Asylee LPR Travel

[eljay]

I am not talking about traveling to COP after one year of adjustment of status.
I understand your argument.
I am talking about getting passport and travelling to cop after about 2 or 3 years after getting Green Card.

And also, Asylee is a person who does not have permanent place place to live without fear. But getting Legal permanent residency means he got a permanent place to live without fear. LPR is an immigrant. So he is not eligible to keep asylum status any more and no need any protection.

And the person who travelling to COP is not an asylee , He is a Legal permanent resident. Because he already adjusted his status.

(Just for discussion)

[windywd]

I am not talking about traveling to COP after one year of adjustment of status.
I understand your argument.
I am talking about getting passport and travelling to cop after about 2 or 3 years after getting Green Card.

And also, Asylee is a person who does not have permanent place place to live without fear. But getting Legal permanent residency means he got a permanent place to live without fear. LPR is an immigrant. So he is not eligible to keep asylum status any more and no need any protection.

And the person who travelling to COP is not an asylee , He is a Legal permanent resident. Because he already adjusted his status.

(Just for discussion)

I don't think in your situation there is an issue. Get enough documentation and you should be fine.

From the background of cases I know so far, in everyone of those cases those LPRs did seem to have "abused the system".

So far, USCIS routinely grant AOS to asylee without looking at the changed conditions, although INA does say that they may do so only if asylee still to be an asylee. They appear very reasonable and I have no doubt they will not have an issue for LPRs travel for emergency.

[eljay]

Thank you.

[varayoc]

Why not wait another year(4 years) become US citizen and then go back to COP with peace of mind?

[windywd]

Dude,

If my parents (or grandparents) are dying and this would be my last chance to see them, I will pack up and go without hesitation.

Luckily, all of the 6 people I have are live and kicking, and in good health.

[raevsky]

I would call ABLPR (asylum based LPR) an asylee who got LPR based on asylum, or a refugee who got LPR based on refugee status. I do not see any single reference that going to country of persecution or using national passport by ABLPR would violate or jeopardize gree card.

Istead, all references you show, when they talk about jeopardizing LPR status, refer only to a single situation. When your pattern of going to the country of persecution show that you originally lied on your asylum application or on your refugee application. Of course, if you lied, you are deportable, no questions about that.

For instance, if you mentioned on an asylum application you could not get a decent job or education because of your political opinion, and got asylum based on that, your trip as a tourist would not mean anything bad.

But if you claimed the Prezident of the country of persecution was chasing you threatening to kill you, and the guy is still in power by the time of your travel, that would mean you could have lied on asylum application

[raevsky]

Another story is refugee or asylee, who is not an LPR.

The definition of refugee/asylee by UN is the following:

As a result of events occurring before I January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

According to this definition, US has to stop considering such a person as refugee/asylee (if the person uses protection of the country of persecution, or if the person is willing to return there).

When a person becomes LPR, he or she is no longer a refugee, and all this staff becomes irrelevant. The only problem with ABLPR because of travel could happen if he or she lied on asylum/refugee application, and that was not known before, but was indicated by his travel.

That is it.

[windywd]

Incorrect.

Someone here posted USCIS Operating Manual as of November 2007. (Good job, as I do not have to download and upload):

http://forums.immigration.com/showth...=250055&page=3

On page 143 last paragraph:

Termination proceedings can only be initiated after an Asylum Approval has been issued, and
may be initiated even if the individual has adjusted to LPR status. The Asylum Office does
not have jurisdiction to terminate asylum granted by EOIR. If the Asylum Office receives a
request to take action to terminate asylum that was granted by EOIR, the Asylum Office
refers the requester to USCIS Area Counsel or the ICE Office of the Principal Legal Advisor
(OPLA).
When USCIS initiates termination proceedings, it may do so by initiating and conducting
termination proceedings at the Asylum Office pursuant to guidance in this manual, or USCIS
may elect to issue an NTA concurrently with a Notice of Intent to Terminate Asylum Status
by EOIR (Appendix 43) to vest the Immigration Court with jurisdiction over the termination
proceedings. See 8 C.F.R. 208.24(f).
The Asylum Office that handles issues related to the termination of asylum status, including
conducting termination proceedings, if any, is the Asylum Office with jurisdiction over the
asylee’s place of residence (or, if detained, place of detention). The Asylum Office that
conducts termination proceedings may update the REVO screen regardless of whether that
office issued the asylum grant.

