asylum from serbia,GC and new NP

I

ianyu

Registered Users (C)
dear all,

I received my GC through asylum case (Serbia - at the time former Yugoslavia). Finally, after so many years, Serbia will start issuing passport with Serbia on it and not Yugoslavia. Will it be ok for me to get myself a new passport from Serbia and use it with my GC so to avoid this tremendous hassle with RTD? will it be legal from USCIS point of view?

thanks all:)

Ianyu
 
ianyu said:
dear all,

I received my GC through asylum case (Serbia - at the time former Yugoslavia). Finally, after so many years, Serbia will start issuing passport with Serbia on it and not Yugoslavia. Will it be ok for me to get myself a new passport from Serbia and use it with my GC so to avoid this tremendous hassle with RTD? will it be legal from USCIS point of view?

thanks all:)

Ianyu
Click to expand...

Yes in my opinion you are ok because conditions have changed. Make sure you don't have a RTD + NP in hand..theoretically you cant have a RTD if you have a NP. RP is ok with a NP.
 
ianyu said:
dear all,

I received my GC through asylum case (Serbia - at the time former Yugoslavia). Finally, after so many years, Serbia will start issuing passport with Serbia on it and not Yugoslavia. Will it be ok for me to get myself a new passport from Serbia and use it with my GC so to avoid this tremendous hassle with RTD? will it be legal from USCIS point of view?

thanks all:)

Ianyu
Click to expand...

My friend is an asylee with a GC from Yugoslavia. She obtained a NP from Croatia and has been traveling on it for a few years. She has a citizenship interview on Feb 27. I will let everyone know if the officer said anything about her obtaining a NP.
 
vdostoi1 said:
My friend is an asylee with a GC from Yugoslavia. She obtained a NP from Croatia and has been traveling on it for a few years. She has a citizenship interview on Feb 27. I will let everyone know if the officer said anything about her obtaining a NP.
Click to expand...

So my friend who is from Croatia and who received asylum in the US due to events in former Yugoslavia went for her citizenship interview on Feb 27th. She has applied for and received and has used a Croatian passport and has traveled to Bosnia/Croatia a number of times using her passport for pleasure. The officer that interviewed her only asked her how she got her green card and did not mention anything related to her travel abroad. Her application was approved. Just figured I would let everyone know.
 
I had no problem

Got GC in 2004 (dated 2003) and naturalized in 2008. Renewed passport through consulate in CHI in 2004, traveled to cop many times since 2004. IO knew about the country and was very friendly, was done in 10 minutes.
 
Go right ahead and in these situations (Yugoslavia fell apart, Commis gone from Eastern Europe to Russia) you will not have any problem.

USCIS will still grant you permanent residency even though they know the conditions of these countries changed, unless they have other issues with you (for example you had a criminal record). Years back they tried to revoke asylum status for Ukrainians as a group, and it triggered such a big revolt therefore they decided as a USCIS policy they will not do it (by law, it is another story - "fundamental change of conditions" is one of the criteria you have to meet to get GC).

USCIS cites "fundamental change of conditions" when they try to revoke asylum or PR status only for those who they believe committed fraud, more or less. I view that as a technical matter: it is much easier to prove change of conditions than prove your "intent" to defraud.
 
windywd said:
Years back they tried to revoke asylum status for Ukrainians as a group, and it triggered such a big revolt therefore they decided as a USCIS policy they will not do it (by law, it is another story - "fundamental change of conditions" is one of the criteria you have to meet to get GC).
Click to expand...


It was pretty much for all asylees from the Soviet block. Congress had to step in and pass a special law saying that INS could not revoke the asylum status of those folks. The law also provided that if your asylum status was already taken away you could still adjust. The Polish-American lobby worked hard to push the law through but they were not successful in permanently amending the INA to bring refugees and asylees to parity.
 
Last edited by a moderator:
thankful said:
It was pretty much for all asylees from the Soviet block. Congress had to step in and pass a special law saying that INS could not revoke the asylum status of those folks. The law also provided that if your asylum status was already taken away you could still adjust. The Polish-American lobby worked hard to push the law through but they were not successful in permanently amending the INA to bring refugees and asylees to parity.
Click to expand...

Thankful,

Thanks for the clarification. I think this failed effort leaves the secret weapon to USCIS if somehow they don't like you.
 
windywd said:
Thankful,

Thanks for the clarification. I think this failed effort leaves the secret weapon to USCIS if somehow they don't like you.
Click to expand...

I am surprised that they have been very laidback about the requirement to prove continued entitlement to refugee status at the time of adjustment under section 209(b).
 
Well, I think if they are getting stringent on this, it will probably require interview for almost every AOS case. They don't have that kind of resources. But apparently they are aware of this problem and going after at least half a dozen of them in my district.
 
You must log in or register to reply here.
Top