Attorney conversation with USCIS regarding passport use

Wow, I am really impressed USA2002. I am glad they helped you like that, I would be horrified if I loose my RTD in a foreing country, Is good to know we can still contact the U.S. Embassy abroad and they will help us.
Did they give you a hard time finding your identity? how did that work?
tell us more.
 
asyleedec2006 said:
Wow, I am really impressed USA2002. I am glad they helped you like that, I would be horrified if I loose my RTD in a foreing country, Is good to know we can still contact the U.S. Embassy abroad and they will help us.
Did they give you a hard time finding your identity? how did that work?
tell us more.
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Even if you are a U.S-born citizen, losing your documents abroad is a very bad experience. I am glad that the United States has a competent and generous corps of diplomats. I know for sure that my native country does not have that.

In terms of confirming identity, I had copies of all immigration documents. Not sure if those helped, they used biometrics to verify (DHS has a pretty big office in Rome that can access all DHS eletronic records).
 
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miami2002 said:
As far as the USCIS is concerned, GC is the only document you need to enter the United States, right?
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That is my understanding. You need to present one of the followings to prove your LPR status: your green card, a DHS travel document or a ADIT stamp. You do not need anything else.
 
miami2002 said:
When I was an asylee only using a RTD going to secondary was routine. But after getting my GC I showed the officers my GC and I was never sent to any secondary. I find the use of RTD to be very convenient. The drawback is that sometime it takes a while to get it from NSC (but they do rush the process if you give them a good excuse).

Ports entry are in Florida and New York.
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I was not referred to secondary after adjustment to green card status either. They just scan my card, ask a few questions and (sometimes) stamp my RP.

Very smooth process.
 
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I think we are overseeing the most important detail:

the US goverment doesn't owe us anything. Being a PR is not a right. It is a priviledge.

USCIS has a lot of flaws, they'll give us lots of hardtimes and headaches, but carrying that little plastic card feels good.

Just watch the news. Doesn't it feel good not having to care about immigration bills?? Or not having to worry about getting fired for not having legal papers? Not being affraid to go to work because CIS might be waiting for you at your workplace??

Some people forget about all that when they are asked a couple of questions at POE.
 
Not sure what your point is.

But I agree with you completely if you are saying that we having received asylum grants and/or
asylum-based green cards are very very fortunate. There are over 10 million people in this country who would kill to have the advantages we have.

Be grateful and happy.
 
Don Chinche said:
I think we are overseeing the most important detail:

the US goverment doesn't owe us anything. Being a PR is not a right. It is a priviledge.

USCIS has a lot of flaws, they'll give us lots of hardtimes and headaches, but carrying that little plastic card feels good.

Just watch the news. Doesn't it feel good not having to care about immigration bills?? Or not having to worry about getting fired for not having legal papers? Not being affraid to go to work because CIS might be waiting for you at your workplace??

Some people forget about all that when they are asked a couple of questions at POE.
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Totally agree. But if you travel a lot like I do, the POE entry procedures are always different. Some want NP..some dont care..some want RTD..some take away your RP or RTD just because.

Yes we are fortunate & I don't blame USCIS for doing their jobs but they shouldn't DO ANYTHNG that is not in the law books. Don't take someone's RTD or RP becase you think that they should have a np...Thats all we are discussing here.
 
[FONT=&quot]Thank you guys all for posting such a helpful and priceless information from your life experience!
But I’m even more confused now: so RTD or NP?
My COP is Russia and I’m going to Ukraine to visit my father I haven’t seen in many years. A thing is that no visa is required for Russian citizens to enter Ukraine so I can easily cross the border with my Russian NP.
But will be I in trouble in USA Port of entry with my NP and valid RTD without any stamps and visas?

I can apply for Ukrainian visa (fee is ~$100) with RTD but it’s an extra hassle and I don’t think they will give it to me.[/FONT]
 
wantmygcnow said:
Don't take someone's RTD or RP becase you think that they should have a np...Thats all we are discussing here.
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The IRS twice made big mistakes on my tax returns. Does it that the whole agency is incompetent or that I can disregard common sense when I deal with them in the future?
 
Irbis said:
[FONT=&quot]Thank you guys all for posting such a helpful and priceless information from your life experience!
But I’m even more confused now: so RTD or NP?
My COP is Russia and I’m going to Ukraine to visit my father I haven’t seen in many years. A thing is that no visa is required for Russian citizens to enter Ukraine so I can easily cross the border with my Russian NP.
But will be I in trouble in USA Port of entry with my NP and valid RTD without any stamps and visas?

I can apply for Ukrainian visa (fee is ~$100) with RTD but it’s an extra hassle and I don’t think they will give it to me.[/FONT]
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It is your choice. But if you ever want to apply for citizenship, be mindful of the fact that by using a Russian passport, you are, in essence, using a benefit that your COP provides to its citizen. So be prepared for questions like how come you used your passport when you did not have to. It may not be a big deal but a possiblity to consider.
 
miami2002 said:
The IRS twice made big mistakes on my tax returns. Does it that the whole agency is incompetent or that I can disregard common sense when I deal with them in the future?
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If IRS made a mistake..you have an outlet. You can go to your local IRS office and fix the mistake. If USCIS makes a mistake..you have to go through lawyers and endless letters to service centers that never get answered.
 
There is always another way!

The INS “verbally advices” “may trigger consideration” – what a bunch of weasely pussies! Why do not they come up with a ban and we will see who gets his ass kicked in Federal Court! I do not hold much regard for the legal interpretations of the INS’ Office of General Counsel. Most of these were probably bottom 10% law students and never made it on law review. That is why they ended up working for the INS anyway.

