Traveling and Moving

Written by ASAP’s expert immigration lawyers · Updated December 19, 2025

This page has information for asylum seekers about traveling, moving within the U.S., and leaving the U.S. You can also find up-to-date information about how laws are changing for asylum seekers.

Traveling

Moving within the U.S.

Leaving the U.S.

Other Topics

Can I travel within the United States while my asylum case is pending?

Asylum seekers are allowed to travel within the United States, and many asylum seekers travel by car, bus, train, and airplane without a problem. However, in 2025, the risk of arrest and detention have increased significantly. While traveling, you may encounter immigration officials or police officers. They could ask questions about your immigration status or ask for documentation. It is possible that this could result in arrest and detention, even if you have a pending asylum application and a valid work permit. 

If you have a deportation order, the risk of detention while traveling is higher – especially for travel by plane.

Documents you can carry with you if you travel: 

  • If you have a U.S. identification card such as a driver’s license, state ID, permanent resident card (green card), or work permit, take it with you. However, the government can still detain immigrants traveling with valid driver’s licenses and work permits.

  • You can also carry a copy of a Notice to Appear, Hearing Notice, Form I-94 (see examples here, here, and here), or a visa you received to come to the United States, if you have any of those documents. 

  • For travel by plane: beginning on May 7, 2025, you need an identification that meets REAL ID requirements. For example, you can use a passport from the United States or another country, a work permit card, or a REAL ID compliant driver’s license (these have a star in the upper corner of the card). You can see a full list of acceptable IDs here and answers to common questions here.

Other information: 

  • Immigration officials and local police officers have been reported to stop cars and ask for documentation. The government has set up immigration checkpoints on some highways. You can find a list of permanent checkpoints here, although this list may not be complete or up-to-date. The government also sets up temporary checkpoints in other places, especially within 100 miles of any border.

  • Sometimes immigration officials come on long-distance buses or trains and ask people for their documentation. 

  • There are immigration officials at airports, and they may stop and question you. This could result in arrest and detention, even if you have a pending asylum application and a valid work permit.

  • If you have a deportation order, the risk of detention while traveling by plane is high. The government has said that it is trying to identify air travelers who have deportation orders and send immigration agents to the airport to detain them. 

  • Read this guide from another organization to learn about other groups that may be at a higher risk of detention and about safety tips for traveling by plane.

Read about other important safety measures here.

Can I travel outside of the United States while my asylum case is pending?

2025 Update: The U.S. government has limited travel to the United States for people from several countries. See the list of countries here.

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Generally, if you want to continue to pursue your asylum case, it is best not to travel outside the United States. Arrests at airports have increased recently. There are immigration officials at airports with international flights, and they may stop and question you. This could result in arrest and detention, even if you have a pending asylum application and a valid work permit.

Travel to your country of origin: Your asylum case can be denied if you travel to your country of origin.

Travel to a country that is not your country of origin: If you need to travel to a country that is not your country of origin, you can try to apply for advance parole from the U.S. government. If you travel outside the United States without advance parole, your asylum case can be denied.

Getting advance parole can be difficult, and it does not guarantee that you will be allowed to return to the United States. If you choose to travel outside the United States with advance parole, when you try to return, you may be pulled for further questioning by immigration officials. You may wish to find a lawyer to discuss your options.

If you decide to apply for advance parole, the way to apply depends on whether your asylum case is with USCIS or immigration court. 

  • If you are applying for asylum with USCIS, you can try to apply for advance parole using Form I-131. However, the advance parole application may be denied and it can take several months or longer to receive a decision. Also, if you are from one of specific countries, USCIS has stated that they will not currently approve advance parole.

  • If you are applying for asylum in immigration court, you can try to request advance parole from ICE. However, this is even more difficult than requesting advance parole from USCIS. Also, if an immigration judge has ordered your removal or your case is on appeal, leaving the United States might be considered an act of self-deportation, and you may lose the right to continue fighting for asylum.

Can I travel outside of the United States if I win asylum?

