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3 Derivative asylees allowed to travel to the principal's country of persecution
A large question which has faced many immigration attorneys over a number of years has been what advice to give to families of asylees who hold dependent asylee status and wish to return temporarily to the homeland of their principal's persecution. U.S.C.I.S. in the past has been mum on the subject. The main argument for allowing the families to travel is that they themselves are not necessarily the persecuted, but the family members, and their ability to travel back and forth unimpeded by the home government should not deprive them of their status which is dependent upon family connection with the principal asylee. The fear of derivative asylees wishing to travel back to their homelands has been that U.S. Customs and Border Enforcement (CBP) would intercept them at the airports or other ports of entry and place them in removal proceedings for not having a valid fear of persecution. U.S.C.I.S. released a fact sheet in January 2007 which spoke of the risks of travel for asylees, but did not address the issue of derivatives. We (along with undoubtedly others) raised this question for the American Immigration Lawyers Association (AILA) to bring to the attention of U.S.C.I.S., and U.S.C.I.S. fortunately answered the question at the Asylum Headquarters/ Non-Governmental Organization liaison meeting on March 6, 2007, in Washington D.C..
The answer provided was that the fact sheet was just a clarification of the rules and made no policy changes -- that derivative asylees are permitted to travel to the principal's country of persecution. As they were not granted asylum on their individual cases, CIS would not seek to terminate their asylum status upon such travel. However, U.S.C.I.S. noted that normal procedures would still have CBP questioning the derivative asylees when they reenter the United States.
U.S.C.I.S. headquarters further spoke on the effect of a short trip by the principal asylee to the homeland of persecution in stating that such would most likely not be considered reavailment (availing oneself again to a country's protections) by noting that reavailment is really about establishing ties and not about visiting family. However, readers should note that further questions may arise with CBP if principal asylees obtain passports or extensions of passports from the homeland of persecution prior to traveling. Also that the term "short trip" was not defined (is it two weeks or 90 days or 6 months?), nor the situation in which a businessman travels to the homeland for several short trips per year on behalf of his or her employer. Principal asylees appear have a partial but not complete answer as to their ability to travel to the homeland of persecution, and should remain cautious in planning such trips.
http://www.alanleelaw.com/english/articles/a2007-03-24.htm