Expert warns Green Card holders with asylum status not to ‘travel back…’
Several Indian citizens holding H-1B visas and Green Cards were recently deported from the U.S., prompting public outcry.
Recently, in the United States, several Indian citizens who normally hold H-1B visas and Green Cards were deported unexpectedly from the country or were detained in another immigration-related case, forcing the people to raise their voices against the immigration policies of the Donald Trump government.
Bashu Phulara, an immigration attorney based in New York, told NepYork, “Asylum is granted because an individual demonstrates a well-founded fear of persecution in their home country.”
“When someone voluntarily returns to that country, it raises red flags with U.S. immigration authorities. Depending on the situation, the consequences can be severe—ranging from the loss of legal status to deportation.”
ALSO READ| H-1B petition filing starts: When is the deadline? Here's a quick rundown
Under the act, even returning home may be interpreted as evidence that the person no longer fears persecution by immigration authorities, such as U.S. Citizenship and Immigration Services (USCIS) and immigration judges. “If the government believes the original asylum claim is no longer valid—or worse, was fraudulent—it can initiate proceedings to terminate asylum,” Phulara warns.
Why travelling back home could endanger your status
Obtaining a Green Card after a year of asylum approval does not automatically secure one’s status indefinitely. “If USCIS determines that an asylee didn’t genuinely need protection when they received their Green Card, their permanent residency could be revoked,” Phulara explains. And traveling back to the home country is not an option.
“Traveling to the country you claimed to flee can lead USCIS to question the authenticity of your fear,” Phulara told NepYork.
The most severe consequence for asylees or Green Card holders could be removal from the United States altogether. “If the government proves the asylum claim was invalid, further relief might not be available,” Phulara cautions. “This could mean being forced to leave the country where they sought refuge.”
ALSO READ| Why are some Indian H-1B visa and Green Card holders being deported?
To mitigate these risks, Phulara advises asylees and Green Card holders who must travel to “Use a Refugee Travel Document (RTD) instead of a home country passport.”
“The best way to protect your status is to seek legal counsel and weigh your options carefully,” Phulara concluded.