November 2025 Update: The U.S. government has limited travel to the United States for people from some countries. See the list of countries here. Additionally, the government also said they will review past immigration approvals (including asylum and permanent residence) won by people from these 19 countries who arrived in the United States on or after January 20, 2021: Afghanistan, Burma (Myanmar), Burundi, Chad, the Republic of Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen. If your immigration approval is reversed while you are outside the United States, you may not be able to come back. Learn more here.

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Yes. However, the government could change the rules about who is allowed to re-enter the U.S. in the future. To receive specific legal advice for your situation, you may wish to find an attorney to discuss your options.

If you decide that traveling outside of the United States is right for you, you will need to prepare certain documents. The documents you need to travel depend on your current immigration status.

If you have won asylum but are not yet a U.S. permanent resident, you should apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting Form I-131 to USCIS. You can find more information on this USCIS page.

Also, please know that there are risks if you travel to your country of origin after you win asylum. If you do this, the U.S. government can end your asylum status. The U.S. government can also deny your green card (permanent residence) application because you traveled to your country of origin.

If you are a U.S. permanent resident, you can travel outside of the United States with your Permanent Resident card and a passport from your country of origin. But if you prefer not to use your passport or cannot safely get or renew a passport, you can apply for a refugee travel document to travel outside the United States. You can apply for a refugee travel document by submitting Form I-131 to USCIS. You can find more information on this USCIS page.

Again, there are risks if you travel to your country of origin. The U.S. government can end your permanent residence, and it can also negatively affect your U.S. citizenship application if you apply.

If you become a U.S. citizen, you can apply for a U.S. passport in order to travel outside the United States.

Can I move while my asylum application is pending?

Yes, you can move while your asylum application is pending. If you have ICE check-ins, ICE may tell you to get permission before moving. Read more information here.

The government says asylum seekers have to update their address with the government when they move. If you want to continue with your asylum case, you can update your address so that you can receive important documents in the mail like hearing or interview notices. 

Each immigration agency has a separate process for updating your address. This can include one or more of these immigration agencies: USCIS, immigration court, and ICE or ISAP. Please keep reading for instructions.

I moved. What should I do?

The government says asylum seekers have to update their address with the government when they move. If you want to continue with your asylum case and receive documents by mail, it is important to update your address. That way, the government will have your correct address and can send you important documents in the mail such as hearing or interview notices, or your work permit card.

Each immigration agency has a separate process for updating your address.

  • U.S. Citizenship and Immigration Services (USCIS). If you submitted an asylum, work permit, or other application to USCIS:

  • Immigration Court. If you have a case in immigration court:

  • Board of Immigration Appeals (BIA). If you appealed to the BIA after an immigration judge denied your case:

  • ICE or ISAP. If you have check-ins with ICE or ISAP:

If you are an ASAP member, you do NOT need to change your address with ASAP. The Asylum Seeker Advocacy Project (ASAP) is a nonprofit organization and is not part of the U.S. government.

How do I change my address with USCIS?

If you have an application pending with USCIS, such as a work permit application or an asylum application, there are two ways to change your address: online or by mail. It is best for each family member to update their address separately. You may also need to change your address with other immigration agencies. 

Please note: There are special considerations for some people who applied for asylum with USCIS and moved far away from their current asylum office. Find more information. 

Option 1: Online USCIS Account 

  • Go to the myUSCIS website. 

  • Log in to your existing online account or create a new account. 

  • Go to the change of address page. 

    • If you are using a phone, click “Menu” in the top right corner, click “Account actions,” then click “Change your address.” 

    • If you are using a computer, click “My Account” at the top, and then click “Change your address.” 

  • Click the blue button at the bottom of the page that says “Change my address” to start the form. 

  • Follow the instructions to complete and submit the form. 

  • You can also watch this USCIS video.

  • After a few days, confirm that USCIS has accepted your form. Go back to the change of address page. Scroll to the bottom and click “View my submissions” to check the status of your form.

  • Note: In the past, it was possible to change your address online without creating an USCIS online account. Now, USCIS is requiring an online account.  

Option 2: By Mail

How do I change my address with the immigration court?

You can change your address with the immigration court by submitting Form EOIR-33 by mail or online. Read below for more detailed instructions! If you moved far away, you may also wish to submit a Motion to Change Venue to ask your judge to move your case to an immigration court closer to you.

You may also need to change your address with other immigration agencies.

