You have the right to leave the United States, if you choose to. For many asylum seekers who leave the U.S., it may be difficult to return legally in the future. If you are considering leaving the U.S., it could be helpful to talk to an immigration lawyer first.

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

CBP Home App: 

• Some people can use a U.S. government phone app called CBP Home to leave the United States. You can also leave the United States without using CBP Home. 

• Registering your intent to leave with CBP Home may help you to avoid arrest and detention while you are preparing to leave, and when leaving. 

• Some people may also be able to get help paying for a one-way plane ticket to leave the U.S. and receive a payment after leaving. 

• Only people with no criminal history can use CBP Home.  Learn more about CBP Home here.

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. A deportation order makes it much more difficult to ever return to the U.S.

• Asylum seekers who want to avoid a deportation order likely 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 seen reports of this actually happening in practice. 

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 now, 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.

• You can find resources for people who are facing deportation or have already been deported to El Salvador, Guatemala, Honduras, or Mexico.

Leaving the U.S. from immigration detention:

• If you are in immigration detention and want to leave the United States, ICE may pressure you to accept deportation or voluntary departure.

• If you were harmed by the U.S. government: 

• If you were ever harmed by the U.S. government, it is possible to sue using a law called the Federal Tort Claims Act (FTCA). You can file a claim against a U.S. government agency even if you are living outside of the United States. Learn more about filing a claim under the FTCA.