thanks
Thank you for the shout out, guys.
I am not here as often as I was in the past because of multiple family and work obligations. I am trying to be as helpful as I can.
shefe, thank you for staying on this forum.
The answer is technically yes if you got your asylum from a judge. But do not sweat over this. If the interviewing officer wants you to change the answer during the interview, just initial the proposed change.
This CIS memo contains more information than you ever want to read on this topic.
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/209cadjwvr103105.pdf
No you will not. This is not an issue when you come back with a Refugee Travel Document. This is an issue when your green card application is up for a decision. Again they issue pretty much automatic waivers for this kind of stuffs.
Assuming for a second that the bar applies to you, they will almost certainly grant you an automatic waiver from the bar. They have granted thousands of these waivers in the last 15 years--no questions asked.
It is not something worth losing sleep over. If you want to eliminate the...
That is not correct either. Even if an inadmissibility ground for having been unlawfully present has been triggered, the default rule is (barring exceptional circumstances) that the applicant does not need to apply for a waiver. The USCIS grants an automatic waiver based on information...
No. It is not even close to "full agreement" to what you said.
You said "The bar is triggered after 180 days, but you become inaddmissible only after a year. Only being inadmissible causes an application for AOS to be denied for an asylee, having a bar does not."
That was factually wrong...
Also as a very fine point, if the asylee has been placed into deportation proceeding (for example, if the Asylum Office referred the case to the Immigration Court), the 180 day trigger arguably will not apply to her/him. But the one year trigger will.
There are two separate bars. If you have been unlawfully present for more than 180 days (but less than one year) you are not admissible for three years. If you have been unlawfully present for more than one year you are not admissible for ten years.
In general Any alien (other than an alien...
Your distinction between being inadmissible and the bar makes no sense at all.
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF
Page 19, paragraph C.
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