Are There Risks to Traveling with a Pending Asylum Case?

You may want nothing more than to be totally protected in the United States. But something urgent may be pulling you to travel elsewhere, and you may be unsure whether it is feasible to wait for the results of your submitted asylum application. If you are currently weighing the pros and cons of this, please read on to discover the risks you may have to accept when traveling with a pending asylum case, and how a seasoned asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate around them with ease. 

How is it possible to travel outside the U.S. with a pending asylum case?

Much to your surprise, there may be an acceptable means for traveling outside the United States while your asylum case is still pending. This is through filling out and filing Form I-131, Application for Travel Documents, with the United States Citizenship and Immigration Services (USCIS). This is so you may gain something known as advance parole. 

With this form, you must also submit a copy of your passport or other government-issued ID, along with two passport-style photos taken within the last 30 days. Also, make sure to pay the correct filing fee, unless you have asked for it to be waived (i.e., Form I-912, Request for Fee Waiver). Lastly, it may help if you provide supporting evidence of your reason for travel. 

What are the risks of traveling while my asylum case is pending?

You must understand that even with successfully earning advance parole, you may still be running a risk with traveling outside the United States with a pending asylum case. This is because U.S. Customs and Border Protection (CBP) officers may use their discretion to deny your entry back into the country, based on legitimate concerns they may harbor. 

In addition, this may simply complicate your asylum application proceedings overall. That is, your travel dates may interfere with your scheduled asylum interviews or court hearings. With a failure to attend and negligence in formally informing the proper authorities, you may be subject to a denial, or in a worst-case scenario, a removal order. 

Lastly, you may unintentionally get yourself in trouble if your claimed purpose for travel contradicts with your reason for seeking asylum. For example, if you are returning to your home country for medical treatment, USCIS officials may question whether you have a genuine fear of prosecution. Again, the result may be a flatout denial or removal order. 

Before you act on anything that could potentially jeopardize your pending immigration application and current status, please consult with a competent asylum immigration lawyer in Milwaukee, WI. We at Sesini Law Group, S.C., will offer you the sound legal advice you most certainly need at this critical time.