[raevsky]

All that is said here is about previous travel, when the person was already an asylee/refugee, but was not a LPR yet. If he or she was still allowed into US after travel as a refugee/asylee, his asylee/refugee status could be removed retroactively by the date of his travel, even if he is already an LPR by the time his previous travel was noticed by the authorities

[windywd]

Incorrect.

That is NOT what they said.

Asylum status may be terminated for specific reasons as listed in INA § 208(c)(2). An individual’s underlying asylum status may be terminated even if the individual has already become a lawful permanent resident.

Accordingly, an asylee or a lawful permanent resident who obtained such status based on a grant of asylum status may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum status.


This is really plain English.

[tributeblinky]

all of this is very circumstantial and differs from one case to another. returning to the country of persecution is not an immediate grounds for asylum termination.

example: a homosexual who come from an islamic country who has obtained asylum in the us, is not in an immediate danger if there has been no past persecution and no records on him/her in the country of claimed persecution. the matter of mogharabbi states : establish that the persecutors were aware OR could become aware of the individual's sexual orientation. so even though there has been no past persecution, because it is possible that at some point in the future they could become aware of applican't homosexuality, they applicant is eligible for asylum.

hence, a gay asylee with no past persecution, might still be able to travel to COP without jeopardizing his status, as his/her homosexuality might not immediately raise the alert of his government, just that, he/she can not live in fear for the rest of his/her life in COP and wait for a day that the government become aware of his/her sexual orientation.

regarding ASLPR travel to the COP, it does not matter if u do it straight after or in 10 years, as long as you can prove that your application is not fraudulent, you will be fine. this means change of conditions, no past persecution and immediate threat (above example) or extenuating circumstances (emergencies, etc). and btw people, becoming a USC does not automatically immune u from losing ur immigration status. even when u become a USC, the us government has the right to revoke ur citizenship if there was any fraud in ur immigration application, from the start of the line to its finish (citizenship as we know it).

[windywd]

all of this is very circumstantial and differs from one case to another. returning to the country of persecution is not an immediate grounds for asylum termination.

example: a homosexual who come from an islamic country who has obtained asylum in the us, is not in an immediate danger if there has been no past persecution and no records on him/her in the country of claimed persecution. the matter of mogharabbi states : establish that the persecutors were aware OR could become aware of the individual's sexual orientation. so even though there has been no past persecution, because it is possible that at some point in the future they could become aware of applican't homosexuality, they applicant is eligible for asylum.

hence, a gay asylee with no past persecution, might still be able to travel to COP without jeopardizing his status, as his/her homosexuality might not immediately raise the alert of his government, just that, he/she can not live in fear for the rest of his/her life in COP and wait for a day that the government become aware of his/her sexual orientation.

regarding ASLPR travel to the COP, it does not matter if u do it straight after or in 10 years, as long as you can prove that your application is not fraudulent, you will be fine. this means change of conditions, no past persecution and immediate threat (above example) or extenuating circumstances (emergencies, etc). and btw people, becoming a USC does not automatically immune u from losing ur immigration status. even when u become a USC, the us government has the right to revoke ur citizenship if there was any fraud in ur immigration application, from the start of the line to its finish (citizenship as we know it).

Agree, except for asylee the "re-avail" term is still an issue. This is clearly stated so in INA, by the way.

[tributeblinky]

i am not saying it is not re-availing, it is just the level of severity of the case that is arguable!

