Asylum: Going Back to Your Home Country

Every asylum attorney gets the same question every few weeks from clients. If I am granted asylum, will I be able to return to my home country. Most asylum attorney will tell you, the answer is yes and no. When you apply for asylum, you are telling the U.S. government that you are afraid to go back to your home country for specific reasons like religion, politics, race, etc. You are asking the U.S. government to give you discretion and allow you to stay in the U.S. and live and work. It’s basically asking for permission and asking for sympathy because of what you face if sent back home. If you are lucky enough to be granted asylum by the US government, you will have to remain in the US for 1 full year before you can adjust status and obtain a green card. So the question comes to mind; after I adjust status and obtain my green card, can’t I go back to my home country? Your asylum attorney will tell you, technically, you can do what you like with your green card. However, your asylum lawyer will also tell you to understand that if you go back to your home country after claiming asylum from that country, you are telling the US government that you no longer fear going back to that country. The US government can stop you at the airport upon your return and can question you about why you went back to your home country. They will be suspicious and can even revoke your green card through an immigration proceeding. There are exceptions such as claiming that your close family members like father, son, daughter, or mother were ill and are passing away and that’s why you went back to your home country. Consult with your asylum lawyer to further understand the exceptions. What’s the best option? To wait 5 years until you obtain your citizenship. Once you obtain your citizenship, you can go where you like when you like without having to fear whether or not the US government will revoke your green card. You will be free to move about and can visit your home country when you like. Having said all of this, many people who have obtained their green cards after claiming asylum have gone back to their home country without being questions or without having their green cards revoked. However, because the law is in favor of the US government and not in favor of the green card holder visiting his/her home country, you take a major risk each time you go back. Talk to your asylum lawyer to get expert help on this confusing and complicated area of the law. Your asylum lawyer will walk you though the steps and advise you accordingly.