INS ISSUES MEMO ON ASYLEE AND REFUGEE TRAVEL In a memo released last fall but only recently made available, the INS discussed the requirements for international travel by asylees and refugees. Asylees and refugees are required to obtain a refugee travel document before traveling abroad to ensure their readmission to the US. Those who leave without such a document, or attempt to reenter after the document has expired, are inadmissible and may be placed in removal proceedings. They may not reassume their asylee or refugee status until they are granted a new refugee travel document abroad or at the port of entry.
If the person reenters with a valid, unexpired travel document, they must still be examined for admissibility. For asylees, the only grounds of inadmissiblity that should be examined are those that would also result in a revocation of asylum. If a refugee is found inadmissible, they will be placed in removal proceedings. They can apply for asylum during these proceedings. Asylees and refugees may also use advance parole to reenter the US.
Although refugees and asylees who depart the US without a valid travel document are not entitled to readmission, their status as an asylee or refugee clearly indicates that there are compelling circumstances to consider in evaluating their application for admission. Therefore, INS offices overseas have been instructed to issue travel documents to those who left the US without knowing the requirement, and apply for the document within one year of leaving the US. If the person fails to obtain such a document, they may seek humanitarian parole into the US. While reentering on parole terminates the person’s status as an asylee or refugee, the person is still eligible to apply for adjustment of status as a refugee or asylee.
Often, the asylee or refugee will have to return to the country where they claimed to fear persecution. While this will not automatically terminate their status, such visits will be closely examined. The legal standard for determining whether to readmit the person is that “the alien did not engage in any activities while outside the US that would be inconsistent with continued refugee or asylee status.” Therefore, the examination of this issue is very fact specific, and the reasons for the return must be closely examined. For example, a return to visit sick family members has different implications than visits to make business contacts. Any doubts in such cases should be resolved in favor of the alien.
Asylees and refugees who have filed applications for adjustment of status may leave and reenter the US without an advance parole document without abandoning the adjustment application. This is because the law under which asylees and refugees apply for adjustment, unlike the general adjustment of status provision, does not deem an adjustment application abandoned when the applicant leaves without advance parole. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
