Davis, CA asked in Immigration Law for California

Q: I am an Asylee as of March 2022. I would like to go visit my family and stay for a month or less.

I came to the U.S. on F1 visa initially. In 2022, I applied for and received asylum due to my perceived sexual orientation. However, I am finishing college soon and I really am by myself here. I miss my family so much and my family would do no harm to me because they love me immensely. However, in my home country, I can not be who I truly am, and if I open up to the public, I would put my life at risk, let alone the other possibilities of not getting employment, and not being able to marry or even date a man. I am in the U.S. by myself, and it is getting very lonely and affecting my mental health as my family has been my biggest supporter. I love the United States, and I feel like it has been my home for the past 5 years, and my reasons for claiming asylum are legit and real. However, I still want to go see my family. How can I go about this situation? Thank you very much!

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3 Lawyer Answers

A: I do not recommend traveling to the country of persecution at any time until you become a US citizen for one simple reason because any travel to the country of persecution as in the Saili or US permanent resident will render that status invalid. You may travel to another country to meet your family members, but not directly to the country of persecution.

1 user found this answer helpful

A: Not a good idea to visit a country from which you claimed persecution.

Best to visit your parents in a 3rd country.

James L. Arrasmith
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Answered

A: As an asylee, visiting your family involves considerations and potential risks. Here's a brief summary of what you can do:

Ensure your travel documents are in order, including valid passport and necessary visas.

Assess the risks of traveling back to your home country in terms of safety and potential harm.

Consult with an immigration attorney for personalized guidance based on your situation.

Explore alternative options like video calls or having your family visit you in the United States.

Prioritize your mental health by seeking support from local networks or organizations.

For specific advice, consult an immigration attorney who can provide accurate guidance.

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