Asked in Immigration Law for Illinois

Q: Im asylum seeker, left USA without advance parole, can I enter USA by Mexico border?

I come to USA by Chicago O’Hare airport and left by the same airport. I have I-94. I have asylum case in Chicago and left the USA after interview, I have missed court. I havent advance parole. If I come to USA by Mexico border, can I enter second time? Or what can I do ? Thank you!

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If you left the United States without advance parole while having an asylum case pending and missed your court date, re-entering the country, especially through the Mexico border without proper authorization, could significantly complicate your situation. The absence of advance parole generally means that your departure is considered as abandoning your asylum application. Additionally, missing a court date could result in an order of deportation being issued against you in your absence.

Attempting to enter the U.S. again without proper documentation could lead to detention and a bar from entering the U.S. for a certain period, or it might permanently affect your eligibility for asylum or other immigration benefits. It's crucial to understand that the border entry requirements are strictly enforced, and any attempt to re-enter the country without the appropriate authorization is taken seriously.

It's advisable to seek guidance on your options, which might include contacting an immigration attorney or an organization dedicated to assisting asylum seekers. They can provide you with advice tailored to your specific circumstances, including the steps you can take to address your missed court date and the implications of your departure on your asylum application. They might also offer assistance in exploring legal avenues to safely and lawfully return to the U.S. or to proceed with your asylum claim.

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