attorney states, they will be subject to examination and questioning in regard to those grounds of inadmissibility that would also constitute grounds for termination of asylum, such as the commission of an aggravated felony or being a national security threat.

The Asylee may also request parole into the United States in case of urgent humanitarian reasons or significant public benefit (pursuant to INA 212 (d)(5)). These are the factors that the district directors may consider:

Reasons why the alien was originally granted asylum
The circumstances leading to the expiration of or failure to obtain the refugee travel document
Whether the alien has returned to his or her country of origin, and if so, the reasons for that return
The circumstances in which the alien currently finds himself or herself

The asylee or derivative needs to be cautioned about returning to his or her country of feared persecution since it could affect entitlement to asylee status in some cases. This will not result in automatic revocation of asylum. However, the DHS has the right to inquire whether the asylee has voluntarily re-availed himself of the protection of his or her’s country or nationality. The asylee may be inquired about:

The reasons for the return
The length of the visit
Any other actions that the asylee took while there

For example, visiting a sick relative would not lead to re-ailment. However, purchasing or leasing property or establishing business relations might result in the invalidation of an unexpired refugee travel document under 8 CFR 223.3(b) . If there were to be any doubts as to the application of the cessation clause, they should be resolved in the alien’s favor. It is typically easier for the derivative to return to their home country without facing possible revocation of the status than for the principal asylee or refugee.

Those asylees who have incurred more than 180 days of unlawful presence prior to obtaining their asylee status should also be warned of the risks of travel. Leaving the United States may trigger bars to readmission lasting anywhere from three to ten years. While that should not affect their reentry with their Asylee Refugee Travel Document, it will make them inadmissible if they should apply for adjustment of status. This is why every Chicago asylum lawyer urges caution until naturalization .

About our office in Chicago

Our immigration law firm based in Chicago is dedicated to providing help to our clients facing a variety of situations. Our legal team is composed of the best experts in their field and offers services related to employment and family-based immigration, removal defense, citizenship, federal litigation, and more. Whether you are looking to reunite with your family, further your career, get a better education, or simply enjoy life in the United States, we are happy to help you achieve your immigration goals. We are here to help you find a positive resolution, so don’t hesitate to give us a call .

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Attorney Julia Sverdloff is the founder and owner of Sverdloff Law Group in Chicago, Illinois. Our firm speaks Russian and Spanish.

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Can I Leave the Country While Seeking Asylum?

Seeking asylum can be a lengthy process and you may be waiting for months until you hear back from USCIS. You may be wondering if you can leave the country while seeking asylum for personal reasons such as:

The death of a family member
Critical illness of a close relative
Serious medical reasons
Other humanitarian reason(s)

An asylum applicant should be cautious and it is strongly recommended that you not travel out of the country while your case is pending. Although asylum seekers can leave the United States, there is no law that prohibits them from leaving the country, but they may be putting their asylum case at risk.

If you need to travel, consult with an immigration attorney, and they will be able to advise you before you make that decision and leave the U.S.

What is a Refugee Travel Document?

If you plan to travel outside the United States and have been granted “Refugee Status” or “Asylum Status”, you are required to have a Refugee Travel Document in order to get back into the country. First, you will need to complete and file Form I-131 (Application for Refugee Travel Document) . It is recommended that you file at least 60 days prior to leaving the United States. Since you’re claiming asylum from your home country and cannot use your personal passport, the U.S. requires that you use the Refugee Travel Document which substitutes for a passport. Processing times for these applications take approximately three months, expedited processing is available for specific cases.

When you submit your application, USCIS will contact you to attend a Biometric appointment. If for some reason you fail to attend, your application will be denied.

For more, visit www.uscis.gov or call Customer Service at 1-800-375-5283 to learn about filing the travel document.

What is an Advanced Parole Document?

Advance Parole is a type of travel document for applicants who have certain pending USCIS applications or immigration statuses. Advance parole is also available for asylum applicants who need to travel while their case is pending.

Form I-131, Application for Travel Document

If you are an asylum applicant and your case is pending, you are not eligible to obtain a Refugee Travel Document. Instead, you will need to apply for an Advance Parole Document . This document is a temporary travel authorization for asylees returning to the United States without a visa after traveling out of the country.

To apply for an Advanced Parole Document, you need to file Form I-131, Application for Travel Document and it must be approved before you leave the country. This document takes approximately 3-5 months to arrive, so do not make plans to leave beforehand. If you file and leave the United States without having this approval document, USCIS will consider your Form I-131 and other pending cases abandoned.

If you need to travel abroad due to an emergency, read the Emergency Travel page for additional information.

You do not need an advanced parole document to travel to in and within parts of the United States.

This includes:

Puerto Rico
U.S. Virgin Islands
American Samoa
Swains Island
Commonwealth of the Northern Mariana Islands (CNMI)

If you are traveling to one of these destinations, make sure it’s a direct flight with no layovers, as you want to avoid ending up outside the states.

When traveling abroad even with approval and an Advance Parole Document, this does not guarantee that you can return to the United States. Even if you have a pending asylum application, a Customs and Border Protection (CBP) officer may deny your re-entry at a U.S. port if they believe that the applicant is inadmissible to the U.S. and may be placed in removal proceedings. Before leaving the United States, you need to decide whether it's necessary to take the risk.

Can I Return to the Country I Am Seeking Asylum From?

Returning to your country of origin that you initially fled from because of a well-founded fear of persecution on an account of a protected ground is highly discouraged.

If you decide to return, USCIS may suspect that you may have filed a fraudulent application and that you’ve abandoned your asylum application.

If you entered the United States with a “Refugee Status”, you will need to explain your travel to USCIS to avoid losing your refugee status. However, there is also a chance that you may face serious consequences and your status may be terminated.

If your asylum status has been granted and you voluntarily decide to return for whatever reason, it will be noted that you do not need protection and are no longer eligible for asylum due to circumstances or changes in your home country.

There have been cases where the circumstances change in the applicant's home country, and they decide to return. If this is the case, it's best to notify USCIS and cancel your asylum application. You do not want to run into issues obtaining a visa and traveling to the U.S in the future.

How Long is the Travel Document Valid For?

Once your travel document is approved, it is valid for up to one year. Depending on the case, USCIS may approve parole for a single use or for multiple uses depending on your immigration status.

The single-use is valid only for one planned trip on specific dates. The multiple-use documents are generally valid multiple times.

After one year, you cannot renew your travel document, instead, you’ll need to re-apply for a new one.

