.Applying for and RTD

C

cider_or

Registered Users (C)
Hi y'all. got a question.
Before i applied for asylum, i overstayed my B1 visa for 30 months. Will this scenario in any way affect my safe return to the States with the RTD? under advanced parole paragraph in the form, it talks about being aunlawfully present for a certain time might put you in an inadmissible status.

thanks a guys
 
Looks like Gilbert is busy, anyone could answer my question?
Do i have to apply for the advance parole?
thanks
 
This in general does not pose a real problem for asylees.

Can you let us know when did the 30 month period take place and when did you apply for asylum?
 
I came with 6 months visa in 1994, I extended it till 02/95, i was illegal from that time till i was approved in 08-18-98.


thanks
 
By law anything before April 1, 1997 does NOT count. Also, the period in which you had an asylum application pending does NOT count (unless you worked illegally).

So the question is when did you submit your asylum application?

Also, their apparent policy is not enforcing the 3/10 year bars on asylees with a RTD--in other words, an implicit and blanket I-602 waiver.
 
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Thanks GIlbert, I applied in March of 98 , rejected same month and approved by IJ in August of 98.
Sorry Gilbert, but i didn't understand "an implicit and blanket I-602 waiver. "

thanks again
 
Originally posted by cider_or
Thanks GIlbert, I applied in March of 98 , rejected same month and approved by IJ in August of 98.
Sorry Gilbert, but i didn't understand "an implicit and blanket I-602 waiver. "

thanks again
Click to expand...

You were illegaly present in this country from April 1997 thru March 1998. That was just under 12 months. Under the law if you leave the country you cannot come back for three years (had you filed your asylum application a few days later OR if you had worked without CIS permission from March to August 98, you cannot come back to the US for ten years).

Do not panic, read on.

Technically you will have to fill out an I-602 form and ask the CIS the waiver the legal provision. Since you have asylum status, the standard for a waiver is relatively low. If you did not have asylum status, you will have to show extreme hardship, which is not easy to do.

That said, the DHS has asked inspectors to admit asylees on RTDs without the need for the I-602 process even if they are subject to the 3/10 year bars. So in effect they are granting I-602s without you formally applying for one.

So to sum it up, based on your information, you are not admissible to the United States if you leave and try to come back. However the DHS has not been enforcing that law on asylees and no asylee has reported any problem during entry.

I hope I have not confused you.
 
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Sorry for the confusion Gilbert, here is my details again but i think it's not gona make a difference
came on B2 visa 08-94 (gave me 6 month)
I extended it till 08-95
so i was legal for 1 year.
now from 08-95 till March 98 i was illegal and i did work illegaly.
08-98 i was approved

So do I need to file a I-602 in order to avoind inadmissibility?

thanks a gain
 
Hi gilber
i got the same problem too, i was on J-1 visa, and it was expired around april 1999, then i file my asylum case, which is approved in 6 months. During that 6 months, my visa expired, but my lawyer told me it is legal to stay in USA and wait for the decision.
Is that true?

do u think it is gonna be problem??

thank u for your advice!
 
Originally posted by cider_or
Sorry for the confusion Gilbert, here is my details again but i think it's not gona make a difference
came on B2 visa 08-94 (gave me 6 month)
I extended it till 08-95
so i was legal for 1 year.
now from 08-95 till March 98 i was illegal and i did work illegaly.
08-98 i was approved

So do I need to file a I-602 in order to avoind inadmissibility?

thanks a gain
Click to expand...

Read my messages again.



Illegal status before April 1, 1997 does not count.



The DHS has NOT been asking for I-602s during reentry even though the law technically calls for them.
 
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