Asylee travel on RTD and effect on GC application

imm333

Registered Users (C)
Hi folks,

I have a question:

I got my asylum approved about 6 months ago, and I applied for RTD and got it. I am planning to travel to Canada for about 2 weeks max.

how would this affect the 1 year requirement for GC application? Will it be reset?

And do you advice to have my RTD stamped for departure and arrival? to serve as a proof of how long I was out of the country?

Please share your experience if you can. Thanks in advance.
 

samdalas40

Registered Users (C)
two weeks stay in Canada will not affect your 1 year requirement for PR.USCIS has travel records for everyone that crosses the boarder.
 

imm333

Registered Users (C)
Thanks for your reply Samdalas40.

So you mean I would still be able to apply after 1 year from my approval notice, or it would be 1 year + the period I stayed outside the country?

How will USCIS know when you left the country if you don't stop at the immigration office before leaving?

Thanks again.
 

samdalas40

Registered Users (C)
unless someone exits/enter the country illegally,everyone that travels abroad has their trip details forwarded to the government by the airline.On your first question,yes,1 year from your approval date is whe you need to apply for your PR,not unless you plan to make another international trip for a duration of more than 6 months.
 

assylum

Registered Users (C)
Before you travel, make sure you are not subject to any inadmissibility bar. Traveling with RTD/no GC might make you inadmissible and your I-485 will need a waiver. Ask your lawyer before you leave to make sure you are not subject to any inadmissibility bar. Keep in mind that many lawyers don't know that much about inadmissibility bars. Make sure you ask a lawyer who is an expert with forms I-601 and I-602.

If your travel plan is not an urgent, then I recommend that you delay your travel plan until you get your GC.
 
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samdalas40

Registered Users (C)
imm333,if I were you,I would talk to my lawyer,assylum is right,if for some reason,you had an unlawfull presence in the US before you filed for asylum,you might be subject to inadmissibilty bar.However,if you came in and filed your asylum application within one year of your arrival,like most of us did,then you are fine.Just mail your RTD for a visa cos you need one.
 

imm333

Registered Users (C)
Thanks for all who replied.

I did not have any unlawfull presence in the US ever, I will check with the lawyer and see what he says as well about travel.

Yes the application was within one year, no unlawfull presence, so I guess we should be fine.
 

2ndchances

Registered Users (C)
Before you travel, make sure you are not subject to any inadmissibility bar. Traveling with RTD/no GC might make you inadmissible and your I-485 will need a waiver. Ask your lawyer before you leave to make sure you are not subject to any inadmissibility bar. Keep in mind that many lawyers don't know that much about inadmissibility bars. Make sure you ask a lawyer who is an expert with forms I-601 and I-602.

If your travel plan is not an urgent, then I recommend that you delay your travel plan until you get your GC.
Not to derail this thread :) Assylum and Samdalas40, could you please elaborate. For instance, I was here for years out of status before getting my asylum in January this year. Does that mean I might be subject to inadmissibility bar if I travel without a green card. Would it change after I attain one, meaning I won't be subject to inadmissibility bar with a green card? Thanks.
 

assylum

Registered Users (C)
I was here for years out of status before getting my asylum in January this year. Does that mean I might be subject to inadmissibility bar if I travel without a green card. Would it change after I attain one, meaning I won't be subject to inadmissibility bar with a green card? Thanks.

If you leave the country with RTD before you get your GC, then you will be inadmissible under section 212(a)(9)(b). You will be permitted to re-enter the country as an asylee but your I-485 will need a waiver before it gets approved. A waiver might be available under section 209 for asylees/refugees for humanitarian reasons, family unity, or public interest.

You will not be subject to section 212(a)(9)(b) after your I-485 gets approved.
 
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2ndchances

Registered Users (C)
If you leave the country with RTD before you get your GC, then you will be inadmissible under section 212(a)(9)(b). You will be permitted to re-enter the country as an asylee but your I-485 will need a waiver before it gets approved. A waiver might be available under section 209 for asylees/refugees for humanitarian reasons, family unity, or public interest.

You will not be subject to section 212(a)(9)(b) after your I-485 gets approved.

Got it. Thanks so much for the clarifications.
 

raevsky

Registered Users (C)
Thanks.

No I am an asylee from USA. and I will be traveling by car.
What I meant by my question is whether you asked an asylum in the US being afraid to return to your own country that is Canada. You are an asylee to USA, not from USA.
 
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imm333

Registered Users (C)
What I meant by my question is whether you asked an asylum in the US being afraid to return to your own country that is Canada. You are an asylee to USA, not from USA.

My home country is not Canada, and thanks for fixing the grammer that will lead a better understanding. I am an asylee to the USA.
 

raevsky

Registered Users (C)
how would this affect the 1 year requirement for GC application? Will it be reset?
It would affect your 1 year requirement. It will not be reset. You will be able to apply for AOS after 1 year in the US in asylee status, which would mean your trip to canada will delay your application for the length of the trip.

And do you advice to have my RTD stamped for departure and arrival? to serve as a proof of how long I was out of the country?
yes, you will need to ask both sides to stamp your RTD.

If you leave the country with RTD before you get your GC, then you will be inadmissible under section 212(a)(9)(b). You will be permitted to re-enter the country as an asylee but your I-485 will need a waiver before it gets approved. A waiver might be available under section 209 for asylees/refugees for humanitarian reasons, family unity, or public interest.
It is correct in case you have unlawful presence for more than 180 days
 
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raevsky

Registered Users (C)
Yes the application was within one year, no unlawfull presence, so I guess we should be fine
Were you in status when you applied for asylum?
Did you work without EAD after you applied for asylum?
 

algorithm

Registered Users (C)
It is correct in case you have unlawful presence for more than 180 days

raevsky, assylum, or bigJoe5,

I went to Canada last week for an urgent business trip for 3 days after I filed my GC. My GC is pending and I had over 180 days unlawful presence before I was granted asylum. I came back with RTD without any problem. Does that mean my GC won't get approved because I had over 180 days unlawful presence and I left with RTD.

You made me worry now
 

raevsky

Registered Users (C)
Actually, only in case you have unlawful presence for more trhan a year. Compare.

(i) In general.-Any nonimmigrant who-

(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or

(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.
 
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thankful

Registered Users (C)
The bar is triggered after 180 days, not one year.

But for asylees they routinely waive this bar. So do not worry too much.
 

raevsky

Registered Users (C)
The bar is triggered after 180 days, but you become inaddmissible only after a year.
Only being inadmissible causes an application for AOS to be denied for an asylee, having a bar does not.
 
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