Leave the Country While Seeking Asylum FAQs

It is strongly recommended that you do not travel outside of the United States while your application is pending, however, if there is a valid reason that you need to, ensure to speak to your attorney beforehand. The attorney will be able to look at your case and advise you if it’s in your best interest. They will also help you begin filing the proper forms. If you have been granted asylum or refugee, you will need to submit Form I-131 for a refugee travel document. Otherwise, you would need to submit Form I-131 to apply for advance parole if you have an asylum case pending with no decision.

Can I Go Back to My Country If I am a Refugee?

It is not recommended to travel to your home country where you claimed you were fearful of returning and feared persecution. In fact, most immigration attorneys discourage it because it may affect your asylum status and/or application. USCIS may presume that you submitted a fraudulent application, and you may need to answer questions based on your travels.

Can I Travel If I Have a Pending Immigration Case?

This depends. Asylum applicants may travel anywhere within the United States, but traveling abroad should be avoided. If you need to travel for personal or family-related reasons, you should apply for an Advanced Parole Document. Once approved then you may leave. Keep in mind that re-entry is not guaranteed.

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Asylum Denial Reasons in 2024

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Readmission of Asylees and Refugees After International Travel

Introduction and Questions Posed
Why are Asylees and Refugees Treated Differently?

Inspection at Point of Entry for Asylees and Refugees

Asylee and refugee travel under a grant of advance parole, admitting refugees and asylees who lack valid travel documents.

U.S. Consulate or Port of Entry Issued Refugee Travel Documents

Consequences of Returning as a Parolee

Adjudication of situation where asylee or refugee returns to country of nationality, traveling for asylees and refugees with pending adjustment of status (i-485) applications, introduction and questions raised.

This article will use applicable statutes, regulations, and an important Immigration and Nationality Service (INS) memorandum issued on November 23, 1999, titled “Readmission of Asylees and Refugees Without Travel Documents” 1 (henceforth, “Cooper Memo”) to answer the following questions regarding travel by persons in the United States as asylees and refugees.

What is the status of an asylee or refugee who leaves United States while lacking permission to return, or who is in the United States with terminated travel documents? What is the process for readmitting asylees and refugees who have invalid travel documents when they travel? What are the repercussions from a legal standpoint for an asylee or refugee returning without valid travel document? If an asylee or refugee travels back to their country of origin, where he or she had declared having a well-founded fear of maltreatment, will he or she lose his or her immigration statuses in United States? Do asylees and refugees refugees have to withdraw their outstanding adjustment of status requests (I-485) if they travel outside the United States without advance parole?

A refugee is considered inadmissible 2 if he or she travels outside the United States without a valid and non-expired travel document. However, with the consideration of a United States Citizenship and Immigration Services (USCIS) District Director, a refugee lacking documents for travel may petition for travel documents at a port of entry. He or she may also request to be paroled into the United States or submit an application for refugee admission.

In addition, while not dispositive by itself, there may be a negative effect on U.S. protection benefits if an asylee or refugee returns to his or her country of nationality. Although traveling to his or her country of nationality will not immediately end the refugee's asylum status in the United States, it will call into question the presence of a well-founded fear of return, and may even cast doubt on the veracity of the original asylum claim.

Asylees and refugees are allowed to travel outside the United States without having withdrawn their current adjustment of status application, which is not considered abandoned on account of leaving the United States for brief and causal travel abroad. 3 However, they are still required to apply for and receive a refugee travel document before traveling, and then to present it, unexpired, upon return.

Special Consideration for Travel for Asylees and Refugees

Congress intended for asylees and refugees to receive special consideration with regard to travel. The immigration status of an asylee or refugee who has expired travel documents and is travelling without permission outside the United States is not revoked and it does not expire on account of travel. Any person who was given asylum or refugee status in the United States is allowed to travel internationally. However, he or she must receive refugee travel documents to be able to return to the United States. 4 If an asylee or refugee seeking entry into the United States is able to present a valid and unexpired refugee travel document at his or her place of entry, he or she may be admitted into United States and resume his or her status as a refugee. 5 Asylees and refugees who travel outside of the United States without suitable documents or permissions are deemed inadmissible on account of having left the United States without securing proper reentry documentation, or on account of having failed to return to the United States before the expiration of their refugee travel documents. 6 However, the Department of Homeland Security (DHS) cannot rely on the section 235(b)(1) of the Immigration and Nationality Act (INA) to expeditiously remove an asylee or refugee who had once before managed to prove his or her claim to asylum status or refugee status. 7

Refugees or asylees returning to United States with his or her valid travel documents must still be reviewed for admissibility. 8 However, U.S. Customs and Border Protection (CBP) inspectors are advised to only inspect asylees for grounds of inadmissibility that would also be grounds for termination of asylum. 9 In the case where the asylees provides current and suitable refugee travel documents, and the officer inspecting him or her deems that he or she is considered inadmissible, DHS must issue a notice of intent to discontinue asylum and place the immigrant into removal proceedings under section 240 of the INA. 10 However, unless the reasons for inadmissibility were the same as the reasons to terminate asylum (such as an aggravated felony or national security ground), the asylee or refugee would be permitted to reenter the United States and resume his or her status on account of having a valid and unexpired travel document. Accordingly, by having acquired a refugee travel document ahead of the travel, and returning within its validity period, the asylee or refugee keeps his or her asylum status except if it was terminated under applicable regulations. 11 Inspection of returning asylees and refugees are governed by the section 207(c)(3) of the Immigration and nationality Act (INA), which outlines inadmissibility grounds under section 212(a) of the INA as applied to asylees and refugees, as well as the inadmissibility grounds which can, in the discretion of the officer, be waived. Hence, if the returning asylee or refugee is deemed to be inadmissible, and the ground for inadmissibility is not waived, he or she cannot be expeditiously removed from the United States, but instead must be placed in removal proceedings under section 240 of the INA. During section 240 proceedings, the asylee or refugee should be afforded an opportunity to reapply for asylum.

In rare cases, an asylee or refugee may travel from the United States under a grant of advance parole. If the asylee or refugee presents his or her advance parole document at inspection, he or she will be paroled into the United States in accordance with section 212(d)(5) of the INA. 12 However, except in cases of emergency, refugees should obtain refugee travel documents to travel instead of grants of advance parole.

Although the lack of valid travel documents at the time or place of reentry into the United States renders an asylee or refugee inadmissible, that inadmissibility may be waived in the discretion of a CBP officer. In fact, current regulations actually encourage CBP officers to waive that ground of inadmissibility for asylees and refugees because of the special status accorded by U.S. immigration law for individuals escaping persecution on one of the statutorily defined grounds. Hence, even when a refugee or asylee lacks a valid travel document, refusal of the reentry is not automatic; readmission is often permitted as a matter of discretion and, if readmitted, the asylee or refugee may resume his or her status in the United States.

