RTD, I need your advice!!!

E

Exilado99

Registered Users (C)
Hi guys,
My wife was granted derivative asylum status and now she want to apply for a RTD and go back home to visit her family. My question is: Is there any problem answering YES to the question #2 on part 6 where they ask If you plan to travel to your home country? They also ask for explanation, She should just say that is going to visit her parents?
Thanks in advance for your help!!! :cool:
 
Exilado99 said:
Hi guys,
My wife was granted derivative asylum status and now she want to apply for a RTD and go back home to visit her family. My question is: Is there any problem answering YES to the question #2 on part 6 where they ask If you plan to travel to your home country? They also ask for explanation, She should just say that is going to visit her parents?
Thanks in advance for your help!!! :cool:
Click to expand...

No one here can offer any "advice" to you. We can only make observations. For asylees, returning to the country of alleged persecution is a very very grave matter. For principal asylees it is an invitation for trouble. Derivative asylees, it is marginally less so. Personally I think you are out of your mind to do this, derivative or not. They could very well reopen your asylum case because of this. Please think about this carefully. Do you really want your asylum case examined again, this time with a more skeptical officer?

You should confer with an attorney or even better a number of attorneys. If he tells you it is OK, I further suggest you request a written opinion from that attorney.
 
Here is my advice.
Like everyone in this forum, i would also advice against going to home country. But, if ur wife is a derivative asylee, my guess is it should have taken more than an year for her to join you. My understanding is INS believes that if spouse's name is not in the origional petition, then she/he doesn't have fear of persecution on visiting home ( they themselves were not in a hurry to call her here). So, there is a grey area. It all depends upon the immgration officer. You can definately argue that she is here not because of Asylum but as your dependent by law.
 
Her name is not in the application, I filed the I-730 back in 2001 for her and she came in 2002 as my wife. I forgot to mention that she came in the US with the named country's national passport.That's it!
Thanks again for your opinions!

OBS: I am not the one who is going back home, only my wife and the baby.
 
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I suggest you don't do so. But if you really want, please check NSC updates-05/11/04. There is an anwser for you.

http://www.immigration.com/newsletter1/nsc110504.html

NSC Updates - 05/11/04

Derivative asylee spouse and children can return to their country of origin

According to the center a derivative asylee spouse and children can return to their country of origin with or without the principal. A short trip should not affect the derivatives ability to adjust (adjustment of status). As they can travel advance parole or a refugee travel document can be used for travel. A home country passport that is renewed will raise questions with the adjudicator of the I-485 about the applicant's continued status as an asylee.
 
Interesting. But how can one enter home country on a refugee travel document? That is telling your home government that you have applied for asylum abroad!!!!!!!!



asluser said:
I suggest you don't do so. But if you really want, please check NSC updates-05/11/04. There is an anwser for you.

http://www.immigration.com/newsletter1/nsc110504.html

NSC Updates - 05/11/04

Derivative asylee spouse and children can return to their country of origin

According to the center a derivative asylee spouse and children can return to their country of origin with or without the principal. A short trip should not affect the derivatives ability to adjust (adjustment of status). As they can travel advance parole or a refugee travel document can be used for travel. A home country passport that is renewed will raise questions with the adjudicator of the I-485 about the applicant's continued status as an asylee.
Click to expand...
 
Yes! thats right. Traveling on RTD for anyone (principal or derivative) to your home country will be a grave mistake.

Don't be surprised if your own home country's government turns nasty on you when they find out that you had bad mouthed them in front of a foreign (in this case US) government.
 
I would not do it if I were you. We all should know by now that there is no way you can prove anything to immigration officers unless you are an attorney. What are you going to show them? A link to a website with Nebraska update? Hah! You try and argue with them, you'll be escorted out by security. That is what is likely to happen. What you will be trying to knock sences into is a huge beurocratic machine with no brains. Do not do this.
 
Lazerthegreat said:
Yes! thats right. Traveling on RTD for anyone (principal or derivative) to your home country will be a grave mistake.

Don't be surprised if your own home country's government turns nasty on you when they find out that you had bad mouthed them in front of a foreign (in this case US) government.
Click to expand...


In many countries with an authoritarian government, the mere fact that you have applied for asylum is cause for imprisonment. I am serious.
 
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