Option 1: Online

  1. Go to this immigration court website.

  2. You can change the language of the form in the top right corner, but you must enter all answers in English.

  3. Follow the instructions on the website to complete the online form. You can also watch this video.

  4. You need to complete a separate form for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need to complete the form 3 times.

  5. For “Assigned Immigration Court,” you should select the city where your current immigration court is located, not the city that you moved to.

  6. After filling out your personal information, click the button that says “CLICK TO REVIEW.” Check that all the answers are accurate. Then, type your name in the “Signature” space.

  7. In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches your current immigration court.

  8. At the bottom of the form, type your name again in the “Signature” space.

  9. Click “Submit.” This sends the form electronically to the immigration court.

  10. After submitting the form, print 2 copies. The first copy is for your own records.

  11. The second copy of Form EOIR-33 must be sent to the U.S. government attorney. You can find the address of the government attorney (OPLA) for your immigration court on this webpage. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.

    • Note: You can also submit the form online by registering on this separate government website. However, sending by mail is usually easier, because the government may take several weeks to approve your registration. After your registration is approved, you have to go back to the website and follow the instructions to send a copy of the Form EOIR-33 to the government attorney.

Option 2: By mail  

  1. Go to this immigration court website. You can click on your preferred language (if available) from the list of languages under the blue “Share” button. 

  2. Next, scroll down to where it says “EOIR-33/IC” (if listed for the language you chose) and click it to open the form. Make sure to choose Form EOIR-33/IC (which stands for “Immigration Court”) and not EOIR-33/BIA (which stands for “Board of Immigration Appeals”).

  3. On the second page of the form, there is a drop down menu that says “Select Immigration Court.” Choose the city where your current immigration court is located. This should automatically fill in the mailing address for your immigration court. 

  4. You can complete the rest of the form on the computer and print it. Or you can print it first and hand-write your answers. You should write your answers in English. You can see a copy of a Form EOIR-33/IC with instructions.

  5. You will need the government attorney’s address to fill out the last section of Form EOIR-33/IC. You can find the address of the government attorney (OPLA) for your immigration court on this webpage. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.

  6. You need to complete a separate Form EOIR-33/IC for each of the family members included in your case. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, the child must sign the form.

  7. After you have filled out and printed Form EOIR-33/IC, sign it in both required places, next to the arrows. Then make 2 extra copies. You can mail the original to your current immigration court. You can use the second page with the immigration court address as an envelope, by folding and taping the edges and placing a stamp. You can also submit it in person at the filing window in the immigration court.

  8. Keep the first copy for your own records.

  9. Send the second copy to the government attorney by mail, at the address that you wrote on the last section of the Form EOIR-33/IC.

How do I change my address with the Board of Immigration Appeals (BIA)?

You can change your address with the BIA by submitting Form EOIR-33/BIA by mail or online. Read below for more detailed instructions! You may also need to change your address with other immigration agencies.

Option 1: Online

  1. Open this online form.

  2. You can change the language of the form in the top right corner, but you must enter all answers in English.

  3. Follow the instructions on the website to complete the online form.

  4. You need to complete a separate form for each of the family members included in your case.

  5. After filling out your personal information, click the button that says “Click to Review.” Check that all the answers are accurate. Then, type your name in the “Signature” space.

  6. In the “PROOF OF SERVICE” section, make a selection in the drop down menu for the “Office of the Chief Counsel for DHS.” This is the official name for the office of the government attorney. Select the office location that matches the immigration court where you had your immigration case.

  7. At the bottom of the form, type your name again in the “Signature” space.

  8. Click “Submit.” This sends the form electronically to the BIA.

  9. After submitting the form, print 2 copies. The first copy is for your own records.

  10. The second copy of Form EOIR-33/BIA must be sent to the U.S. government attorney. You can find the address of the government attorney (OPLA) for your immigration court on this webpage. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.

    • Note: You can also submit the form online by registering on this separate government website. However, sending by mail is usually easier, because the government may take several weeks to approve your registration. After your registration is approved, you have to go back to the website and follow the instructions to send a copy of the Form EOIR-33/BIA to the government attorney.