Therefore, while a missing or invalid advance parole or refugee travel document at the time of entry triggers inadmissibility, it does not invalidate the asylee or refugee status as a matter of law, thus providing the CBP with discretion to readmit the asylee or refugee and allow him or her to resume his or her asylee or refugee status in the United States. Both U.S. law and policy encourage readmission in these circumstances to avoid trapping a person who was granted asylee or refugee status outside of the United States solely because of missing or invalid travel documents.

CBP officers are advised to take into account situations where the asylee or refugee may have been uninformed of the requirement to receive a refugee travel document prior to traveling abroad, as well as situations where events abroad may have prevented the asylee or refugee from returning to the United States in a timely manner. 13

U.S. Consulate or Port-of-Entry Issued Refugee Travel Documents

Since April 1, 1997, an asylee or refugee is required to apply for a travel document before leaving the United States. However, by a process described in 8 C.F.R. § 223.2(b)(2)(ii), such alien may apply for a discretionary grant of a refugee travel document from outside the United States or at a U.S. port of entry. 14 This may be granted, pursuant to guidance from the Department of Justice (DOJ) if it is found that the alien left without a refugee travel document because he or she was ignorant of the requirement, or because he or she left due to an urgent humanitarian need. 15 However, this is not intended to be the normal procedure, and if inspectors determine that the asylee or refugee was aware of the requirement to obtain a refugee travel document, and that he or she did not leave because of an urgent humanitarian need, they will likely not grant a discretionary refugee travel document. 16

Pursuant to 8 C.F.R. § 223.2(b)(2)(ii), in order to be approved for a travel document request overseas, an asylee or refugee must make the request within 1 year of his or her departure from the United States. There is no exception to this rule. If more than 1 year has elapsed, the asylee or refugee may still be eligible to be paroled into the United States, and should pursue that option. However, in his or her discretion, CBP's District Director may also permit the asylee or refugee to reapply for refugee status under section 207 of the INA, which would allow the person to reenter the United States with all of the benefits of refugee admission. 17

If an asylee or refugee is paroled into the United States, he or she will not regain his or her prior asylee or refugee status. However, provided that he or she satisfies the following conditions, he or she will be eligible to adjust status pursuant to section 209(a) of the INA:

Has not had admission terminated by the AG, Has been physically present in the United States for at least 1 year, and Has not already acquired permanent resident status 18

For the purpose of adjustment of status in this situation, time spent on parole constitutes time spent “physically present” in the United States. 19 In the case of an asylee, he or she may adjust after one year of physical presence even if he or she left the United States and was paroled back into the United States upon return. 20 Refugees admitted to the United States under section 207 of the INA will have physical presence under parole count toward eligibility for adjustment of status. 21 However, asylees and refugees who return under a grant of parole are not entitled to employment authorization for asylees and refugees pursuant to 8 C.F.R. § 274a.12(a), and they will be required to file an application under 8 C.F.R. § 274a.12(c)(11) in order to be granted authorization for employment. 22

As we mentioned earlier in the article, if an asylee or refugee returns to the country where he or she allegedly fears persecution, immigration authorities may consider this as grounds to terminate the asylee's or refugee's status. In considering whether the asylee's or refugee's status should be terminated for returning to his or her country of nationality, immigration authorities consider whether he or she “voluntarily re-availed himself [or herself] of the protection of his [or her] country of nationality.” 23 Agents are instructed to consider the following in determining whether the asylee or refugee should no longer qualify for his or her status:

Whether or not the return to the country of nationality was voluntary; Whether or not the refugee intended to re-avail him or herself to the protection of his or her country of nationality; Whether or not the refugee actually obtained protection of his or her country of nationality. 24

Generally speaking, immigration officials will look to discover whether an asylee or refugee took steps to re-establish him or herself in the country of nationality (for example, if he or she bought a house) and whether or not he or she obtained a passport or other type of travel document from the country of nationality. 25 However, while those would be two factors supporting the cessation of asylee or refugee status, immigration authorities are instructed to consider each situation on a case by case basis. There is no single fact that leads to the cessation of status in every single case. Furthermore, if immigration authorities believe that the facts of the case do not clearly support the cessation of status, they are instructed to resolve the case in favor of allowing the asylee or refugee to keep his or her status. 26

Persons admitted as asylees or refugees may apply for adjustment of status provided that they have been physically present in the United States for at least 1 year. 27 In accordance with current regulations, 28 the rules for leaving the United States as an asylee or refugee with a pending adjustment of status application will be solely governed by the statue providing for adjustment for asylees and refugees and not by the rules for all other adjustment of status applicants. Section 209 of the INA, which contains the statutory provisions for adjustment of status for asylees and refugees, does not contain a provision that asylees and refugees abandon their adjustment of status applications by departing the United States without a grant of advance parole. Since asylees and refugees returning to the United States from abroad with valid and unexpired refugee travel documents are readmitted with their asylee or refugee statuses, their adjustment of status applications will not be considered abandoned on account of traveling abroad. 29

_____________________

INS Memorandum, B. Cooper, “Readmission of Asylees and Refugees Without Travel Documents” (Sept. 2000)
INA §212(a)(7)
Cooper Memo
8 C.F.R. § 223.1(b)
8 C.F.R. § 223.1(d) (2) (i).
INA § 240; 8 C.F.R. § 223.3(d) (2) (ii).
8 C.F.R. § 235.3(a) (5) (iii).
8 C.F.R. § 223.3(d) (2) (1).
Cooper Memo, citing; 8 C.F.R. § 208.23.
8 C.F.R. § 208.23(f)
8 C.F.R. § 208.22.
8 C.F.R. § 245.2(a) (4) (ii); INA § 235(a) (1); In Re S-O-S-, Int. Dec. 3355 (BIA 1998)
Cooper Memo.
Id., for the list
Cooper Memo, citing; Matter of M/V “Runaway”, 18 I&N 127, 130 (BIA 1981) [Holding that parolees are “physically present” in the United States, but in this situation are ineligible to seek admission as refugees under INA § 207 and must instead seek asylum under INA § 208]
INA § 209(b)
Cooper Memo, citing; 8 C.F.R. § 207.9 for procedures for refugee adjustment of status in this situation
Cooper Memo, citing; Article 1(C)(1) of the 1951 Convention Relating to the Status of Refugees (henceforth, “The Convention”)
Cooper Memo, citing; Handbook on Procedurs and Criteria for Determining Refugee Status (henceforth, “The Handbook”) paragraphs 11-139; GenCo Opinion 79-23, Sept. 11, 1979
Cooper Memo, citing; Article 1(C)(4) of the Convention; Paragraphs 121, 123, 133-34 of the Handbook.
Cooper Memo, citing; Paragraph 116 of the Handbook [instructing that the cessation clauses be interpreted “restrictively”]
Cooper Memo, citing; INA § 209 [for asylee/refugee adjustment]; INA § 245 [for corresponding adjustment provisions for all other non-immigrants]
See; 8 C.F.R. § 245.2(a)(4)(i), 8 C.F.R. §§ 209.1(a)(1), 209.2

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For U.S. Citizens/Lawful Permanent Residents

Advance Parole

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the United States.

Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the U.S. after traveling abroad.

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment . Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

An I-131 application for Advance Parole is filed with U.S. Citizenship and Immigration Services (USCIS) pursuant to the instructions found on their Website.

Aliens in the United States should, prior to departure , obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the U.S. Citizenship and Immigration Services;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
An emergent personal or bona fide reason to travel temporarily abroad.

Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536. Aliens in the United States are not eligible for Advance Parole if they are:

In the United States illegally; or
An exchange alien subject to the foreign residence requirement.

Please note that Advance Parole does not guarantee admission into the United States. Aliens with Advance Parole are still subject to the U.S. Customs and Border Protection inspection process at the port of entry.

For more information, please visit the State Department website or the U.S. Department of Homeland Security website. To apply for a passport, U.S. citizens can visit State Department website or call the U.S. Passport Office at 1-877-4USA-PPT or TDD/TYY: 1-888-874-7793. Foreign residents should contact their respective governments to obtain passports.

Update May 10, 2024

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IMPORTANT ANNOUNCEMENT: Follow-to-Join Refugee Case Processing Now Centralized

Due to processing changes, follow-to-join refugee cases processed by Department of State embassies and consulates will only be processed at embassies or consulates offering immigrant visa services, or U.S. Citizenship and Immigration Service (USCIS) international field offices. This will mean that cases currently being processed at posts that only adjudicate nonimmigrant visa applications will be transferred and follow-to-join refugee beneficiaries may need to travel to another country in order to be interviewed. If your case is being transferred, you will be notified by the Department of State.

The list of U.S. embassies and consulates below reflect some of the processing locations that will no longer process follow-to-join refugee cases, along with the newly designated embassy, consulate , or USCIS international field office to which the cases will be transferred. For example, a follow-to-join refugee case arising in the consular district of the U.S. Embassy in Bamako, Mali, will now be processed at the U.S. Embassy in Dakar, Senegal.

For a more complete list, you can visit Visa Issuing Posts in order to confirm whether an embassy or consulate nearest to your residence will process your follow-to-join refugee case. If the location provides “All” visa services, then your follow-to-join refugee case can be processed there, unless there is a USCIS international field office in that country. Locations marked only as “NIV” will no longer process follow-to-join refugee cases. Embassies or consulates that only offer nonimmigrant visa (NIV) services will note the designated processing post for immigrant visas (and follow-to-join refugees) on their websites https://www.usembassy.gov/ .

Please note that the change only impacts follow-to-join refugees. Follow-to-join asylees can still be processed at locations offering just NIV services.

What if I was already interviewed?

If you have not been issued a boarding foil, then your case file will be transferred to the regional processing location noted above or on the Visa Issuing Posts page.

How will I know if my case has been transferred?

The Department of State will notify you if your case is transferred to another location.

What if I choose to have my case transferred to another location, since I am unable to travel to this NEW designated location?

Follow-to-join refugee beneficiaries may request to process their cases at another immigrant visa processing U.S. embassy or consulate that is different than the one designated. If you would like to have your case transferred to a different embassy, consulate, or USCIS international field office, then you must provide justification for the case transfer and show that you can legally be present in the country while your case is being processed. You will first need to submit a request directly with the National Visa Center (NVC) through the Ask NVC online submission form. You should select the “How can I request to have my interview scheduled at a different U.S. Embassy overseas?” in the question dropdown list. In the box entitled “Additional comments or questions not in the above list”, you should include a justification for requesting the different location and note that it is in regards to “follow-to-join refugee centralization.”

Can I use my still valid medical exam at a new processing location?

Yes, the results of a still valid medical exam completed in another location can be transferred to another embassy, consulate, or USCIS international field office.

Spouse and Unmarried Minor Children Abroad Following to Join a Refugee or Asylee in the United States

Welcome to the webpage dedicated to follow-to-join refugee and asylee processing. You have come to this webpage if you have a USCIS approved I-730 petition, and you received an email or letter from the National Visa Center (NVC) telling you that your petition was sent overseas for processing. Find the subject in the list below and click to visit that section of the page.

Overview – Follow-to-Join Refugees and Asylees

Follow-to-Join Overseas Processing Steps

Overseas Interview Appointment Scheduling

Documentation needed for the overseas interview, medical examination and vaccination requirements, how long will it take to process a case overseas.

Ineligibilities - What if a Beneficiary is Ineligible?

Case Inquiries

Using a Form I-730, Refugee/Asylee Relative Petition, a person who has been granted asylum or refugee status in the United States (the petitioner) may petition to have his or her spouse and/or unmarried children, who are called beneficiaries, join him or her in the United States. Overseas, the beneficiaries of Forms I-730 filed by asylees in the United States are known as follow-to-join asylees . Beneficiaries of Forms I-730 filed by refugees are known as follow-to-join refugees .

Follow-to-Join Overseas Processing

1. Petition Filing: An individual (petitioner) who was granted asylum in the United States as a principal asylee or who was resettled to the United States as a principal refugee can file an I-730, Refugee/Asylee Relative Petition, within the first two years of arrival, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), on behalf of his or her spouse and unmarried child(ren) (beneficiary). Further details on petition filing are available on the USCIS website under Form I-730, Refugee/Asylee Relative Petition .

2. National Visa Center (NVC) Pre-Processing Case Assignment: If the beneficiary of an approved petition is located overseas, USCIS sends the approved Form I-730 petition to the National Visa Center (NVC) . NVC then forwards the case file to the overseas location where the beneficiary will interview. NVC sends the petitioner a letter or email telling him/her which office will interview the beneficiary, how to get in touch with that office, and what steps to take next.

