Can I Lose My Pending Asylum By Leaving Without Advance Parole?

(UNITED STATES) People with a pending asylum case often feel torn between urgent family needs abroad and the fear of losing everything they’ve built in the United States. If you filed Form I-589 (Application for Asylum and for Withholding of Removal) and you’re thinking about travel, the rule is very strict: leaving the country without Advance Parole can destroy your case.

This guide explains when you need Advance Parole, how to request it, why travel is so risky for asylum seekers, and what to do if you already left the United States.

Why leaving without Advance Parole is so dangerous

Under 8 CFR § 1208.8(a), an asylum applicant who leaves the United States without first getting Advance Parole is presumed to have abandoned their asylum application. In plain terms, if you travel outside the country while your I-589 is pending and you don’t have Advance Parole, U.S. Citizenship and Immigration Services (USCIS) or an immigration judge can treat your case as if you gave up.

That can lead to:

• Denial of your asylum application
• Problems returning to the United States
• Serious risk of being placed in removal (deportation) proceedings if you try to come back

According to analysis by VisaVerge.com, many applicants don’t realize that this rule applies even for very short trips and even for emergencies, unless USCIS has already approved their Advance Parole document.

Important: Even emergencies do not automatically exempt you from the abandonment presumption. You must have USCIS-approved Advance Parole before you leave.

Who must get Advance Parole before travel

You almost always need Advance Parole if:

• You filed Form I-589 and your asylum case is still pending with USCIS or in immigration court.
• You want to travel outside the United States for any reason, including:
  • Visiting sick family members
  • Attending funerals or weddings
  • Work-related trips
  • Personal emergencies

There are no automatic exceptions in the rule for emergencies. The presumption of abandonment applies simply because you left without Advance Parole.

USCIS explains the asylum process and related rules on its Asylum page, which is an important reference for anyone with a pending I-589.

Step-by-step: How to request Advance Parole

To request Advance Parole while your asylum case is pending, you must file Form I-131 (Application for Travel Document) with USCIS.

1. Download the current form
   • Get Form I-131 from the official USCIS page: Form I-131, Application for Travel Document.
2. Complete the form carefully
   • Answer all questions truthfully.
   • Clearly explain that you are an asylum applicant with a pending Form I-589.
   • Describe the reason for your trip (for example, medical emergency, family crisis, or other urgent need).
3. Attach supporting documents
   • Copy of your I-589 receipt notice, if available
   • Copy of any government-issued ID (passport, national ID, or other document)
   • Evidence of the reason for travel (for example, medical records, death certificate, or letter from a doctor)
4. Check current filing instructions
   • USCIS mailing addresses, fees, and filing options can change. Always follow the instructions listed with the form on the USCIS website when you prepare your packet.
5. Wait for approval before traveling
   • Do not leave the United States until you receive the physical Advance Parole document.
   • If you depart before approval, your asylum case will be presumed abandoned under 8 CFR § 1208.8(a).

Documents you’ll commonly need

When filing Form I-131 for Advance Parole as an asylum applicant, you will usually gather:

• Form I-131 fully completed and signed
• Copy of your Form I-589 receipt (or other proof that your asylum is pending)
• Two passport-style photos, if required under the current USCIS instructions
• Copies of any U.S. government documents you’ve received (such as your asylum interview notice)
• Evidence supporting the need to travel (letters, records, or other proof)

For easy reference, USCIS provides Form I-589 here: Form I-589, Application for Asylum and for Withholding of Removal.

You can also use this table to summarize the common items:

Travel to your country of persecution is especially risky

The rules are even stricter if you travel back to the country where you say you were harmed or fear harm.

The regulation allows the government to presume that you abandoned your asylum claim if you travel to the very country where you claimed persecution, even if you used Advance Parole to leave and come back. The logic is that if you were able to return there safely, maybe your fear is no longer real or the danger has changed.

If you absolutely must travel to your home country:

• Expect tough questions from USCIS or an immigration judge
• Be ready to show strong evidence explaining why the trip was necessary and how you stayed safe
• Understand that your asylum credibility may be seriously damaged

Because of this, many experienced lawyers advise asylum applicants to avoid travel to their country of persecution entirely while their case is pending.

Different rules after asylum or refugee status is granted

The rule about abandoning your application by travel without Advance Parole applies to people with pending asylum cases.

If you have already been granted asylum or admitted as a refugee, different documents apply:

• Asylees and refugees may be able to travel with a Refugee Travel Document, also requested on Form I-131.
• Their adjustment of status applications (for example, applying for a green card) are not automatically considered abandoned just because they travel.

Still, asylees and refugees must be extremely careful about travel to their country of persecution. Such travel can raise serious questions later, including during green card or citizenship applications.

Common mistakes that put your case at risk

Asylum applicants often make errors that have life-changing effects. The most serious include:

• Leaving the United States without approved Advance Parole
• Assuming a short trip “doesn’t count”
• Trusting verbal advice from friends or notarios instead of checking actual rules
• Traveling back to the country of persecution and then struggling to explain it later
• Filing Form I-131 but leaving before USCIS approves it

Any of these can lead to a finding that you abandoned your asylum case under 8 CFR § 1208.8(a).

What if you already left without Advance Parole?

If you already traveled outside the United States while your I-589 was pending and you did not have Advance Parole:

• Your case will likely be treated as abandoned.
• Returning to the United States may be very difficult or impossible, depending on your other immigration status and visa options.

The source material makes clear that in rare situations you might try to explain your departure and ask that your application not be considered abandoned, but this is not guaranteed. Because the rule is so strict, anyone in this situation should speak with an experienced immigration attorney immediately to review options.

Practical next steps for asylum applicants considering travel

If you have a pending asylum case based on Form I-589 and you’re thinking about international travel:

1. Ask yourself if the trip is truly necessary. If it can wait, staying in the United States is usually safer for your case.
2. If travel is necessary, file Form I-131 for Advance Parole and wait for approval before buying tickets or making plans.
3. Avoid travel to your country of persecution unless there is absolutely no alternative and you understand the possible damage to your asylum claim.
4. Keep copies of all forms, receipts, and notices related to both your I-589 and your I-131.
5. Consult a qualified immigration lawyer before taking any steps that could affect your asylum status.

Key takeaway: The law treats departure without Advance Parole as a strong sign that you gave up your claim. Taking time to file the right forms and get proper legal advice can protect the asylum case you’ve worked so hard to build.