Option 2: By mail  

  1. Go to this BIA website. You can click on your preferred language (if available) from the list of languages under the blue “Share” button. 

  2. Next, scroll down to where it says “EOIR-33/BIA” (if listed for the language you chose) and click it to open the form. You should make sure to choose Form EOIR-33/BIA (which stands for “Board of Immigration Appeals”) and not Form EOIR-33/IC (which stands for “Immigration Court”). 

  3. You can complete the form on the computer and print it. Or you can print it first and hand-write your answers. You should write your answers in English. 

  4. You need to complete a separate Form EOIR-33/BIA for each of the family members included in your case. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, the child must sign the form.

  5. You will need the government attorney’s address to fill out the last section of Form EOIR-33/BIA. You can find the address of the government attorney (OPLA) for your immigration court on this webpage. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.

  6. After you have filled out and printed Form EOIR-33/BIA, sign it in both required places, next to the arrows. Then make 2 extra copies. You can mail the original to the BIA. The second page of the form has BIA’s address. You can use this second page as an envelope, by folding and taping the edges and placing a stamp.

  7. Keep the first copy for your own records.

  8. Send the second copy to the government attorney by mail. You can use this table to look up the address for that government attorney (OPLA) for your immigration court.

How do I change my address with ICE or ISAP?

Some immigrants have check-in appointments with ICE or ISAP. If you have check-in appointments, ICE or ISAP may tell you to notify them before and after you move. 

Before you move: If you want to continue to pursue your immigration case, ICE may tell you to get permission before moving. 

  • If you have a Form I-220A, ICE says that you must get written permission from your ICE Officer before you move. 

  • If you have a Form I-220B, ICE says that you must inform your ICE Officer in writing 48 hours before you move. If you move far away, you can ask your ICE officer to update your appointment location.

  • If you do not have either of these forms, and ICE has not told you that you need to notify them about a move, then ICE says you are not required to tell them before you move.

After moving: No matter what type of form you have, ICE says that you should also update your address on ICE’s website or by phone at 1-833-383-1465 after you move. You may also need to change your address with the immigration court and other immigration agencies.

I applied for asylum with USCIS and then moved far away. What will happen next?

If you applied for asylum with USCIS, you moved far away, and there is a different asylum office closer to your new address, changing your address can be more complicated. You can check which asylum office is closest to your new address by entering your new zip code on this USCIS webpage.

If you applied for asylum more than 180 days ago, and you have not received an asylum interview notice: You should update your address following the steps above. After you update your address, USCIS may automatically change your asylum office to one closer to you.

If you applied for asylum less than 180 days ago: You may want to consider waiting to move and update your address until you have reached 180 days. If you moved far away, after you update your address, USCIS could change your asylum office and then will probably stop your “asylum clock.” This can delay when you can apply for your first work permit as an asylum seeker. If your clock has been stopped, you can try contacting your new asylum office to ask them to re-start your clock. You can find contact information for asylum offices here. Read more about the asylum clock here.

If you already received an asylum interview notice: you can go to your asylum interview and tell the asylum officer about your new address in person, instead of submitting a change of address request online or by mail. If you are not able to attend the interview, you should request to reschedule your interview as soon as possible. However, it is best to go to your asylum interview at the scheduled time. If you ask to reschedule your interview, you may have to wait a long time for a new interview.

I moved far away from my immigration court. How do I file a motion to change venue?

If you moved far away from your immigration court, you can request to change your immigration court to one that is closer to you if necessary. The way to do this is by submitting a “Motion to Change Venue” to the immigration court where you currently have a hearing scheduled. You do not need an attorney to do this: we have included detailed steps and a template below. But if you would like legal assistance, you can find help here.

First, how do I know if I should file a Motion to Change Venue?

A Motion to Change Venue is not necessary every time you move. You should only submit a Motion to Change Venue if you are not able to go to your hearings because your current immigration court is too far away, and there is a different immigration court that is closer to your new address. If you submit a Motion to Change Venue and the judge approves it, your case will be moved to an immigration court closer to your new address.

You do not have to submit a Motion to Change Venue if you moved, but your current immigration court is still the closest one to you. You also do not have to submit a Motion to Change Venue if you moved far away, but you are still able to go to your hearings and you want to keep your case at your current immigration court. However, every time you move, you still need to update your address to ensure that you receive important mail.

