Asylum after J-1 with 2YRR. Is it safe to travel?

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BigSasha

Registered Users (C)
Hi everyone and thanks in advance.

Does anyone have experience of getting asylum after J-1 visa with 2 year home residency requirement?

I'm getting controversial information from BCIS in regards whether asylum automatically waves 2 year requirement. I've got my asylum approved 1.5 years ago, now in adjustment of status. I spoke with few officers, but they are giving different information. Some recommended that I fill 2 yr waiver form.

My main question is whether it will be safe for me to travel. They state that RTD do not give you automatic permission to enter the coutry. Did anyone try to travel in such situation? Obviously, I am not planning to visit my home country...
 
Home residency requirement doesn't affect anyone's ability to travel. It only limits one's ability to get immigration visa or to adjust status to PR.
 
Yes, I understand that. But the question is whether I still have this 2YRR or asylum "wipes it off"?
 
Asylume status overcome everything except GC, such as illegel stay, 3/10 bar. With RTD, there is no problem to return.
 
BigSasha said:
Hi everyone and thanks in advance.

Does anyone have experience of getting asylum after J-1 visa with 2 year home residency requirement?

I'm getting controversial information from BCIS in regards whether asylum automatically waves 2 year requirement. I've got my asylum approved 1.5 years ago, now in adjustment of status. I spoke with few officers, but they are giving different information. Some recommended that I fill 2 yr waiver form.

My main question is whether it will be safe for me to travel. They state that RTD do not give you automatic permission to enter the coutry. Did anyone try to travel in such situation? Obviously, I am not planning to visit my home country...
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DHS regulations AUTOMATICALLY waive the 2 year requirement upon a grant of asylum. This is not an issue for you at all.
 
Gilbert, You're Back! Good Going!

I just wanted to say that I am very glad that I saw a posting from you today.

I am very glad to see you back moderating the group.

Hope you stick around...
 
happy travelling

BigSasha,

I was in your exact situation a few years back. I had my attorney write the former INS HQ in DC. Their response was that this will NOT prevent you from returning on a Refugee Travel Document. Likewise, it will NOT impact your I-485 as long as it is asylum-based. But if the I-485 is based on something else (marriage to an American citizen, for example), the home residence requirement is still in effect and you will have to submit an I-612 waiver application. I think you could check off the persecution box and ask them to waive the requirement on the basis of the asylum grant (it should be pro forma).
 
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