Going back home

N

N4th3l

Registered Users (C)
Hi guys,
I spoke to my lawyer today, I told him I just got my GC, and can I go back home for like 2-3 weeks?
He said it's gonna be ok, because I applied for Asylum 6 years a go and the situation in my country changes a lot and he told me its ok to use NP to go back home.
Also he said there's no class on GC, and the GC that I received is the same with the person who got it from H1. I asked about the category on the card, he said it means nothing.

Now I'm confused, is there anybody here close to applying citizenship?
Can we ask INS instead of guessing?
Do they have forum or email?
Thanks guys.
 
http://uscis.gov/graphics/howdoi/PermRes.htm

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. This document will give you a general idea of what those rights and responsibilities are and some other useful information related to your immigration status as a Permanent Resident
 
Even after you get GC, if USCIS considered it's fraudulent case, GC can be taken away. You got GC as an asylee and you now visit your country that you once claimed you are persecuted in. If USCIS comes to know it, you may or maynot get into trouble. Just my personal opinion.
 
What about if I don't want to be citizen, and keep being GC holder, extend my GC every 10 yrs?
All I need is to see my parents every yrs, they're pretty old.
 
N4th3l said:
What about if I don't want to be citizen, and keep being GC holder, extend my GC every 10 yrs?
All I need is to see my parents every yrs, they're pretty old.
Click to expand...

if u become citizen, u can go home without questions
if u want to visit your parents, get a doctor notice and u should be fine
 
N4th3l said:
Hi guys,
I spoke to my lawyer today, I told him I just got my GC, and can I go back home for like 2-3 weeks?
He said it's gonna be ok, because I applied for Asylum 6 years a go and the situation in my country changes a lot and he told me its ok to use NP to go back home.
Also he said there's no class on GC, and the GC that I received is the same with the person who got it from H1. I asked about the category on the card, he said it means nothing.

Now I'm confused, is there anybody here close to applying citizenship?
Can we ask INS instead of guessing?
Do they have forum or email?
Thanks guys.
Click to expand...

I can tell u one thing. I know bunch of people who got their GC's through asylum (some of them recently), renewed NP and went home without a problem. Some of them stay home whole summer. Upon coming back they don't hide this fact from USCIS.
 
ayyubov said:
I can tell u one thing. I know bunch of people who got their GC's through asylum (some of them recently), renewed NP and went home without a problem. Some of them stay home whole summer. Upon coming back they don't hide this fact from USCIS.
Click to expand...


Ayyubov:

Do you know if any of them has become citizen yet?
 
I know several people that become citizens, most of them refugees but some asylees. They got the GC and went back home. OK not exactly home but to other cities in the country they ONCE feared prosecution. I am talking about Bosnia here. The war is over. In the matter of fact the war ended in 1995 and there were several batches of refugees coming from Germany up-until 2003. So they got the admission from US embassy in Germany, Serbia, Croatia and got here. They were told not to go back to Bosnia before they get GC. After that it will be fine.

Now this could be a special category but frankly if the situation in your country changed while your case has been pending what should you do? Abandon the application and return home?
 
I know a Guy who got his GC as a Asylee. Went his country couple of time. Not only that one time he stayed back home over 5 months. All the time he use his national passport with no problem to back USA. And he got US
Citizenship with any problem.
I don't know whats wrong to Use your National Passport after you got your GC. Why you have to use Travel Document or Re-entry permit to visit other country after u got your GC?
Good Luck to everyone.
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samird said:
I know several people that become citizens, most of them refugees but some asylees. They got the GC and went back home. OK not exactly home but to other cities in the country they ONCE feared prosecution. I am talking about Bosnia here. The war is over. In the matter of fact the war ended in 1995 and there were several batches of refugees coming from Germany up-until 2003. So they got the admission from US embassy in Germany, Serbia, Croatia and got here. They were told not to go back to Bosnia before they get GC. After that it will be fine.

Now this could be a special category but frankly if the situation in your country changed while your case has been pending what should you do? Abandon the application and return home?
Click to expand...

My lawyer told me if the condition had been changed when your case was pending, you would lose your status.
 
I absolutely agree with Mentos, I know asylees who have travelled to their home country and have received their citizenship and have renewed their national passports as well
 
The only concern with visiting native country after getting GC through asylum is that it could mean the original asylum application was fraudulant.

But it doesn't automatically prove that the original application was fraudulant.

Situation 1, native country condition has changed.

