BIA: Refugee loses protective "refugee" status once adjusted to LPR

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windywd

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See the two attachments.

Note asylees are admitted as "immigrants", and after one year they will be "regarded as" permanent residents.

Asylee "adjust" their status to LPRs after one year, and the date of residence is one year before AOS, not the date of admission for refugees.

I think it is quite clear to me that asylee loses "asylee" status once becoming LPR.
 
This document describes only refugees. Do you think it applicable to asylees turned LPR's?
 
apparently refugees are different than asylees. these documents only apply to refugees and yes, they are not considered refugees anymore once they become permanent residents. that is why many of them go back to their COP after they get their green card and that does not affect them in any way.
 
rustik said:
This document describes only refugees. Do you think it applicable to asylees turned LPR's?
Click to expand...

Sooner or later, people are going to ask Appeals Court squarely that question. The Court is going to weigh several factors, the similar ones raised in 3rd Circuit. It looks to me that either way it will affect some of the LPR derived from asylee status.

If asylee does not lose his status, then those who committed certain crimes will not be deportable, as the law stipulates that you have to commit a "serious" crime to be removed. Immigration Court will review on a case-by-case basis for that matter. Even if Court decides that you are removable, it may grant asylum at its discretion, based on past persecution.

If asylee loses his status, then all those folks traveled to COP seem to get a break, since no law prohibits LPR return to country of origin.

However, here is the catch: If USCIS can prove that you did not meet the definition of "refugee" on the eve of AOS, they can still revoke your status, even if Court decides that asylee is no longer asylee for this purpose. That is why attorneys strongly recommend against traveling to COP right after AOS. Those trips can certainly be used for USCIS to "reasonably" conclude that you did not need protection from U.S. when AOS happened, unless there was significant event happened between your AOS and travel.

USCIS is facing a tough choice.
 
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BTW our AOS took years as oppose to today's several months. The law in US works on precedent basis often times, according to my unprofessional observations.

Here is the question do you know any LPR (former asylee) who's status was revoked purely based on visiting COP and BIA confirmed that decision? Did that ever happen? That would be interesting to know.
 
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It certainly happened:

I know (I forgot which circuit) that one Indian guy was removed as his agent pleaded guilty for fraud, then they concluded his asylum application was fraudulent. (His agent was soliciting Indians from New Jersey to California to come to San Francisco to fake their asylum cases and get approval.)

Several Chinese guys were also deported as they went to China right away and every year. One guy even became some locally-prominent businessman.:D And, ha, one guy turned out to be some pro-commi activist after asylum. :D:D(I believe that is 9th Circuit and 1st Cicuit).

One guy's deportation (from Liberia) was defeated in 4th Circuit as USCIS alleged that the country condition improved, evidenced by State Dept report. However, the Court acknowledged that the country condition over there is ever changing and USCIS failed to perform individualized analysis of whether he may face persecution or not. I also know several Iraqi's removals were also defeated for the same reason.

That is all I know.:)
 
You mean Iraqis were removed even after geting their green cards because of the changed condition? All Albanians should be removed along with thousands people from former Yugoslavia. I know a lot of such people.
 
See attached.

Mr. Barany was admitted as asylee and later LPR. He abandoned his status by returned to Iraq for 3 years, and re-applied for asylum. His second asylum application was declined by USCIS and BIA. 2nd Circuit vacated the BIA decision, reasoning that USCIS has to take account of individualized situation - a Kurd, a previous asylee and LPR and employee of U.S. government contractors, versus all other Iraqi citizens.
 
Thanks! This is interesting.

However that particular case is not based purely on a visit. The guy lived there 3 years! Any GC, let alone asylum based, would be revoked. But thanks anyway. Good to know.
 
Purely travel to COP? I believe there are a couple of Chinese asylees cases decided in 1st and 9th Circuit for the reason mentioned in my previous post. I will post later since it is very hard to single out - Chinese names appear to be all the same. :D

My conclusion is:

Do not let them think that you are abusing the system, otherwise it is fine to travel for good reason.
 
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