Legal Question in Immigration Law in California
I have heard both arguments. Some said once you have became an American through the process of asylum, you can go back to your Country of Prosecution/Origin even if you previously were an asylee and that you can go back to COP as many times and as long as you want. Another side of the story is that even your former asylum status will not be noted on the passport, but the Customs and Border Protection officer at the U.S. airport on return could know this if he/she looked in his/her computer, so that's where asylum could be a problem. So which is true??
2 Answers from Attorneys
Why would you want to go back to the country that supposedly threatened your life enough that you got asylum? When asylum is granted you are not immediately made a US citizen; you merely are allowed to live in the US. I would assume you could go back to your COP as often as you want. I do not understand the second part of your question. You should contact the INS, etc.
There is not a black/white answer to this questions which is why you've heard both things. It all depends on the reason for the required trip. If it's to take a vacation, then your original asylum grant could be called into question. If it is for a critical family matter which would be impossible to handle without your presence, then a short trip could be worth the risk of possible harm to you and thus more acceptable by our government. The information of where you traveled may or may not be readily available, however, you are bound to tell the truth to a Customs and Border Protection officer or else face consequences for dishonesty - including investigation into your case and revocation of asylum status based on fraud. An asylee should only travel to your home country if it is absolutely necessary, or face the consequences.
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