Situation 2, a woman from China got asylum because she's afraid she'd forced to abortion on the second child. Now she has 4 kids. And she got her Green Card. Is it reasonable for her not to be afraid to go visit her parents back in China for 2 weeks? Does anybody think that the Chinese authority will persecute her now that she has 4 kids in the U.S.?

Situation 3, a gay person from Iran got asylum based on his sexuality. Now he has a Green Card. He goes back to Iran for one month and hides his sexual orientation while he's there. Is he a crook?
 
Exactly! :) Also, the fact that you are going back after many years passed by, does not mean that you made faulse claim.
 
TimZ said:
The only concern with visiting native country after getting GC through asylum is that it could mean the original asylum application was fraudulant.

But it doesn't automatically prove that the original application was fraudulant.

Situation 1, native country condition has changed.

Situation 2, a woman from China got asylum because she's afraid she'd forced to abortion on the second child. Now she has 4 kids. And she got her Green Card. Is it reasonable for her not to be afraid to go visit her parents back in China for 2 weeks? Does anybody think that the Chinese authority will persecute her now that she has 4 kids in the U.S.?

Situation 3, a gay person from Iran got asylum based on his sexuality. Now he has a Green Card. He goes back to Iran for one month and hides his sexual orientation while he's there. Is he a crook?
Click to expand...

heh..good points
 
Basically, after getting GC you are free to go anywhere, including home country.

CIS does not have the resources to investigate since day one. They would act on any "perceived" fraud based on existing paperwork, like visa fraud.

In 1990, when Soviet Union collapsed, "in theory" they could reverse asylum status for those granted PA from USSR. They never did. Once they processed your case, it is done. After getting GC, no one is going to ask you "have you tried to obtain the passport of the country of prosecution?" They just don't have the resouces to look back.
 
windywd said:
Basically, after getting GC you are free to go anywhere, including home country.

CIS does not have the resources to investigate since day one. They would act on any "perceived" fraud based on existing paperwork, like visa fraud.

In 1990, when Soviet Union collapsed, "in theory" they could reverse asylum status for those granted PA from USSR. They never did. Once they processed your case, it is done. After getting GC, no one is going to ask you "have you tried to obtain the passport of the country of prosecution?" They just don't have the resouces to look back.
Click to expand...

This is bad advice. I wouldnt feel comfortable thinking that OK i can do whatever and USCIS "wont have the resources."

Ok its true that lots of time USCIS doesn't care and doesn't go after you but you know what IF they do, they do it like crazy.

Citizenship can be denied if you lied to obtain a GC. Thats in the law. When you go for an interview, you never know what the citizenship interviewer will ask you....

My advice would be to NOT go to your home country unless emergency... UNTIL you are a U.s Citizen. Do not believe in Any Lawyers or anything written on any USCIS's website...

In the END USCIS doesn't follow their own rules....and taking a printout from their website and saying well its said "all gc holders are equal" wont really help you out....

Again the logic by windywd that when Soviet uNion collapsed..every PA from that country would have been reveresed...is silly. Thats a bad example to use. Poltiical Asylum is based on more than one thing..Just because a coutnry is back to good ol' times doesnt mean that the person who obtained PA is still NOT persecuted...There is Race.religion..belief in an opinoin..etc..It doesn't mean that if country is safe a person is safe.

In PA from a country that is safe now, you are dealing with maybe thousands of individuals but if you go back to your home country..you are the single one..single person to fight against USCIS..and for them to poke around..

IF you do need to go back...get your evidence ready JUST IN CASE you need it down the road for your citizenship interview...
 
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Going back to the country of origin does not mean that you lied on your application. Also, if everyone were to follow the IF mentality we should all be afraid to go outside because you never know IF there is a killer on the street.
 
Going back to home country now... that you filed against..and bad mouthed because you thought you are persecuted..is not lying on your application?
 
There is no law that says that you cannot visit your home country or renew your home country passport. However, it is stated on the Immigration of Nationality Act Sec. 246. [8 U.S.C. 1256] Section (a) that the Attorney General has the right to rescind your adjustment if within five years after the adjustment date he has reason to believe that you were not eligible to be adjusted at the time of the adjustment.

Those who are still waiting for your I-485 to be approved, my advice is not to even consider visiting your HC. The government has a right to deny your adjustment even if you were granted Asylum 10 years ago by claiming that the situation in your country has changed at the time of adjustment. It doesn't mean that you won't be under the radar on several occasions but doing so is a huge gamble.

If you have already been adjusted, my advice to you is not to visit your HC close to your adjustment date. Doing so may raise a question that the situation in your country had changed at the time of adjustment. The further away you go home from the adjustment date, the safer you are.

My opinion.
 
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