Can I leave the United States if I am in the asylum procedure? The explanation according to the experts

If you are in the United States, in asylum proceedings, and the possibility of traveling to your country of origin for a few days to spend the Christmas holidays occurs to you, carefully read the recommendation of immigration lawyers: try not to leave America. soil.

Experts consulted by Univisión point out that foreigners who are undergoing asylum proceedings, either with the immigration authorities or in an immigration court, so that a judge can decide their future in the United States, cannot leave the country.

Write down this information: If they do (leave the US), they will be punished for abandoning the case and served with a deportation order in absentia.

Avoid departure if you are in the asylum procedure in the United States

-“I want to know if I can leave the United States as a migrant without attending the first appointment for the asylum procedure.”

That is a question that is repeated among immigrants, says Univisión.

The concern is answered from Texas by lawyer Jaime Barrón: “If a person is undergoing treatment or has to attend his first asylum appointment, he cannot leave the United States unless he has the authority to apply for a travel authorization. If they do, they will lose their permanent rights because they will stop the process.”

“The first date is sacred,” the lawyers recall for Univision Noticias.

These are the two types of asylum you can apply for in the United States and who you can arrange it with

And one of them, José Guerrero, explains the process: “If you have passed the credible fear interrogations at the border and demonstrated that you have probable cause for asylum and your case is referred to an immigration judge, “yes or yes , then you must be present.” .” to the hearing on the date and time indicated in the Notice of Appearance (NTA).”

Álex Gálvez, legal expert, says: “Both those who have an asylum application pending in the Immigration Court (defensive asylum) and in the USCIS (positive asylum) cannot leave the country, let alone travel to their country of origin because destroy the asylum argument”.

The lawyer explains: If the foreigner leaves the United States without permission and returns to his or her country of origin, for example, not only does he abandon his asylum case, but so does he automatically calls into question the entire process by demonstrating that there is no credible fear of persecution”.

Withdrawal of the asylum application

In Miami, attorney José Guerrero notes: “The foreigner should not forget that if he withdraws his case and does not have other active legal means to remain in the United States, he may be denied residency and cannot seek asylum. again.”

What should you do?

He points out through Univisión that it is not advisable to simply withdraw the request, but first secure current legal immigration status, such as residencyin this case, of a marriage and then, with the residence permit in hand, withdrawing the asylum application.”

If you lose your status, “you also cannot travel because you need a special permit.” And within the asylum “you can apply for a special travel permit without this affecting the case, but you must bear in mind that you cannot go to your country of origin because then the government will consider that you have given up” and questions the “credible fear”.

This is everything you need to know before taking the asylum interview in the United States

Guerrero advises people with a defensive asylum case and an upcoming judicial appointment that “they should not leave because they are in the process of deportation from the United States, where they have the opportunity to seek asylum,” Guerrero said.

USCIS advises that travel authorization processing takes approximately 150 days (5 months).

Please note that if you leave and cannot return to the United States to attend your court hearing, failure to appear is “punishable by a deportation order in absentia.”

With information from Univision

(JO)