Travel Considerations for Asylum Applicants

Can someone who entered the U.S. on a tourist visa and then applied for asylum continue to travel using their tourist visa?

If a person enters the U.S. on a tourist visa and then applies for asylum, they should not travel outside the U.S. using their tourist visa while their asylum application is pending. Here are the reasons why:

1. Invalidation of Visa Status: Filing for asylum can change the person's immigration status. Once they apply for asylum, their status as a tourist typically ends, as they are asserting that they cannot return to their home country due to fear of persecution.

2. Impact on Asylum Claim: Leaving the U.S. after applying for asylum and trying to re-enter on a tourist visa might be viewed by immigration authorities as contradicting their claim of fearing persecution in their home country. This could adversely affect the credibility of the asylum claim and might lead to a denial.

3. Re-entry Risks: Even if the tourist visa is technically still valid, re-entering the U.S. on this visa after applying for asylum is risky. Immigration officials at the port of entry might not allow the person to re-enter if they know about the pending asylum application.

4. Loss of Asylum Application: Departing the U.S. while an asylum application is pending can be seen as abandoning the asylum claim, potentially leading to its automatic termination.

Therefore, it's crucial for individuals in such situations to consult with an immigration attorney before making any travel plans outside the U.S. during their asylum application process.