3. Beneficiary Interview: The beneficiary will be interviewed by either a Department of State consular officer or USCIS officer at a U.S. Embassy or Consulate overseas. This interview will confirm the beneficiary’s identity, claimed relationship to the petitioner, and eligibility to travel to the United States. During the interview process, the beneficiary must provide ink-free, digital fingerprint scans. The beneficiary interview requires careful preparation, including having all required original documents available for the interview. Some beneficiaries also must complete a medical examination prior to interview. See the “Documentation Needed for the Overseas Interview” section below for details on what to bring to the interview.

4. Approval to Travel as a Follow-to-Join Refugee or Follow-to-Join Asylee: The interviewing officer will tell the beneficiary if he or she has been found eligible to travel to the United States.

5. After Interview Processing: Some cases require further administrative processing , which takes additional time after the beneficiary’s interview. Follow-to-join refugee beneficiaries, for example, undergo post-approval processing to arrange for sponsorship by a voluntary resettlement agency in the United States upon arrival. (NOTE: All follow-to-join refugee beneficiaries are required to have a sponsorship assurance from a resettlement agency before travel to the United States in order to receive refugee benefits.)

6. Issuance of Boarding Foil and Travel Packet: An officer will place a boarding foil in the approved beneficiary’s passport or other travel document. The beneficiary also will receive a sealed envelope – called a "travel packet" – containing the documents for review by a DHS immigration official when the beneficiary enters the United States.

7. Travel Arrangements : The beneficiary must enter the United States before the expiration date printed on the boarding foil. The officer who conducted the interview will advise the beneficiary about travel arrangements to the United States. Typically, follow-to-join asylee beneficiaries are instructed to make their own travel arrangements. Travel arrangements for follow-to-join refugee beneficiaries, on the other hand, are required to be arranged and managed by the International Organization for Migration (IOM). Follow-to-join refugee beneficiaries who arrive in the United States without IOM coordination will not receive the reception and placement benefits to which they are entitled.

8. Entering the United States : The boarding foil issued to the beneficiary allows him or her to travel to the U.S. port of entry to request permission to enter the United States. However, the boarding foil does not guarantee entry into the United States. The DHS Customs and Border Protection (CBP) officials at the U.S. port-of-entry have the authority to permit or deny admission to the United States. Upon arrival at the port-of-entry, the beneficiary must give the CBP officer his or her passport (or other travel document) with boarding foil and the unopened/sealed travel packet envelope. Beneficiaries should review important information about admission and entry requirements on the CBP website under Travel .

All follow-to-join refugee and asylee beneficiaries must be interviewed by a USCIS officer or Department of State consular officer at a U.S. Embassy. When a case is ready for interview, the embassy will send the applicant or petitioner a letter with instructions explaining how to schedule an interview appointment.

Failure by a beneficiary to schedule an interview appointment will result in processing delays. It is critical that the overseas office conducting the beneficiary interview has the current contact information – including physical and mailing addresses, telephone numbers, and email addresses – for the petitioner, beneficiary, and if applicable, the representative of record on the case.

For interviews conducted by the Consular Section: Please follow the instructions the U.S. Embassy sends you and the guidance in the below section titled “Documentation Needed for the Overseas Interview.” You can also visit Interview Preparation – Interview Guidelines for general information on how to prepare for an interview at a U.S. Embassy or Consulate. Important: Not all of the documents required for immigrant visa applicants are necessary for beneficiaries of I-730 petitions. The information on this link should be used as a general outline of what an interview is like.

For interviews conducted by an overseas USCIS office: After the interview is scheduled, the USCIS office will send the beneficiary a confirmation notice, which will outline the requirements that the beneficiary must fulfill before his or her interview.

1. The original and a photocopy of the following civil documents for each beneficiary, as applicable. These documents confirm the beneficiary’s identity and relationship to the petitioner in the United States:

a. Birth certificate;

b. Marriage certificate;

c. Certified adoption decree;

d. Divorce certificate (if needed to prove the legal termination of previous marriages);

e. Death certificate (if needed to prove the legal termination of previous marriages); and

f. Documentation of any legal name change.

g. Six photographs of the beneficiary (see the photograph requirements); and

h. A photocopy of the biographical data page of the beneficiary’s passport, if available.

Note: Documents written in a language other than English must be accompanied by a certified English translation. When the beneficiary is interviewed overseas, the interviewing officer may ask for additional information, such as photographs and other proof that the relationship with the U.S. petitioner is genuine.

2. One or more travel document(s) , such as a passport, with a validity date at least six months beyond the beneficiary’s intended date of entry into the United States and/or picture identity card (for example, a refugee travel document).

3. Other evidence of relationship between the beneficiary and petitioner, such as photographs, available school records, family correspondence, phone bills, documentation demonstrating financial support, and other proof that the relationship is genuine.

4. Completed Medical Examination Report , which will be provided by an embassy-approved panel physician after the beneficiary has successfully completed a medical examination and vaccinations (see below).

Important Notice : Follow-to-join asylee beneficiaries must complete their medical exam before their interviews with a USCIS officer or Department of State consular officer, and they are responsible for paying the cost of the medical examination. Follow-to-join refugee beneficiaries typically are instructed to complete their medical exams after their interviews, and the U.S. Government pays all costs associated with the medical examination.

Before the issuance of a follow-to-join refugee or asylee boarding foil, every beneficiary, regardless of age, must undergo a medical examination, which must be performed by an authorized panel physician. See Medical Examination for more information. You can find a list of approved panel physicians by country on our Interview Preparation – Interview Guidelines web page.

Follow-to-join refugee and asylee beneficiaries are encouraged to get certain vaccinations. Although vaccinations are not required prior to travel to the United States, they will be required when adjusting status to that of lawful permanent resident. Beneficiaries are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See Vaccination Requirements for IV Applicants for the list of vaccinations.

Once a case has been transferred by NVC to the appropriate USCIS office or U.S. Embassy Consular Section, the length of time needed to complete the case varies according to its circumstances, and cannot be predicted with any accuracy. (It is important to provide correct postal addresses, telephone numbers, and email addresses for both the petitioner and the beneficiary to the U.S. Embassy or USCIS office processing the case. See Case Inquiries below). Some cases require further administrative processing , which takes additional time after the beneficiary’s interview.

Please visit My Case Status on the USCIS website to obtain a status on an I-730, Refugee/Asylee Relative Petition. If the case has been transferred overseas by NVC, the petitioner or beneficiary may contact the USCIS office or U.S. embassy processing the case for information.

Ineligibilities

Certain conditions and activities may make the beneficiary ineligible for admission to the United States. If a beneficiary is ineligible, he or she will be informed by the USCIS officer or Department of State consular officer at the time of interview, and advised whether there is a waiver of ineligibility and what the waiver process is. Ineligible cases are returned to the USCIS Service Centers that initially approved them for further action.