As of April 2023, a Motion to Change Venue no longer stops the “asylum clock.”  The asylum clock must reach 150 days after filing asylum before you can apply for a work permit.

How do I file a Motion to Change Venue?

If you want to request to move your immigration court, follow the steps below. You can see a template Motion to Change Venue with instructions here and a blank one where you can fill in the spaces here.

  1. Check the immigration court automated system to get some information. Write the answers down.

    • Where is your current immigration court?

    • Who is your immigration judge?

    • When is your next hearing?

  2. Get proof of your new address. 

    • For example, this can be a rent agreement, a utility bill, or your child’s records from their new school. The document should show your name and new address. Make a copy of this document to attach to your request.

    • If you do not have any other proof, you can ask for a letter from someone who lives with you at your new address. If the letter is not in English, you will need to include a translation into English and a certificate of translation. You also need to include a copy of this person’s ID and proof of address. You can download a blank letter that the person can fill out here. You can see a copy of a letter with instructions here (page 6 of this packet).

  3. Fill out a Form EOIR-33. This is a form that tells the immigration court that you have moved to a new address.

    • Download the Form EOIR-33. Scroll down to where it says “EOIR-33/IC” (if listed for the language you chose) and click it to open the form. Make sure to choose Form EOIR-33/IC (which stands for “Immigration Court”) and not EOIR-33/BIA (which stands for “Board of Immigration Appeals”). On the second page of the form, under “Select Immigration Court,” select the city where your current immigration court is located, not the new city that you are trying to move your case to.

    • See a copy of Form EOIR-33 with instructions here.

    • You need to complete a separate Form EOIR-33 for each of the family members included in your case. For example, if you have 2 children and they are included in your case, you would need 3 forms in total. If your child is under 14 years old, you can sign for your child. If your child is 14 years old or older, it is best for the child to sign the form.

    • You will need the government attorney’s address to fill out the last section of this form. You can find the address of the government attorney (OPLA) for your immigration court on this webpage. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.

  4. Fill out a “Motion to Change Venue.” This is a request that asks an immigration judge to move your case to the court closest to you. This document must be in English. If you choose to complete this document by handwriting, you should use black pen. 

    • Download a blank copy of a Motion to Change Venue that you can fill out. Use this version with detailed instructions as your guide.

    • In your Motion to Change Venue, you generally need to respond to your Notice to Appear (NTA). This video explains how to read your Notice to Appear.

      • (1) If you read your Notice to Appear and you agree with what is written there, you can write: “I concede the allegations in the Notice to Appear.”

      • (2) If you do NOT agree with what is written in your Notice to Appear, or you believe that immigration officials may have violated your rights when they arrested you, or you have any other doubts, it is best to talk with an attorney. You can also try to submit the Motion to Change Venue without mentioning the Notice to Appear. Some judges will still grant a Motion to Change Venue without this information. If the judge denies your Motion to Change Venue, you may want to speak with an attorney before trying again.

      • (3) If you do not have a copy of your Notice to Appear, you can write: “I do not understand the allegations in my Notice to Appear because I do not have a copy of this document and I do not have an attorney.” Some judges will still grant a Motion to Change Venue in this situation. If the judge denies your Motion to Change Venue, you can try to get a copy of your Notice to Appear and submit again.

    • To fill out the Proof of Service, which is on the last page, you will need the government attorney’s address. The Proof of Service shows that you provided a copy to the government attorney. You can find the address of the government attorney (OPLA) for your immigration court on this webpage. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.

  5. Put the completed documents together in this order:

    • Form EOIR-33. You need to complete a separate form for yourself and each person included in your case.

    • Motion to Change Venue cover page and explanation of why you need to change your immigration court.

    • Proof of your new address.

    • Proposed order of the immigration judge.

    • Proof of service.

  6. Review the package.

    • Read through all the pages to make sure everything is accurate.

    • Make sure that you wrote your correct name, A Number, old address, and new address.

    • Make sure you have signed and put in the date on: (1) Form EOIR-33, (2) the Motion to Change Venue, and (3) the Proof of Service.

