1-131

[Blink1989]

i-131 need some help

I am greencard holder through asylum. I was wondering if anybody can help me about this issue. Is that ok to travel with your national passport and reenter with RTD, the reason why is Im going to Singapore but they dont accept RTD. Im still waiting for my RTD as well, apply in June 10, Finger print July 13. Uhh hate waiting

 

[asilum]

Blink, does Singapore accept RP? Also, can asylee renew NP on the basis that some countries do not recognize RTD and RP?

 

[Blink1989]

yeah, singapore does not recognize RTD, i called them earlier this month.

 

[asilum]

how about Reentry Permit (RP)?

 

[Blink1989]

nope they dont take one of those either

 

[The.Walker]

Just use your NP. You should be fine.

That said, after you file for asylum, you're "expected" to have abandoned all ties to your country, including your NP but tons of Asylees have used their National passports while traveling abroad. You have a proper excuse if you were to be asked why you used it.

 

[Blink1989]

hey the. Walker. have u travel to a country which they dont recognize travel document? I call and email the border patrol, they said as long as i have state travel document and greencard and im good to enter the united states.

 

[The.Walker]

No I haven't, Blink. As a matter of fact, I haven't traveled outside the country.....

I don't have a GC yet but as soon as I receive my Travel Document, I'm going to travel abroad.

 

[fat_face]

Question...
I want to apply for RTD. What supporting documents do i need?. I only have the IJ's decision granting me the asylum recently, i don't have an i-94 or a valid EAD.

Second Question...
If i travel with the said RTD, would i be barred from entering the U.S because first, i had a previous unlawful presence of 3 years when i was under 18 back then and left the U.S before turning 18. I came back to the U.S and applied for an asylum as an "arriving alien without documents" subsequently and got approved by the IJ for an asylum. I think this would seriously mess up my i-485 application but would it bar me from entering back in to the U.S with an RTD?

 

[assylum]

Question...
Second Question...
If i travel with the said RTD, would i be barred from entering the U.S because first, i had a previous unlawful presence of 3 years when i was under 18 back then and left the U.S before turning 18. I came back to the U.S and applied for an asylum as an "arriving alien without documents" subsequently and got approved by the IJ for an asylum. I think this would seriously mess up my i-485 application but would it bar me from entering back in to the U.S with an RTD?

You might be nadmissibil based on the those two sections
1. section 212(a)(9)(B) prior unlawful presence. This section is triggered if you had unlawful pressence in the US and you left the country for any reason before getting a green card. Re-entering the US with RTD before getting GC doesn't give you automatic rights to waive 212(a)(9)(b)

2. section 212(a)(6)(A)(i) arriving without admission or parole.

The above 2 sections might be waived by the adjudicator under 209(c) of the Act for humanitarian, family unity, or public interest.

USCIS might ask you to submit I-602 (waiver of indadmissibility).

Consult your lawyer about those 2 sections that I mentioned above.

 

[fat_face]

@Assylum....

I heard somewhere that if you have accrued unlawful presence in the U.S while you're under 18 but left U.S before your 18th Birthday, the unlawful presence does not count.

And for the other charge my NTA said 212(a)7A(i)(1)....not sure if its the same thing but is it not forgiven when you are granted an asylum.

 

[assylum]

@Assylum....

I heard somewhere that if you have accrued unlawful presence in the U.S while you're under 18 but left U.S before your 18th Birthday, the unlawful presence does not count.

And for the other charge my NTA said 212(a)7A(i)(1)....not sure if its the same thing but is it not forgiven when you are granted an asylum.

You still need a waiver for 212(a)7A(i)(1). You might be fine according to section 212(a). Read it carefully and consult your lawyer.



Section 209(c) of the Act prohibits the Secretary from waiving the following grounds of inadmissibility:


• Section 212(a)(2)(C) of the Act relating to drug trafficking;

• Section 212(a)(3)(A) of the Act relating to security grounds;

• Section 212(a)(3)(B) of the Act relating to terrorist activities;

• Section 212(a)(3)(C) of the Act relating to foreign policy considerations;and

• Section 212(a)(3)(E) of the Act relating to Nazi persecution and genocide.


The Secretary may waive any other ground of inadmissibility under section 212(a) of the Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

Adjudication of Waiver . An asylee or refugee may submit a Form I-602 , Application By Refugee For Waiver of Grounds of Excludability, concurrently with the submission of the Form I-485 , Application to Register Permanent Residence or Adjust Status. The grant of asylee or refugee status does not automatically waive any ground of inadmissibility. Each waiver request or application must be evaluated and adjudicated on a case-by-case basis. The grant and other information available to the adjudicator may provide a sufficient basis for determining that a waiver is warranted on humanitarian, family unity, or other public interest grounds.

 

[fat_face]

@ Assylum....i guess i should postpone any travel out of the country in the above circumstances...but back to the i-131, not that i feel the need for one now, but in the future, what do i need as supporting documents to apply for an RTD?...i only have the IJ's decision granting me an asylum, an unrestricted SSN and a valid license...you think thats good enough as a proof or do i have to apply for the infamous i-94.

 

[assylum]

@ Assylum....i guess i should postpone any travel out of the country in the above circumstances...but back to the i-131, not that i feel the need for one now, but in the future, what do i need as supporting documents to apply for an RTD?...i only have the IJ's decision granting me an asylum, an unrestricted SSN and a valid license...you think thats good enough as a proof or do i have to apply for the infamous i-94.