There is no cost to file a Form I-730, Refugee/Asylee Relative Petition. There is no cost to schedule a Form I-730 beneficiary interview.

If petitioners, beneficiaries, or representatives have a question concerning a follow-to-join refugee or asylee case in progress at a USCIS office or U.S. Embassy, first contact the appropriate USCIS office or U.S. Embassy for status information. Case status information also is available on the USCIS website under My Case Status .

Before making an inquiry, petitioners and representatives should carefully review this website for answers to questions. Because of the volume of inquiries received, USCIS and the Department of State cannot promise an immediate reply to an inquiry.

Department of State contact information is available at Contact Us . USCIS contact information is available at Contact Us .

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The CDC issues new rules for bringing dogs into the U.S., aimed at keeping out rabies

Rob Stein, photographed for NPR, 22 January 2020, in Washington DC.

Traveling internationally with a dog — or adopting one from abroad — just got a bit more complicated. The CDC issued new rules intended to reduce the risk of importing rabies. mauinow1/Getty Images/iStockphoto hide caption

Traveling internationally with a dog — or adopting one from abroad — just got a bit more complicated. The CDC issued new rules intended to reduce the risk of importing rabies.

The Centers for Disease Control and Prevention announced new rules Wednesday aimed at preventing dogs with rabies from coming into the United States.

Under the new regulations, all dogs entering the U.S. must appear healthy, must be at least six months old, must have received a microchip, and the owner must verify the animal either has a valid rabies vaccine or has not been in a country where rabies is endemic in the last six months.

Dogs coming from a country that is considered at high risk for rabies and who received a rabies vaccine from another country must meet additional criteria. Those include getting a blood test before they leave the other country to make sure the animal has immunity against rabies, a physical examination upon arrival and getting a U.S. rabies vaccine. If the dog doesn't have a blood test showing immunity, it must be quarantined for 28 days.

These are much stricter requirements than existing regulations for dog importation — for those who want to adopt from abroad and for those traveling internationally with their pets.

Shots - Health News

Vaccine hesitancy affects dog-owners, too, with many questioning the rabies shot.

But, U.S pet owners shouldn't panic, says Dr. Emily Pieracci , a CDC veterinary medicine officer. "This really isn't a big change," she says. "It sounds like a lot, but not when you break it down, it's really not a huge inconvenience for pet owners."

Rabies was eliminated in dogs in the United States in 2007 , but unvaccinated canines can still contract the disease from rabid wildlife such as raccoons, skunks or bats.

And rabies remains one of the deadliest diseases that can be transmitted from animals to humans around the world. Globally, about 59,000 people die from rabies each year. The illness is nearly always fatal once a person begins to experience symptoms .

Today, pet dogs in the United States are routinely vaccinated against rabies.

"This new regulation is really set to address the current challenges we're facing," Pieracci says. Those include an increased risk of disease "because of the large-scale international movement of dogs," she adds, as well as fraudulent documentation for imported dogs.

The U.S. imports an estimated 1 million dogs each year. In 2021, amid a surge of pandemic-inspired dog adoptions, the CDC suspended importations from 113 countries where rabies is still endemic because of an increase in fraudulent rabies vaccination certificates. The countries include Kenya, Uganda, Brazil, Colombia, Russia, Vietnam, North Korea, Nepal, China and Syria.

That suspension will end when the new rules go into effect Aug. 1.

"This will bring us up to speed with the rest of the international community which already has measures in place to prevent the importation of of rapid dogs," Pieracci said. "So, we're playing catch-up in a sense."

The new regulations replace rules that date back to 1956. Those rules only required that dogs be vaccinated before entering the country.

To control rabies in wildlife, the USDA drops vaccine treats from the sky

"As you can imagine a lot has changed since then," Pieracci says. "International travel has increased dramatically and people's relationships with dogs have changed since the 1950s. During that time, it really wasn't common for dogs to be considered family member. They didn't sleep in peoples' beds. They certainly didn't accompany them on international trips."

The new rules won praise from the American Veterinary Medical Association . The organization "is pleased to see the implementation of this new rule that will help protect public health and positively impact canine health and welfare," said Dr. Rena Carlson, president of the AVMA in a statement to NPR.

Dog rescue advocates also welcomed the changes.

"This updated regulation will allow us to continue bringing dogs to the U.S. safely and efficiently," Lori Kalef, director of programs for SPCA International, said in a statement.

"We have seen that dogs have been a lifeline for U.S. service members during their deployments. One of our key programs reunites these service members and their animal companions here in the U.S. once they have returned home," she said. "The CDC's commitment to improving its regulations has a profound impact on the animals and service members we support, and this new policy is an important piece of that effort."

importing dogs

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Turkey - USCIS Ankara Field Office

Geographic jurisdiction.

USCIS Ankara has jurisdiction over U.S. immigration matters in Turkey (Türkiye).

Public hours

For public inquiries related to services our office provides (see list of services below), please contact our office by email at   [email protected] .

Direct all other public inquiries to the USCIS Contact Center . If you are in the United States or a U.S. territory, dial 800-375-5283 (for people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833) to access automated information through an interactive menu 24 hours a day, seven days a week. If you are outside the United States or a U.S. territory, you can call the USCIS Contact Center at 212-620-3418. You can get live help from a USCIS representative Monday through Friday from 8 a.m. to 8 p.m. Eastern except on federal holidays.

Appointments

You must make an online appointment to visit USCIS Ankara. USCIS Ankara does not accept walk-ins.

Fee Payment Information

For all applications and petitions that you submit to this office, you must pay the fees to the U.S. Embassy cashier with Visa or MasterCard or in cash with U.S. dollars or Turkish Liras. We do not accept personal checks, traveler’s checks, money orders, or Turkish debit cards.

Office Services

Click on the tabs below for additional information on each service this office provides. Click on the form names within the tabs to see a complete explanation of the fees, required forms and documentation associated with forms that we may accept directly at this office. If there are special instructions for filing at this office, you will see them under “Filing and Other Special Instructions” within each tab.

Form I-730, Refugee/Asylee Relative Petition, Form and Fee Information

Individuals admitted to the United States as a refugee or granted status in the United States as an asylee within the past two years may file a Form I-730, Refugee/Asylee Relative Petition, for qualifying relatives.

Filing and Other Special Instructions:

Refugees or asylees file this petition in the United States for their qualifying relatives. Please see the  Form I-730  webpage for filing instructions. If you file a Form I-730 petition with a domestic USCIS office for a beneficiary who resides in Turkey, we will transfer the petition to the USCIS Ankara Field Office for further processing. We will contact the petitioning relative and any representative of record to initiate processing and gather additional information and documents, once we have received the Form I-730 from the domestic USCIS office.