  7. Make 2 copies of the package. You should have 1 original and 2 copies.

    • The original should be mailed to your current immigration court. You can find the immigration court’s address here.

    • The first copy should be mailed to the government attorney. You can find the address of the government attorney (OPLA) for your immigration court on this webpage. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.

    • The second copy should be kept in a safe place for your records.

    • You can find tips on mailing your documents here or you can watch this video.

  8. Wait for the immigration judge’s decision. The immigration judge’s decision will be mailed to your new address. Check your mail and the immigration court system regularly.

    • Sometimes judges can take a long time to decide on a Motion to Change Venue. If you have been waiting for a long time, or if your scheduled hearing date is coming up, you can try calling the court for an update on your case. You can find immigration court phone numbers here. Please note that sometimes it is very hard to get somebody on the phone. You should keep trying.

    • If you do not get a decision in time, you should go to your scheduled hearing. If you do not go to your hearing, you will likely receive a deportation order for missing your hearing. (If you do miss your hearing, do not give up! Read about steps you can take.)

  9. Each immigration agency has a separate process for updating your address. If you also have an application pending with the United States Citizenship and Immigration Services (USCIS) or check-ins with Immigration and Customs Enforcement (ICE), you can find instructions for updating your address with those agencies here.

If my case is not in the immigration court system yet, can I still update my address with the immigration court?

You can try, although it does not always work. If you think you have a case in immigration court, but your case does not appear when you try to check the automated court system, you can still try to update your address using Form EOIR-33 online or by mail.

To confirm which immigration court to send the Form EOIR-33 to, you can check to see if you have a document called a “Notice to Appear.” Some of these documents have the date and place you will appear for your first immigration court hearing, but not all documents have this information.

Unfortunately, even if you send in your Form EOIR-33, there is still a chance that the immigration court will send important documents to your old address. So it is very important to check the court system every week to find out when your first immigration court hearing is scheduled. If you want to pursue your asylum case, it is very important that you attend your immigration court hearings! If you miss any hearing, you will likely receive a deportation order.

If you want to submit your asylum application, you can submit it to USCIS instead. In general, you must submit an asylum application within one year of arriving in the United States.

I want to leave the United States and no longer seek asylum. What should I know?

You have the right to leave the United States at any time, if you choose to. For many people, it may be difficult to return legally to the U.S. in the future after leaving. If you are considering leaving the U.S., it could be helpful to talk to an immigration lawyer to understand how departing could affect your ability to return to the U.S. in the future. 

Here are some things to be aware of if you are an asylum seeker preparing to leave the United States.

CBP Home App: 

  • Some people can use a U.S. government mobile phone app called “CBP Home” to leave the United States. The government calls this “self-deportation.” 

  • If you are eligible to use CBP Home, you may be able to get help with the cost of a plane ticket, and receive $1,000 from the U.S. government once you have left.

  • However, not all immigrants are eligible to use CBP Home. And you can also leave the United States without using the CBP Home app. 

  • If you use CBP Home, it could make it easier to leave the U.S. at an airport without being detained.

  • However, using CBP Home does not mean that your asylum case is automatically closed, and using CBP Home will most likely not make it easier to re-enter the U.S. in the future.

  • Read this guide from another organization about CBP Home. 

Steps with immigration court or USCIS: 

  • If you may want to return to the U.S. in the future, you can consider taking steps to avoid receiving a deportation order, such as asking for voluntary departure in immigration court or withdrawing your asylum application. Learn more below.

  • Based on the information ASAP has now, asylum seekers who want to avoid a deportation order would need to take these steps themselves, even if they use the CBP Home App. The government has said that if you have an open immigration court case and you use the CBP Home app to leave the U.S., they will file a motion with the immigration court to dismiss your case. However, we have not heard any reports of this actually happening in practice.

  • If you receive a deportation order, you generally must wait at least 10 years before you can apply to return legally to the U.S. Other circumstances can also make it difficult to return to the U.S. in the future. This depends a lot on your specific situation. 

Passports: 

  • You may be required to present an unexpired passport when you leave the United States – especially if you are leaving by airplane. 

  • If ICE has your passport and you want it back, you can tell them you plan to leave and request that they return your passport. If you are using the CBP Home app, you can try showing ICE that you have registered with the app. 