Regarding the I-94, you should get it. Ask your lawyer or schedule an infopass

 

[fat_face]

Aliens found to be inadmissible.
(1) Section 209(c) of the Act provides that in determining an alien's admissibility under both Section 209(a)(1) and Section 209(b), the following grounds of inadmissibility shall not apply:
(a) Section 212(a)(4) - an alien likely to become a public charge.
(b) Section 212(a)(5) - an alien not in possession of a labor certification.
(c) Section 212(a)(7)(A) - an immigrant not in possession of a valid unexpired immigrant visa or other entry document or not in possession of a valid unexpired passport or other travel document or whose visa has been issued without compliance with Section 203 of the Act.

@Assylum...i got this from justice.gov/eoir....If i am reading and understanding it right, it is not required for an Asylee to file for a waiver with i-485 based on Section 212(a)(7)(A)...this site wont let me post the exact link of the site where i got this info...

 

[The.Walker]

Fat_face, When I was in F-1 visa, I used to work off-campus without a Work Permit. Do you think that'd make me inadmissible? ( I'm a derivative asylee ).

 

[cafeconleche]

If you apply for an NP, and you are questioned during your interview, have your reasons ready. Was it because you were told at the POE that as an LPR now, you were no longer an asylee and could renew your NP? Could be. Was it because you needed to go to countries that don't accept travel documents? Maybe. Think about it.

 

[assylum]

@Assylum...i got this from justice.gov/eoir....If i am reading and understanding it right, it is not required for an Asylee to file for a waiver with i-485 based on Section 212(a)(7)(A)...this site wont let me post the exact link of the site where i got this info...

This is the information I found for you: Read it carefully

Neither section 209 of the Act nor 8 CFR 209 requires submission of Form I-602 in all cases where an alien is found inadmissible under a ground that may be waived. Paragraph (b)(1) below specifies when USCIS may grant a waiver without requiring the applicant to file Form I-602. Paragraph (b)(2) below specifies how to process a case when a Form I-602 is required.



(1) When Form I-602 is Not Required . In certain instances, USCIS has determined that submission of Form I-602 is not required. When an adjudicator determines that a refugee or asylee requires a waiver prior to adjustment of status, the adjudicator may grant the waiver without requiring submission of Form I-602 if:



· The applicant is inadmissible under a ground of inadmissibility that may be waived other than section 212(a)(1) of the Act [health related grounds];



· USCIS records and other information available to the adjudicator contain sufficient information to assess eligibility for a waiver; and



· There is no evidence to suggest that negative factors would adversely impact the exercise of discretion.



If these requirements are met, it is in the public interest to grant the waiver without requiring submission of Form I-602. In addition, it is in the public interest to decrease the burden on both the applicant and USCIS with respect to processing paperwork that is already available to the adjudicator.



The adjudicator should indicate that the waiver has been granted by annotating and initialing the “Remarks” section of the Form I-485 that the inadmissibility violation has been waived. For example, if the adjudicator grants a waive r of section 212(a)(6)(A)(i) (present without admission or parole) or section 212(a)(9)(B) (unlawfully present) of the Act, then the adjudicator should annotate and initial in the “Remarks” section: “212(a)(6)(A)(i) violation waived” or “212(a)(9)(B) violation waived.”



(2) When Form I-602 is Required . If the ground of inadmissibility may be waived but the requirements noted in (b)(1) are not satisfied, the adjudicator should require the refugee-based or asylum-based adjustment applicant to submit Form I-602 if the applicant has not already done so.

 

[assylum]

Fat_face, When I was in F-1 visa, I used to work off-campus without a Work Permit. Do you think that'd make me inadmissible? ( I'm a derivative asylee ).

Walker,
I don't think that working without a work permit will make you inadmissible. I couldn't find any section in the immigration law that talks about indadmissiblity based on working illegally.

 

[assylum]

ASYLEE Travel with RTD without GC

This is the information I found regarding asylee travel without GC:

The USCIS discussed the requirements for international travel by asylees and refugees. Asylees and refugees are required to obtain a refugee travel document before traveling abroad to ensure their readmission to the US. Those who leave without such a document, or attempt to reenter after the document has expired, are inadmissible and may be placed in removal proceedings. They may not reassume their asylee or refugee status until they are granted a new refugee travel document abroad or at the port of entry.

If the person reenters with a valid, unexpired travel document, they must still be examined for admissibility. For asylees, the only grounds of inadmissiblity that should be examined are those that would also result in a revocation of asylum. If a refugee is found inadmissible, they will be placed in removal proceedings. They can apply for asylum during these proceedings. Asylees and refugees may also use advance parole to reenter the US.

Although refugees and asylees who depart the US without a valid travel document are not entitled to readmission, their status as an asylee or refugee clearly indicates that there are compelling circumstances to consider in evaluating their application for admission. Therefore, INS offices overseas have been instructed to issue travel documents to those who left the US without knowing the requirement, and apply for the document within one year of leaving the US. If the person fails to obtain such a document, they may seek humanitarian parole into the US. While reentering on parole terminates the person’s status as an asylee or refugee, the person is still eligible to apply for adjustment of status as a refugee or asylee.

Often, the asylee or refugee will have to return to the country where they claimed to fear persecution. While this will not automatically terminate their status, such visits will be closely examined. The legal standard for determining whether to readmit the person is that “the alien did not engage in any activities while outside the US that would be inconsistent with continued refugee or asylee status.” Therefore, the examination of this issue is very fact specific, and the reasons for the return must be closely examined.

Asylees and refugees who have filed applications for adjustment of status may leave and reenter the US without an advance parole document without abandoning the adjustment application. This is because the law under which asylees and refugees apply for adjustment, unlike the general adjustment of status provision, does not deem an adjustment application abandoned when the applicant leaves without advance parole.