[raevsky]

Asylum status may be terminated for specific reasons as listed in INA § 208(c)(2). An individual’s underlying asylum status may be terminated even if the individual has already become a lawful permanent resident

Exactly. For instance, from January 1st to January 20th you traveled to your COP as an asylee with a national passport. Somehow you got into the US by mistake, and in June got an LPR status. During naturalization proceedings, 5 years later, that became known to an officer. Your underlying asylum status will be termnated retroactively as of January 1st, and you adjustment of status will be unadjudicated.

[raevsky]

regarding ASLPR travel to the COP, it does not matter if u do it straight after or in 10 years, as long as you can prove that your application is not fraudulent, you will be fine.

That is incorrect. Even if you got an asylum status without fraud, but later because of medical reasons lost the feeling of fear (being on a drug), and travel to your COP on your national passport issued by COP, you will lose your asylum status, no matter what. Even if that is discovered after you become LPR, and even if no fraud was involved. That is very much different if you got LPR status already by the time of travel.

this means change of conditions, no past persecution and immediate threat (above example) or extenuating circumstances (emergencies, etc). and btw people, becoming a USC does not automatically immune u from losing ur immigration status. even when u become a USC, the us government has the right to revoke ur citizenship if there was any fraud in ur immigration application, from the start of the line to its finish (citizenship as we know it).

However, if there was no fraud involved in the process, LPR or USC could travel to COP without any risk (other than the risk of not being able to prove there was no fraud before)

[tributeblinky]

That is incorrect. Even if you got an asylum status without fraud, but later because of medical reasons lost the feeling of fear (being on a drug), and travel to your COP on your national passport issued by COP, you will lose your asylum status, no matter what. Even if that is discovered after you become LPR, and even if no fraud was involved. That is very much different if you got LPR status already by the time of travel.

did u even read what i posted? i mentioned any CHANGES. that is part of the proving no fraud was involved. plus, i'm sorry, ur argument is very weak! lose the fear of persecution by taking drugs? what? persecution is a serious issue. it can involve life and death. it won't just go away! persecution is still there, no matter if u take drugs to "calm the fear" or not. this is unless u LIED which means ur application is fraudulent or circumstances have CHANGED or extenuating circumstances exist. all of this is just grounds for the arguments to defend one's case if ur asylum status is being questioned (before or after AOS). and no, it does not matter of ur and LPR or not at the time of ur travel, u will still be questioned. USCIS sees the asylum status as a bridge before LPR status for asylees. even during ur permanent residency, if u do anything that can question ur asylum status, u will lose ur asylum status and thus the PR status.

However, if there was no fraud involved in the process, LPR or USC could travel to COP without any risk (other than the risk of not being able to prove there was no fraud before)

ermm, sure?!! as i mentioned, IF there was fraudulent at any point during ur path to citizenship, it MIGHT jeopardize ur immigration benefits (asylum, LPR, USC). other than that, u r fine!

[raevsky]

Of course you will be questioned. Just to make sure you had not lied on asylum application. That is the point!

And asylum is not necessarily a matter of life and death. If you are discriminated and you are not admiited to a good university because of political opinion e t.c. or are not employer by a good employer because of the same reason, that could still be a very good reason for asylum. Even though nothing threatens to your life or health.

ermm, sure?!! as i mentioned, IF there was fraudulent at any point during ur path to citizenship, it MIGHT jeopardize ur immigration benefits (asylum, LPR, USC). other than that, u r fine!

I do not argue with that. I am just saying if no fraud is involved and you have a very good proof of that, you have nothing to worry about if you are LPR. But you could still lose your asylum status if you are not an LPR yet.

[wii]

A drug to suppress fear, brilliant.

[gandrud]

This is a great information for all those asking if we can travel using GC+NP!

I think we all are talking about ninsence.

We were Asylles. Then we applied for adjustment of status by using form I-485,
The purpose of this form is "To apply to adjust your status to that of a permanent resident of the United States"

That is like H1-B to LPR, Refugee to LPR, B-1 to LPR, Student to LPR etc.
In our case Asylee to LPR.

After approval of of this form we are no longer in prvious status.

That is,
If we adjust student visa to LPR we are no longer student.
If H1-B to LPR then they are no longer H1-B temporary worker.

