What Happens to My Pending Asylum Application After Becoming a Lawful Permanent Resident (LPR)?
Does the letter I received from USCIS confirming my lawful permanent resident (LPR) status and the abandonment of my asylum application mean that my asylum case is officially closed? Additionally, will I face any issues reentering the U.S. after traveling to my home country?
Substance of the Case:
Does the letter I received from USCIS confirming my lawful permanent resident (LPR) status and the abandonment of my asylum application mean that my asylum case is officially closed? Additionally, will I face any issues reentering the U.S. after traveling to my home country?
Understanding the Letter from USCIS
The letter from USCIS confirms that while your asylum application is still technically pending, you have already been granted lawful permanent resident (LPR) status. The letter further explains that if you wish to continue with your asylum application, you must actively notify USCIS within 30 days. Otherwise, the application will be dismissed without prejudice under 8 CFR § 208.14(g).
Key Points from the Letter:
- No Response Required: If you do not respond within 30 days, USCIS will consider your asylum application abandoned and dismiss it without prejudice.
- Dismissal Without Prejudice: This means the dismissal will not affect your current LPR status and does not prevent you from reapplying for asylum in the future, should you need to.
- Impact on Dependents: If you included any dependents (spouse or children) in your I-589 application, their applications will also be dismissed.
Once the dismissal is finalized, your asylum case is considered closed, and your LPR status becomes your primary legal standing in the U.S.
Impact of Closing the Asylum Case
Travel to Your Home Country:
- Risks as a Former Asylum Applicant: Returning to your home country could raise questions about the validity of your initial asylum claim. Asylum applications are based on a well-founded fear of persecution in the home country. Traveling there might suggest that the conditions that led to your claim have changed or that the claim may not have been genuine.
- USCIS Scrutiny: While you are an LPR, travel to your home country is not prohibited. However, during subsequent reentry to the U.S., Customs and Border Protection (CBP) officers might ask about the reasons for your trip. Be prepared to explain your travel in a way that aligns with your LPR status and past asylum application.
Impact on Future Naturalization:
- Naturalization Application (Form N-400): When applying for citizenship, you will be asked about your asylum case and any travel to your home country. Consistent and truthful answers are critical to avoid issues during the naturalization process.
Will You Face Issues When Reentering the U.S.?
As an LPR, you have the legal right to reenter the U.S. after traveling abroad. However:
- Disclosure During Reentry: CBP officers may ask why you traveled to your home country, especially since you initially claimed asylum. Be honest and provide reasonable explanations for your travel (e.g., family visits or emergencies).
- Maintain Evidence: Keep documentation of your travel, such as flight itineraries, proof of LPR status, and reasons for your visit. This will help if questions arise during reentry.
Legal Foundation and Resources
- Dismissal Without Prejudice: See 8 CFR § 208.14(g) regarding abandonment of asylum applications.
- LPR Rights and Travel: The Immigration and Nationality Act (INA) governs the rights of LPRs, including international travel and reentry.
- USCIS Travel Guidance: Visit the USCIS travel resources page for LPRs.
Conclusion
If you do not respond to the USCIS letter within 30 days, your asylum application will be dismissed without prejudice, effectively closing your case. Your LPR status remains intact, and you can travel to your home country, but be mindful of potential scrutiny during reentry. Always carry your green card and any supporting documentation to ensure smooth travel and compliance with immigration laws.
This closure means you are no longer pursuing asylum, and as long as you adhere to the guidelines for LPRs, you should not face significant issues when returning to the U.S.
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Lakewood, CO 80226
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