Please Note: It is important to notify our office if the beneficiary’s contact information changes from what is on their Form I-730. You should inform us of any such changes by submitting the change by email to this office.

Lawful permanent residents may pick up a reentry permit you applied for by filing Form I-131, Application for Travel Document, to return to the United States travel abroad in certain circumstances (PDF, 667.32 KB) .

This office does not adjudicate re-entry permits. This office only provides service if you applied for a reentry permit by filing Form I-131, Application for Travel Document, in the United States and asked USCIS to send your reentry permit to the U.S. Embassy/USCIS in Ankara.

If we receive contact information, USCIS Ankara will contact you when your Form I-131 has been approved by an office in the United States and your reentry permit is ready for collection. If you believe your permit should be at USCIS Ankara and you have not heard from us, you may send us an inquiry .

Find instructions on how to obtain or replace a reentry permit at How Do I Get a Reentry Permit (PDF, 667.32 KB) .

Biometrics collection supports certain applications and petitions pending with a USCIS international office and, in some cases, with a domestic office.

If USCIS has requested biometrics (such as fingerprints, photograph, and/or signature) in association with the adjudication of the forms listed below, individuals residing in Turkey generally may request biometrics collection at our office:

Form I-130, Petition for Alien Relative ;
Form I-131, Application for Travel Document (Refugee Travel Document (RTD)), if the applicant has departed the United States without an RTD and has received permission from USCIS to file Form I-131 from outside the United States. Otherwise, it is at the field office director’s discretion as we explain in the section For All Other Forms Not Listed Above;
Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant ;
Form I-600, Petition to Classify Orphan as an Immediate Relative —We do not always require residency;
Form I-600A, Application for Advance Processing of Orphan Petition —We do not always require residency;
Form I-730, Refugee/Asylee Relative Petition ;
Form I-800A, Application for Determination of Suitability to Adopt from Convention Country —We do not always require residency;
Form I-914, Application for T Nonimmigrant Status** ;
Form I-918, Petition for U Nonimmigrant Status** ;
Form N-400, Application for Naturalization —for active duty military service members stationed abroad and their dependents, and for certain applicants who are eligible for naturalization under section 319(b) of the Immigration and Nationality Act.

For All Other Forms Not Listed Above:

USCIS usually schedules biometrics collection at an Application Support Center (ASC) in the United States based on the applicant’s or petitioner’s address of record.

In rare circumstances, international field office directors may use their discretion to collect biometrics that we initially scheduled for collection in the United States. When deciding whether to collect biometrics at an international field office, field office directors will consider resource constraints and appropriate supporting evidence the applicant provides, as well as the following factors:

An appointment notice showing that we scheduled biometrics collection at a domestic USCIS office;
Evidence of extenuating circumstances requiring the individual to depart the United States before we collected their biometrics as indicated in the appointment notice. For example, these circumstances might include, but are not limited to, the need to assist a critically ill family member, an unexpected immediate job transfer, or other urgent need; and
Evidence that the applicant requested an expedited or rescheduled appointment at an ASC before leaving the United States, or an explanation of why they failed to request an expedited or rescheduled appointment.
For those residing abroad: Evidence of the compelling circumstances or hardship that would prevent the applicant or petitioner from traveling back to the United States for an ASC appointment. Generally, we do not consider the expense of traveling back to the United States to be a hardship in itself.

Because of the small number of staff in our international offices, you may experience a delay in appointment availability for biometrics collection.

You can contact USCIS Ankara to determine whether you are eligible to have your biometrics captured at this office or for further information.

*Note : The available biometric services noted above only apply if you live in a country with a USCIS office.

Form I-601, Application for Waiver of Grounds of Inadmissibility, Form and Fee Information

If you are inadmissible to the United States and are otherwise approved to immigrate to the United States, you must file this form to seek a waiver of certain grounds of inadmissibility.

Except as we explain below, you must file Form I-601 with the USCIS Lockbox in the United States by mail . If you believe you have extraordinary circumstances that require expedited processing, you may submit a written request for expedited processing along with your application when you file with the Lockbox. You can find further instructions on requesting expedited processing domestically on the How to Make an Expedite Request webpage.

To file with USCIS Ankara in limited circumstances:

You must request an exception to Lockbox filing via email.

We may grant an exception to Lockbox filing and permission to file Form I-601 if:

The applicant resides in Turkey;
There are exceptional and compelling humanitarian circumstances that require immediate filing and adjudication and
Expedited processing would not address the urgency of the circumstances.

For information about the exceptions to Lockbox filing and permission to file Form I-601 at an international office, including examples of possible qualifying circumstances, please see the USCIS policy memorandum (PDF, 78.82 KB) on exceptions for international filing.

Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form and Fee Information

If you have been deported or removed, or unlawfully returned to the United States without admission after a previous removal or unlawful presence, you may file this form to obtain consent to reapply for admission to the United States.

File with the USCIS office in the United States indicated in the Form I-212 instructions.

If you need to file both Form I-212 and Form I-601, file them together at the Lockbox address specified in the Form I-601 instructions.

If USCIS Ankara decides that exceptional and compelling humanitarian circumstances warrant filing your Form I-601 with USCIS Ankara, you can also file Form I-212 with Form I-601.

If you file Form I-601 and Form I-212 together, be sure to bring the correct filing fee for each separate form.

Please see the information below to file for other immigration benefits this office does not provide.

For information on other immigration benefits, please visit uscis.gov . For your convenience, we have provided links to information on some commonly asked about services:

Obtaining a certified true copy of a naturalization certificate .
Requesting copies of documents from your Alien file (A-File) through a Freedom of Information Act (FOIA) request .
Our USCIS Contact Center has additional information available on its webpage (you must live in the United States or its territories to call for live assistance).
The USCIS Contact Center’s Reference Guide is available from anywhere around the globe. The guide provides additional information on the services USCIS provides.

For in-depth information about visas, please check the  Visa Services section of the Department of State’s website . You may also visit Mission Turkey Visa  website.

