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[Crashed]

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.

Does that mean that Asylee who had unlawful presence will not be inadmissible when returning with that travel document ?

 

[assylum]

Does that mean that Asylee who had unlawful presence will not be inadmissible when returning with that travel document ?

You will be inadmissible when you apply for adjustment of status (LPR). This doesn't mean that you can't re-enter the US.

Being inadmissible doesn't always mean that you can't re-enter the US. It means that you need a waiver before you get LPR status

Keep in mind that, you will be inadmissible if you had previous unlawful presence for 180 days or more and you left the USA before adjusting your status to LPR even if you have a valid RTD


Waivor for inadmissiblity 212(a)(9)(b) might be available for asylees and refugees

 

[Crashed]

You will be inadmissible when you apply for adjustment of status (LPR). This doesn't mean that you can't re-enter the US.

Being inadmissible doesn't always mean that you can't re-enter the US. It means that you need a waiver before you get LPR status

Is there a potential denial-of-entry for prior unlawful presence? if so, is it dependent on how long the unlawful presence was for ?

Keep in mind that, you will be inadmissible if you had previous unlawful presence for 180 days or more and you left the USA before adjusting your status to LPR even if you have a valid RTD

Thanks for the quick reply, let me see if I understood the above particular point correctly:

1-in quote above [the bold RTD part], does that inadmissibility constitute denial of entry or just an inadmissibility needing the waiver [when applying for LPR status] you mentioned !
2-If you don't leave the US before adjusting to LPR but still had previous unlawful presence, that makes you inadmissible as well, right ?

 

[assylum]

1-in quote above [the bold RTD part], does that inadmissibility constitute denial of entry or just an inadmissibility needing the waiver [when applying for LPR status] you mentioned !
2-If you don't leave the US before adjusting to LPR but still had previous unlawful presence, that makes you inadmissible as well, right ?

1- According to USCIS guidlines, the only grounds of inadmissiblity that should be examined are those that would also result in a revocation of asylum.

2- If you had previous unlawful presence in the US for 180 days or more and you never left the US, then you are not inadmissible under 212(a)(9)(b). In this case, your I-485 application does not need a waiver for 212(a)(9)(b)

Also, if you had previous unlawful presence in the US for less than 180 days, then you are not inadmissible under 212(a)(9)(b) even if you left the US before filing I-485

 

[boogy225]

Hello,
I applied for a re-entry permit on August the 11th, 2010. I did an early biometric walkin on August 29, 2010, Does anybody know how much longer it takes to received it in mail? I have been a us permenant resident for 4 years. Thanks

 

[fat_face]

@Assylum...

The inadmissibility issue with an RTD for an asylee with a previous unlawful presence or entry without valid passport or immigrant visa ( i.e in my case) is very tricky. One could ask CBP if an asylee is put in removal proceedings again because of the inadmissibility. Can someone confirm if they had traveled in the above circumstances with an RTD?