United States: Whether an accepted asylum claimant, who has not applied for permanent residence in the United States and has been in Canada for a period of over ten months, has the right to return to the United States
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 12 March 2002 |
| Citation / Document Symbol | USA38699.E |
| Reference | 7 |
| Cite as | Canada: Immigration and Refugee Board of Canada, United States: Whether an accepted asylum claimant, who has not applied for permanent residence in the United States and has been in Canada for a period of over ten months, has the right to return to the United States, 12 March 2002, USA38699.E, available at: https://www.refworld.org/docid/3df4bec210.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided during separate telephone interviews on 6 March 2002 and 7 March 2002 with an official of the US Embassy in Ottawa and a representative of the US Immigration and Naturalization Service (INS) respectively.
Claimants who have been accepted as asylees in the US are required to obtain a Refugee/Asylee Travel Document before travelling abroad. If an asylee leaves the country without obtaining this document, s/he forfeits his or her asylum status in the US, and may not be allowed back into the country. Claimants returning to the US who had not obtained authorization to leave the US may present themselves at a Port of Entry, and may make another asylum claim. If the Port Officer grants the claimant parole to enter the US, they must restart the asylum process. The Refugee/Asylee Travel Document is valid for a maximum of one year. If the asylee remains outside the US after the document has expired, s/he must apply at an INS office to have it extended.
Further information about the Refugee/Asylee Travel Document can be found on the INS Website, which states that while asylees should apply for the travel document before leaving the US, "in some cases, INS officials may issue travel documents to refugees or asylees who are physically outside the United States" (13 Nov. 2001). However, travel documents will not be issued to asylees abroad who are thought to have abandoned their claims or have been abroad for more than one year (ibid.).
For further information on asylees travelling outside the United States without proper documentation please refer to USA33478.E of 30 December 1999.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Embassy of the United States, Ottawa. 6 March 2002. Telephone interview with official.
United States Immigration and Naturalization Service (INS). 7 March 2002. Telephone interview with representative.
_____. 13 November 2001. "How Do I Get a Travel Document."