Their interpretation is not the last word. These dimwits get sued in Federal Court all the time and get their asses kicked.

For those of you who do not cherish the challenge of taking these nincompoops to court, you can continue to defer to their “interpretations” of the law and stay “safe.”

For those of us who in the past have got their dumb asses kicked in court with our winning positions will continue to do what we consider to be fair and reasonable in exercising our freedom to travel. Taking them to court is as good as having a toe-curling, earth-shattering, kitchen-table turning sex! If you want to know those arguments, check out my acclaimed and Pulitzer winning (almost) thesis from a year and half ago.

See link below or search under “Reflections on using NP and visiting COP”:

http://boards.immigrationportal.com/showthread.php?t=206893&highlight=reflections+NP



thankful said:
An attorney has posted on AILA's computer network a summary of a conversation she had with the CIS's Office of General Counsel:


The CIS verbally advises that nothing in the Act or the CFR expressly preclude an alien from using a passport of his nationality. However, the asylee should be aware that under international law a refugee who obtains or renews a passport is presumed to have reavailed himself of the protection of his country. Therefore, use of national passport may trigger consideration of whether termination proceedings should be initiated. It is the long standing position of the DHS that even after adjustment [to LPR status] asylee status is subject to termination.
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TortFeasor said:
The INS “verbally advices” “may trigger consideration” – what a bunch of weasely pussies! Why do not they come up with a ban and we will see who gets his ass kicked in Federal Court! I do not hold much regard for the legal interpretations of the INS’ Office of General Counsel. Most of these were probably bottom 10% law students and never made it on law review. That is why they ended up working for the INS anyway.

Their interpretation is not the last word. These dimwits get sued in Federal Court all the time and get their asses kicked.

For those of you who do not cherish the challenge of taking these nincompoops to court, you can continue to defer to their “interpretations” of the law and stay “safe.”

For those of us who in the past have got their dumb asses kicked in court with our winning positions will continue to do what we consider to be fair and reasonable in exercising our freedom to travel. Taking them to court is as good as having a toe-curling, earth-shattering, kitchen-table turning sex! If you want to know those arguments, check out my acclaimed and Pulitzer winning (almost) thesis from a year and half ago.

See link below or search under “Reflections on using NP and visiting COP”:

http://boards.immigrationportal.com/showthread.php?t=206893&highlight=reflections+NP
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So you are inviting strangers to become your legal guinea pigs? Can you let us know how often do you interpret immigration laws and also how many times have you defeated the Department of Justice in court (immigration cases)?

Thank you for the invitation. We need to know more about you.
 
What is your point?

You obviously have not properly read or comprehended my comment. I was not asking anyone to be a guinea pig. I specifically stated that those who want to take the INS position as the final word, can continue adhering to that.

Thanks heavens I do not have to daily deal with immigration laws. I deal with intersting (most days) and challenging business issues. On the other hand, I have dealt with the INS and DOJ on sufficient number of pro bono cases to let you know that I know what I am talking about. In case you need to know how miserable the INS does in federal courts, please do some research on how the federal courts have low regard for the "jurisprudence" coming out of the INS. The Federal Appeals Court for the Seventh Circuit (specially opinions by the renowned Judge Posner) will make excellent weekend readings.

You need to know about me? Why? If you are a Bushie (you sound like one anyway), you may check out my profile in the illegal surveillance scheme the Village Idiot and Cheney have set up. If my sexual prowess is driving you crazy, send me a PM.

Cheerio

miami2002 said:
So you are inviting strangers to become your legal guinea pigs? Can you let us know how often do you interpret immigration laws and also how many times have you defeated the Department of Justice in court (immigration cases)?

Thank you for the invitation. We need to know more about you.
Click to expand...
 
kalvar said:
As far as I know, Posner is quite a conservative himself.
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Libertarian is a more apt word to describe Judge Posner. I have had the honor of meeting and speaking with him. I venture to say that he is one of the smartest persons alive in America.

Google his judicial opinions reviewing the asylum decisions of the BIA. His writing style is accessible to non lawyers.

The USCIS/INS does take legal positions that are at best debatable. Just see the visa bulletin debacle from last summer wherein they retreated under the threat of imminent litigation (disclosure: I was involved in that matter). On the other hand, many members of the immigrant population are risk-averse. Once they have the coveted green cards they do not want to make waves. To my regret, many potentially meritorious plaintiffs do not want to sue.
 
Irbis said:
[FONT=&quot]Thank you guys all for posting such a helpful and priceless information from your life experience!
But I’m even more confused now: so RTD or NP?
My COP is Russia and I’m going to Ukraine to visit my father I haven’t seen in many years. A thing is that no visa is required for Russian citizens to enter Ukraine so I can easily cross the border with my Russian NP.
But will be I in trouble in USA Port of entry with my NP and valid RTD without any stamps and visas?

I can apply for Ukrainian visa (fee is ~$100) with RTD but it’s an extra hassle and I don’t think they will give it to me.[/FONT]
Click to expand...

Ukranian embassy will give you a visa. I've just got visa to my RTD. They just don't stamp visas if you happened to be Ukranian citizen.
And if you GC holder - I am sure you can travel with Russian passport. I asked three different lawyers. Go ahead and ask yours.
 
It is my duty

NYcancerian:

We may well be but it is my duty to do all that is needed to give comfort and joy to those in need. I am a pretty open-minded guy and I am in the service profession. He is ON FIRE and he wants to KNOW ME.

What I will do to please MANkind.

Cheerio

NYcancerian said:
I'm confused.I thought you were both guys:D!
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