Can pending asylum applicant visit out of USA

A

asylee1999

Registered Users (C)
My Aunt has an asylum application pending since 2002 before the IJ. She is about 55 year old and her brother back in COP has cancer and doctors told him that he won't survive more than a year. My aunt has a passport of her country and she want to meet her brother last time in a third country where she don't need any visa for her NP. Is there any way that she can go out of USA on her NP and come back without any problems?

This is a very complex situation and your reply will be highly appreciated.
 
asylee1999 said:
My Aunt has an asylum application pending since 2002 before the IJ. She is about 55 year old and her brother back in COP has cancer and doctors told him that he won't survive more than a year. My aunt has a passport of her country and she want to meet her brother last time in a third country where she don't need any visa for her NP. Is there any way that she can go out of USA on her NP and come back without any problems?

This is a very complex situation and your reply will be highly appreciated.
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Sorry to hear about the situation. She can leave the USA, but getting back in will be very difficult, if not impossible. Even if she can come back, her asylum application will probably be considered abandoned.

Does she have a valid US visa on her passport? Without a valid US visa, she won't be able to board a plane coming back to the USA.

If she makes it back, she can apply for asylum, and will go through the regular process at that time, but it may appear that she abandoned her previous application once. The fact that she used the passport may also count against her.

I don't believe there is any official way of having CIS approve this. But there are more knowledgeable people here than me, and I hope someone can give you better news.

Good luck.
 
asylee1999 said:
My Aunt has an asylum application pending since 2002 before the IJ. She is about 55 year old and her brother back in COP has cancer and doctors told him that he won't survive more than a year. My aunt has a passport of her country and she want to meet her brother last time in a third country where she don't need any visa for her NP. Is there any way that she can go out of USA on her NP and come back without any problems?

This is a very complex situation and your reply will be highly appreciated.
Click to expand...

These are the perils of applying for asylum. You are not allowed to go country of from where you are claiming asylum. Plus in this case, she won't be able to get back to US without a valid visa. So there is basically nothing she can do.
 
isn't advanced parole available to pending asylees to travel abroad? it looks like she doesn't plan to go to COP, but to a 3rd country.
 
pqq said:
isn't advanced parole available to pending asylees to travel abroad? it looks like she doesn't plan to go to COP, but to a 3rd country.
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I would second this. I believe that advanced parole could be used in this case since she cannot be accorded another status.
 
asylee1999 said:
My Aunt has an asylum application pending since 2002 before the IJ. She is about 55 year old and her brother back in COP has cancer and doctors told him that he won't survive more than a year. My aunt has a passport of her country and she want to meet her brother last time in a third country where she don't need any visa for her NP. Is there any way that she can go out of USA on her NP and come back without any problems?

This is a very complex situation and your reply will be highly appreciated.
Click to expand...

YOu can ask for an advance parole and if approved can travel to the country you wish if you have a visa to that country or if its not required.

AP can also be obtained from your local office in emergencies. Contact a lawyer as soon as possible, It is possible.
 
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