  • If you do not have a valid passport, you can contact the consulate of your country of origin and ask about your options, if you feel safe doing so. The U.S. government has also said that it may assist people without a passport to get travel documents to leave the U.S. voluntarily if they use the CBP Home app, but we do not yet know how this option works. 

  • If your children are U.S. citizens, it may be a good idea to request their U.S. passports even if you do not plan for them to depart the United States with you at this time.

Other important documents: 

  • In addition to your passport, it is a good idea to gather other important documents and account information to bring with you when you leave. You could also leave a copy with a person you trust in the United States. 

  • Examples of important documents include birth certificates, Social Security cards, work permits, driver’s licenses, insurance cards, marriage or divorce documents, documents showing guardianship or custody of children, bank account information, retirement account information, tax returns, medical and vaccine records, school transcripts, insurance policies, wills, vehicle titles, immigration case documents, and property documents such as leases or deeds. 

Making plans for family and finances: 

  • If you have children who will remain in the United States, you may face complicated decisions about planning for their care. 

  • If you have bank accounts, property, or other accounts in the United States, you may also have decisions to make about them. 

  • You might want to make a Power of Attorney, which is a legal document that lets a trusted person make decisions for you in your absence about your child’s care or your finances still in the U.S.

  • You can find more in-depth information (including information on powers of attorney) in this family preparedness guide or this deportation preparation manual. For state-specific information about power of attorneys for the care of your minor children, you can read this government resource.

Can I return to the U.S. in the future after I leave the U.S.?

For some people, it can be difficult to legally return to the U.S. in the future. The answer depends on your specific situation. But there may be things you can do before leaving to improve your chances of being able to legally return in the future. 

If you have a pending asylum application: 

  • If you have applied for asylum and are now leaving the U.S., you may want to consider withdrawing your asylum application. 

  • If you leave the U.S. but still have an asylum application pending, and then you do not attend a future interview or hearing in your asylum case, the government could order your deportation. If you are deported, you generally must wait at least 10 years before you can apply to return legally to the U.S. 

  • If you return to your country of origin without withdrawing your asylum application and explaining why it is now safe for you to return to that country, the U.S. government could also determine that your asylum application was fraudulent. That would make it very difficult to ever return to the U.S. 

  • Learn more about withdrawing your asylum application.

If you have an open immigration court case: 

  • If you have a case in immigration court and now plan to leave the U.S, you may want to consider requesting “voluntary departure.” 

  • If you leave the U.S. while you have an open immigration court case, an immigration judge may order you deported in your absence at your next court hearing. If you are deported, you generally must wait at least 10 years before you can apply to return legally to the U.S. 

  • If you request “voluntary departure,” and if an immigration judge approves your request, and if you leave the U.S. by the date the judge sets, the same 10-year waiting period does not apply. 

  • However, even with “voluntary departure,” it may still be difficult to legally return to the U.S. in the future, depending on your situation. For example, it could be difficult to return if you have a criminal conviction, if the government believes that you provided false information on an immigration application, or if you lived in the U.S. as an adult for longer than 6 months without a legal status or pending asylum application. In some cases, it may be possible to get a “waiver” to return, but this can be very difficult and expensive. 

  • Based on the information ASAP has now, asylum seekers who want to avoid a deportation order would need to take steps themselves, even if they use the CBP Home App. The government has said that if you have an open immigration court case and you use the CBP Home app to leave the U.S., they will file a motion with the immigration court to dismiss your case. However, we have not heard any reports of this actually happening in practice.

  • Learn more about voluntary departure. You may want to talk about your options with a lawyer.

If you do NOT have an open immigration court case: 

  • If you do NOT have a case in immigration court and you want to leave the United States, whether you can legally return in the future depends on your specific circumstances. 

  • For example, it could be difficult to return if you have a criminal conviction, if the government believes that you provided false information on an immigration application, or if you lived in the U.S. as an adult for longer than 6 months without a legal status or pending asylum application. In some cases, it may be possible to get a “waiver” to return, but this can be very difficult and expensive. 

  • You may want to discuss your options with a lawyer.

The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.

All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.

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