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Asylee LPR Travel

Discussion in 'Political Asylum in USA' started by eljay, Mar 20, 2009.

  1. eljay

    eljay Registered Users (C)

    I am a permanent resident who got the status through asylum. I have a question about travel abroad as an asylee. I met few different immigration lawyers. But they all gave me different advices. So I decided to wright you to get the correct answer for this

    1. As a asylee LPR can we renew national passport and travel abroad using that passport? Any experience?

    2. According to the USCIS welcome latter

    ( http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD )

    there is no special rules for those who got LPR through Asylum. But some says even after obtaining LPR status, asylees are not eligible to use national passport. Is this USCIS document is wrong?

    3. The above document is last updated by USCIS on 9/19/2008. But there is a previous document on the same issue on 01/4/2007

    ( http://www.uscis.gov/files/pressrelease/AsylumTravel122706FS.pdf )

    according to this fact sheet The LPR who obtain such status based on asylum status are subject to special rules when travelling abroad. Which document take precedence.

    4. According to this fact sheet, if the asylee travel to the country of persecution, USCIS may terminate the asylum status. But only underlaying asylum status. But it does not say about LPR status.

    If this happens what will happen to the LPR status?

    Is it also automatically terminated?
    or
    are we still eligible to be as a Legal Permanent resident?

    5. Finally, The latest document out of this two says, " 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). ---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. "
    Is this really apply to asylees? Is there any email address to get clerification from uscis?
     
  2. asylee01

    asylee01 Registered Users (C)

    I know i don't have the answer you need but i can certainly tell you that even USCIS don't have a clear black and white answer, needless to say, immigration attorneys are divided as well, it is one of the most controversial issues here and it has been hanging over their head for a long time, it's either because they can't come up with a solid rule or they have something up their sleeves and want people to wrap the rope around their own necks.
    My advice is DO NOT renew your NP.
     
    Last edited by a moderator: Mar 23, 2009
  3. mesbahul

    mesbahul Registered Users (C)

    Totally agree
     
  4. GCman2005

    GCman2005 Banned

    I was asked by an immigration officer at JFK to renew my passport. Since then, I 've been in and out (6 times) with no question at port of entry. I am using GC+NP.
     
  5. windywd

    windywd Registered Users (C)

    If you are talking about renewing your NP only, go ahead and do it.
     
  6. GCman2005

    GCman2005 Banned

    I think what should not be done is go back to COP as LPR based on asylum.
     
  7. cafeconleche

    cafeconleche Registered Users (C)

    Yes. After reading almost everything on this forum relating to this topic, and after speaking to a couple of laywers and immigration officers, I feel that renewing your NP, if it can be done safely and without having to lie about your status, is the way to go. I can't do this, so I have not applied for an NP, and I've been traveling on an RTD or RP.
     
  8. rustik

    rustik Registered Users (C)

    I learned that I can technically enter my COP with RP. Do you think it would be better than enter COP with NP (in case you absolutely have to go) in terms of future citizenship interview?
     
  9. windywd

    windywd Registered Users (C)

    It is obviously better travel to COP via RP since in INA 208 (c)2D:

    the alien has voluntarily availed himself or herself of the protection of the alien's country of nationality or, in the case of an alien having no nationality, the alien's country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country

    You will need to return to COP with "permanent resident status". Returning to COP via RP will not make you have "permanent resident status" (since you will have U.S. issued travel document), via NP will.
     
  10. rustik

    rustik Registered Users (C)

    "I have NP but did not want to use it to enter COP". Does it sound OK? Since I have NP and used it for travel earlier i am gonna show it during the interview anyway. But I decided not to use it from now on. RP is valid for two years and hopefully that will be it!
     
  11. windywd

    windywd Registered Users (C)

    Rustik,

    I wouldn't be over-worried about citizenship interview. If you think the Government employs ten million people, and watch every asylee on a daily basis, that is damn wrong. On the other hand, do not try to out-smart them by doing something deceptive and stupid.

    Revoking asylee status is a serious business, and you won't get it unless it has passed some legal review by their lawyers. Chances are, if you get NOIT notice, that they have got some seriously damaging evidence against you.

    For the citizenship interview, they may give a fuss if they are good (i.e., know about asylum). However, I don't see how you got stuck with that issue.
     
  12. ASYLUM-NY

    ASYLUM-NY Registered Users (C)

    I wish USCIS could say " its ok to use your NP+asylum based GC" OR "not, its NOT ok to use NP+asylum based GC", so we could know it at once!!! I am really happy i got my GC and i thank God every day for it, but sometimes i feel like a have a nice sport car (aka green card) but i dont have the right wheels on it ( passport ) ... Do i make any sense? I hope so...Sorry guys... LOL.
     
  13. eljay

    eljay Registered Users (C)

    Thank you for all ideas. Looks like every one has the same question.

    I hope some of our forum members or viewers are immigration lawyers. and also they are members of AILA.

    Some times AILA having conference calls with USCIS to get clarifications about immigration matters. Look at this example:

    http://www.durrani.com/docs/FAQ-AILA.pdf

    Can some one encourage them to get answers for this questions too.

    1. Can asylee LPR use their national passports to travel abroad?
    2. Can asylee LPR renew their National Passport after becoming LPR?
    3. Are there any differences in LPR status or any different rules applied to the LPR who got their status through asylum?

    Because just discussing about this problem, will not give the correct answer?
    Some one maybe submit this question to the USIS through their Congressman Pl.?
    Thank you.
     
  14. wantmygcnow

    wantmygcnow Volunteer Moderator

    Why dont you try to contact the congressman?
     
  15. eljay

    eljay Registered Users (C)

    I don't know how to do that. If I know I will do.
    What is the procedure? Do I have to go to his office or Contact over the phone or just writing an email?
    Please let me know.
    Thank you.
     
  16. cafeconleche

    cafeconleche Registered Users (C)

    Where do you live? Your congressman and senators have websites which have phone numbers and email addresses, as well as postal addresses.
     
  17. The.Walker

    The.Walker Guest

    I have a question regarding NP. Many in here have said that you shouldn't use a NP. If so, then how can you actually apply for a visa to travel to countries that require a visa?
     
  18. thankful

    thankful Registered Users (C)

    Your Refugee Travel Document or Reentry Permit is to be used as a passport. They have visa pages.
     
  19. The.Walker

    The.Walker Guest

    Thanks for the clarification thankful.
     
  20. windywd

    windywd Registered Users (C)

    The easiest way to look at this is to read some of the precendential decision by Circuit Courts.

    Courts held that "being able to obtain identification documents alone does NOT, by itself, constitutes an adverse credibility finding of the petitioner's claim of persecution", as the "no evidence in the record to suggest that overseas consulates maintain close ties with alleged persecuting agencies or would refuse passports to those individuals who have fled COP based on violations of its religion policies".

    However, Courts also held that being able to renew his passport, along with extended trip back to COP, "provides ample evidence that the circumstance of the country condition has fundamentally changed....."
     

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