Alien Intends to Visit Home Country

rdmo

Registered Users (C)
I'd like to share this link:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d286150e2


It's the Adjudicator's Field Manual. Go to Chapter 53 Refugee Travel Documents, Section 53.3 Adjudication

These are some interesting excerpts from the document:

"Normally, once an alien becomes a refugee or asylee, he or she retains that status UNTIL he or she becomes a permanent resident."


"(2) Alien Has A Travel Document From His/Her Country . Similarly, if the applicant is in possession of a valid travel document from the country of nationality, the Form I-131 may also be deniable. There is no absolute prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may preclude the alien from establishing eligibility for permanent residence under section 209 of the Act.

In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient.


(3) Alien Intends to Visit Home Country . There is no prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may raise doubts about whether the alien has re-availed (or intends to re-avail) him or herself of the protection of the country of persecution. It may also preclude the alien from establishing eligibility for permanent residence under section 209. Each case must be judged on its own merits. For example, visiting an old or sick parent should be considered a more worthy reason for visiting one's home country than regular visits on holidays or business trips. The applicant should therefore be referred to the local USCIS office for interview and the possible taking of a sworn statement.
 
I couldn't find...

points 2 and 3 on your post. I opened the document but there was no reference to what you are talking about.
Please clarify. Thx.
:)
 
Thank you

This is great. Its the first time I see something written about traveling back to COP. Thanks a million. :)
Suerte.
 
thank you!

this is great, truly. For the first time I see some real info on this bothersome issue. Thanks!
 
It is important to understand that this is a field manual for adjutications of travel documents ie when you APPLIED for a certain travel document.

It would be nice, though, to see similar manual, when APPLYING for naturalization ie what if you visited CoP as a former asylee etc..
 
samird said:
It is important to understand that this is a field manual for adjutications of travel documents ie when you APPLIED for a certain travel document.
It would be nice, though, to see similar manual, when APPLYING for naturalization ie what if you visited CoP as a former asylee etc..
If he have to ..immigration officer can use the same manual approach to decide whether or not to grant US citizenship
 
jubilee said:
If he have to ..immigration officer can use the same manual approach to decide whether or not to grant US citizenship

This is "Adjudicator's Field Manual" NOT manual when you apply for a travel document. Please correct me if I am wrong. You are not being "Adjusted" when you apply for a travel document..correct?

Everyone plus their momma knows that if you are an asylee(not a PR yet), its a big no no to visit your home country. As a matter of fact, you are ONLY supposed to use a RTD to travel...so my question is why is this valid for Permanent REsidents?

And what's the big deal about this manual? Everyone who is an asylee(not a PR) knows that he can't avail himself/herself to protection of his/her home country or your adjustment MAY be denied...SO why the big ho-ha about this manual that is simply for adjustment of status?

Please correct me if I am wrong...I am more wrong than right as my wife usually tells me...
 
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