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PDF Fact Sheet
after traveling abroad. Asylum applicants must receive advance parole before leaving the United ... x Asylees: 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. A refugee ...
PDF How do I get a refugee travel document?
How long is a Refugee Travel Document valid? A Refugee Travel Document is valid for up to 1 year. I have been granted asylum or refugee status in the . United States, and I need to travel abroad. Can I file a Form I-131 for a Refugee Travel Document after I leave the United States? You should file a Form I-131 for a Refugee Travel Document . before
I have refugee or approved asylum status and I want to travel outside
You can apply for an RTD outside the U.S. However, it is strongly recommended that people with refugee and asylum status get an RTD before traveling outside the U.S. This means that an RTD is important even if you have a passport. This changes after getting a green card.
31. Asylee Status
31.7 International Travel. Asylees can travel outside the United States with refugee travel documents. ... they will have to use a Refugee Travel Document to travel abroad. It is only after an asylee becomes a U.S. citizen that he will be eligible for a U.S. passport. Asylees should also understand that until they obtain U.S. citizenship they ...
Applying for a Refugee Travel Document
A refugee travel document is basically the equivalent of a U.S. passport for asylees and refugees who need to travel outside the U.S. temporarily. (See 8 C.F.R. Part 223 .) If you are a U.S. asylee or refugee, and you want to preserve your right to stay in the U.S. after traveling temporarily abroad, you must apply for a refugee travel document ...
Follow-to-Join Refugees and Asylees
Follow-to-join asylees can still be processed at locations offering just NIV services. ... (DOS) to identify how to process Form I-730 petitions in locations abroad where there is not a U.S. government presence. In situations where the Form I-730 beneficiary has departed a country without the U.S. government presence, we ask that Form I-730 ...
EVERYTHING you need to know about refugee travel documents [2024]
The U.S. offers a refugee travel document for refugees and asylees needing to travel abroad. Serves as a substitute for a passport, allowing entry to over 145 countries. Apply by submitting Form I-131 along with supporting documents, but it's crucial to apply in advance due to processing times of up to six months.
Traveling With Your Passport When You Have Asylum
May 25, 2022. A common question for asylees (people who have been granted asylum) is whether they can travel using their home country passport. If all were right in the world, this would never be an issue. Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document, and it is best to use ...
U.S. Asylee or Refugee Travel Document
Derivative refugees and asylees who are traveling abroad; Call today for a free consultation. Applying for Asylee's travel document is a very complicated process, so the best chance of success comes from working with an experienced asylum attorney. We are highly experienced in US asylum law. We have helped people from all over the world ...
Asylum Status
Traveling Abroad as an Asylee Can asylees travel outside of the United States? If you applied for asylum status and have not yet received a decision, you should not leave the United States without first obtaining advance parole. An advance parole document allows certain individuals to return to the U.S. without a visa; however, advance parole ...
Asylum Travel
A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Generally, the asylee should obtain the refugee travel document prior to departure from the United States, although under certain circumstances refugee travel document can also be issued abroad.
Travel
Again, the answer to this question is technically, "yes.". You can travel outside of the United States while you are waiting for the government to make a decision about your request for asylum. However, most immigration experts advise against doing so unless it is absolutely necessary. This is because the authorities can question you and ...
PDF Services Available for Asylee and Refugee
Chapter 1 Filing for Asylum. OVERVIEW. Refugee status is not the only special program option available to foreign nationals who seek protection in the United States. Foreign nationals may file for asylum if they are already in the U.S. and wish to seek protection here and remain in the United States on a permanent basis.
Can U.S. Asylee Travel Abroad Without the Refugee Travel Document
Asylees and derivative asylees may not travel outside the United States unless they have been provided with the Asylee Refugee Travel Document, a passport-like blue booklet that is valid for a year. So, if you are a U.S. asylee or refugee, and you want to preserve your right to stay in the U.S. after traveling temporarily abroad, you must apply ...
Can I Leave the U.S. While My Asylum Case Is Pending?
Risks of Traveling While Awaiting an Asylum Interview. Technically, asylum applicants CAN travel outside the United States while awaiting their interview at the Asylum Office. It's usually not a good idea to do so, however. Even with a pending asylum application, the person will be subjected to questioning from Customs and Border Protection ...
Can I Leave the Country While Seeking Asylum?
This document is a temporary travel authorization for asylees returning to the United States without a visa after traveling out of the country. ... When traveling abroad even with approval and an Advance Parole Document, this does not guarantee that you can return to the United States.
Readmission of Asylees and Refugees After International Travel
Asylees and refugees are allowed to travel outside the United States without having withdrawn their current adjustment of status application, which is not considered abandoned on account of leaving the United States for brief and causal travel abroad. 3 However, they are still required to apply for and receive a refugee travel document before ...
Advance Parole
To apply for a passport, U.S. citizens can visit State Department website or call the U.S. Passport Office at 1-877-4USA-PPT or TDD/TYY: 1-888-874-7793. Foreign residents should contact their respective governments to obtain passports. Due to recent changes to U.S. immigration law, travel outside of the United States may have severe ...
Refugees
For more information about bringing your family to the United States, see our Family of Refugees and Asylees page. ... Traveling Abroad. If you have refugee status and want to travel outside the United States, you will need to obtain a Refugee Travel Document in order to return to the United States. If you do not obtain a Refugee Travel ...
Can You Travel Outside the U.S. While Your Asylum Application Is
Case Studies: Traveling Abroad During Pending Asylum Applications. Case Study 1: John's Dilemma. ... Travel can result in forfeiture of deadlines or applications. As such, try to wait until after your asylum application has been approved before making any travel arrangements. If you must travel, consult with an immigration attorney prior to ...
How asylum works in the U.S. and why there's a court backlog : NPR
The heart of the debate over the U.S.-Mexico border is illegal immigration. Yet that decades-old issue is complicated by hundreds of thousands of asylum-seekers claiming, under a process allowed ...
Follow-to-Join Refugees and Asylees
Follow-to-join asylees can still be processed at locations offering just NIV services. ... Spouse and Unmarried Minor Children Abroad Following to Join a Refugee or Asylee in the United States. ... Travel Arrangements: The beneficiary must enter the United States before the expiration date printed on the boarding foil. The officer who conducted ...
Travel Documents
Travel Documents. If you wish to return to the United States lawfully after traveling outside the United States, you generally must have a: Valid entry document, such as a Permanent Resident Card (Green Card) or nonimmigrant visa; or. Valid and unexpired travel document. The type of document you need varies depending on your immigration status ...
If you're importing a dog into the U.S., new rules apply : Shots ...
Traveling internationally with a dog — or adopting one from abroad — just got a bit more complicated. The CDC issued new rules intended to reduce the risk of importing rabies.
Turkey
Geographic Jurisdiction. USCIS Ankara has jurisdiction over U.S. immigration matters in Turkey (Türkiye). Public hours. For public inquiries related to services our office provides (see list of services below), please contact our office by email at [email protected]. Direct all other public inquiries to the USCIS Contact Center.If you are in the United States or a U.S. territory ...