Advice appreciated on traveling to Thailand with pending Asylum application.

hellofromku

Registered Users (C)
Hi, all!

How are you doing?

I am so sorry to trouble you all but I really appreciate your advice on my particular situation. I am a student from Mainland China currently pursuing graduate studies in the U.S, but am considering a gender reassignment surgery in Thailand in November. I was interviewed July 10th in Los Angeles for fear of persecution in China due to my transsexual tendencies, and at the end of my interview( which I believe went well), the asylum officer asked me to sign a piece of paper indicating that the decision will be mailed to me because I am in valid status. My recent enquiries with them were that as of August 23rd, no decision had been made on my application yet, and as of today(August 28th), I still havenot heard anything from them.

So my questions are:

Question 1: Suppose I never hear from USCIS(which is possible because I have seen people here waiting for years for decisions), could I whether it is advisable that I travel in Mid-November to Thailand and come back on my non-immigrant student visa status in early December(my F1 status shall be valid until December 31st)? My biggest fear would be that the customs somehow find out that I have applied for asylum( will they find out at all if I donot tell them?), and refused entry to me, on ground that I should never have traveled abroad with a pending asylum application, despite my valid non-immigrant student status. Right now, my plan is to go to Mexico to get a non-immigrant visa stamp based on my current student status so that I could return using a non-immigrant student visa. Is it too risky in the sense that the officer there may find out that I have also applied for asylum, and therefore refuses to grant me the visa on ground of immigration intentions( do asylum application count as immigration tendencies?). Would he(she) be able to find out that I have applied for asylum, at all, if I donot tell?

Question 2: I know that after 150 days of pending period, an asylum applicant is eligible for applying for a one-year work permit. Could I ask whether he(she) can apply for a travel document as well, after 150 days of pending period?


Question 3: Suppose that I got lucky and received my asylum approval letter, say, in September. Am I allowed to apply for a refugee travel document as soon as I receive my asylum approval letter or do I have to wait for sometime? Could I also ask how long it takes on average between application for a refugee travel document and the grant of it? Has anyone here traveled abroad shortly after his(her) asylum approval?

So all boils down to one big question: Could I ask whether it is safer that I use my non-immigrant student status to return or is it better that I wait for my asylum approval to do it?

Incidentally, the Thai doctor has reassured me that he will provide with me the sex reassignment certificate to aid my return to U.S. Also, I have been in a valid F-1 student status since 1999 and shall still be in valid F-1 status until the end of this year.

Thank you so much for your time, patience, and help. The doctor is tightly booked, and has indicated to me that Mid-November is possibly the only time that he has for me until next January( when my F1 status may expire). I shall deeply appreciate any advice that you would like to offer me.

Wish you a beautiful day and please also take the best care…

Gratefully Yours,
Shane
:confused:
 
hellofromku said:
Hi, all!

How are you doing?

I am so sorry to trouble you all but I really appreciate your advice on my particular situation. I am a student from Mainland China currently pursuing graduate studies in the U.S, but am considering a gender reassignment surgery in Thailand in November. I was interviewed July 10th in Los Angeles for fear of persecution in China due to my transsexual tendencies, and at the end of my interview( which I believe went well), the asylum officer asked me to sign a piece of paper indicating that the decision will be mailed to me because I am in valid status. My recent enquiries with them were that as of August 23rd, no decision had been made on my application yet, and as of today(August 28th), I still havenot heard anything from them.

So my questions are:

Question 1: Suppose I never hear from USCIS(which is possible because I have seen people here waiting for years for decisions), could I whether it is advisable that I travel in Mid-November to Thailand and come back on my non-immigrant student visa status in early December(my F1 status shall be valid until December 31st)? My biggest fear would be that the customs somehow find out that I have applied for asylum( will they find out at all if I donot tell them?), and refused entry to me, on ground that I should never have traveled abroad with a pending asylum application, despite my valid non-immigrant student status. Right now, my plan is to go to Mexico to get a non-immigrant visa stamp based on my current student status so that I could return using a non-immigrant student visa. Is it too risky in the sense that the officer there may find out that I have also applied for asylum, and therefore refuses to grant me the visa on ground of immigration intentions( do asylum application count as immigration tendencies?). Would he(she) be able to find out that I have applied for asylum, at all, if I donot tell?

Question 2: I know that after 150 days of pending period, an asylum applicant is eligible for applying for a one-year work permit. Could I ask whether he(she) can apply for a travel document as well, after 150 days of pending period?


Question 3: Suppose that I got lucky and received my asylum approval letter, say, in September. Am I allowed to apply for a refugee travel document as soon as I receive my asylum approval letter or do I have to wait for sometime? Could I also ask how long it takes on average between application for a refugee travel document and the grant of it? Has anyone here traveled abroad shortly after his(her) asylum approval?

So all boils down to one big question: Could I ask whether it is safer that I use my non-immigrant student status to return or is it better that I wait for my asylum approval to do it?

Incidentally, the Thai doctor has reassured me that he will provide with me the sex reassignment certificate to aid my return to U.S. Also, I have been in a valid F-1 student status since 1999 and shall still be in valid F-1 status until the end of this year.

Thank you so much for your time, patience, and help. The doctor is tightly booked, and has indicated to me that Mid-November is possibly the only time that he has for me until next January( when my F1 status may expire). I shall deeply appreciate any advice that you would like to offer me.

Wish you a beautiful day and please also take the best care…

Gratefully Yours,
Shane
:confused:


1. Customs = Immigration, and they will see your asylum application at the port of entry. Individual experiences vary, but I think this will be extremely risky. You have already expressed immigrant intent with your asylum application, and may not be admitted on a student visa when you return (or may be you will be.. but if I were you I'd stay here)

2. Being eligible for the EAD does not qualify for the refugee travel document. You need to have asylum status for that.

3. Yes, you can apply for a RTD after you get the asylum approved letter.
 
Thank you so much, guys and girls!=) I filed my advanced parole application today...

Hi, all!

Thank you so much for taking the time to help me out and I sincerely appreciate your advice! I filed my application for advanced parole today to Los Angeles Asylum office, where my asylum application is pending and hopefully I shall hear from them before November... I shall keep you updated if I hear anything from them.

Meanwhile, suppose that my advanced parole gets approved, could I ask which other documents that I shall bring with me to maximize the chances that I would be readmitted to the U.S.?

Once more, thank you so much for your warm and helpful responses.

Wish you all a beautiful day and please also take the best care...

Gratefully Yours,
Shane
 
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