After working so hard to gain entry in the United States, timing may not be on your side, and a pressing personal matter may be demanding that you leave at once. With this, you may struggle between whether your opportunity to obtain asylum status or the necessity to address this issue takes priority. Well, if this is your current predicament, please continue reading to learn whether you are permitted to travel while your asylum case is still pending, and how an experienced Baltimore County, Maryland, asylum lawyer at Sheri Hoidra Law Office, LLC, can help you maintain your protected status here.
Can I travel outside the U.S. while my asylum case is still pending?
As a general rule of thumb, we advise against traveling outside the United States with an asylum case that is still pending. This is because the United States Citizenship and Immigration Services (USCIS) tends to assume that this is an abandonment of one’s application. In other words, they may conclude that you are no longer pursuing asylum and dismiss your petition outright.
The only exception to this may be if you obtain special permission from the USCIS first, through what is known as advance parole. This is essentially a travel document that permits you to leave temporarily without sacrificing your application. For this, you must file Form I-131, Application for Travel Documents, with the USCIS, and most importantly, wait to get word of approval before scheduling any travel arrangements.
Am I able to travel within the U.S. with a pending asylum case?
Say the personal matter you possibly need to travel for is within the borders of the United States. Well, you may be relieved to learn that you may do so freely during your pending asylum case without special permission. However, you must not let your guard completely down, and you must remember that issues can arise if you cannot verify your legal status.
For this reason, we recommend that you carry identification (i.e., a valid passport) and documentation of your pending case on your person at all times during your domestic travels. It may also be beneficial to record the reasons for your travel. Not only does this demonstrate your lawful presence, but it also confirms your intent to continue with your asylum application.
Before you act on anything that could potentially jeopardize your pending immigration application and current status, please consult with a skilled Baltimore County, Maryland immigration lawyer. We at Sheri Hoidra Law Office, LLC will offer you the sound legal advice you most certainly need at this critical time.