Like that we are no longer asylee, We are Legal Permanant Residents.

(When we transfered from B-1 or B-2 or F-1 or H1-B to Asylee status we were no longer in that status. We were in asylee status our entry date is the date entered in to asylum status.)

Forget about the previous asylee mentality. We are no longer asylees. We are permanent residents.

As a permanent resident, we have some rights.
This is the description given by USCIS.

" Now that you have become a Permanent Resident of the United States we would like to welcome and congratulate you on your accomplishment. Some of you came to the United States as immigrants through a relative or through an employer. Some of you came as refugees or were given asylum status. And some of you came through other programs, like the Diversity Visa Lottery. But now that you are Permanent Residents you all share the same status. You have certain rights and certain responsibilities as Permanent Residents."

Rights
•To live permanently in the United States provided you do not commit any actions that would make you removable (deportable) under the immigration law (section 237, Immigration and Nationality Act).
•To be employed in the United States at any legal work of your qualification and choosing.
•To be protected by all of the laws of the United States, your state of residence and local jurisdictions.
International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration."

Traveling to the home country will create a problem. Because some one can say that our asylum claim is not through. If they can prove that USCIS might remove our LPR status too. But changing country circumstances after we became a permanent resident might be not a problem. Becouse our claim is not a froude.

And the same time extending our passport after becomming a Permanent Resident, is not be a problem. But it might be cause to remove the under laying asylum status if it is still hanging behind. Because as a permanent resident we no longer required asylee status.

I dont see any judgement or documentatun that says " removing this under laying asylee status will automatically remove Permanent residency"

If they (USCIS) wants to do that they may terminate under laying asylum status.

I am not an legal expert this is just my idea. May be I am not correct.

[gandrud]

This is a great information for all those asking if we can travel using GC+NP!

I think we all are talking about ninsence.

We were Asylles. Then we applied for adjustment of status by using form I-485,
The purpose of this form is "To apply to adjust your status to that of a permanent resident of the United States"

That is like H1-B to LPR, Refugee to LPR, B-1 to LPR, Student to LPR etc.
In our case Asylee to LPR.

After approval of of this form we are no longer in prvious status.

That is,
If we adjust student visa to LPR we are no longer student.
If H1-B to LPR then they are no longer H1-B temporary worker.

Like that we are no longer asylee, We are Legal Permanant Residents.

(When we transfered from B-1 or B-2 or F-1 or H1-B to Asylee status we were no longer in that status. We were in asylee status our entry date is the date entered in to asylum status.)

Forget about the previous asylee mentality. We are no longer asylees. We are permanent residents.

As a permanent resident, we have some rights.
This is the description given by USCIS.

" Now that you have become a Permanent Resident of the United States we would like to welcome and congratulate you on your accomplishment. Some of you came to the United States as immigrants through a relative or through an employer. Some of you came as refugees or were given asylum status. And some of you came through other programs, like the Diversity Visa Lottery. But now that you are Permanent Residents you all share the same status. You have certain rights and certain responsibilities as Permanent Residents."

Rights
•To live permanently in the United States provided you do not commit any actions that would make you removable (deportable) under the immigration law (section 237, Immigration and Nationality Act).
•To be employed in the United States at any legal work of your qualification and choosing.
•To be protected by all of the laws of the United States, your state of residence and local jurisdictions.
International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration."

Traveling to the home country will create a problem. Because some one can say that our asylum claim is not through. If they can prove that USCIS might remove our LPR status too. But changing country circumstances after we became a permanent resident might be not a problem. Becouse our claim is not a froude.

And the same time extending our passport after becomming a Permanent Resident, is not be a problem. But it might be cause to remove the under laying asylum status if it is still hanging behind. Because as a permanent resident we no longer required asylee status.

I dont see any judgement or documentatun that says " removing this under laying asylee status will automatically remove Permanent residency"

If they (USCIS) wants to do that they may terminate under laying asylum status.

I am not an legal expert this is just my idea. May be I am not correct.