can a refugee return to his home country ?

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cooldoc80

Registered Users (C)
hi all , i'm new to this site , i want to say nice work guys , lots of information and help here , I hope to find help with my question

I will come to usa as a refugee , is it possible after on i get my Green card to return to my origional country (IRAQ) which i escaped from and stay there for a year or so (of course i will come and go to states each 6 months)

the myths i heard is that as a refugee I can NEVER EVER return to my origional country BUT IS THIS TRUE AFTER I GET THE GREEN CARD


I would really appreciate it if sombody could answer me
 
According to what I know

As far as I know either you're still a refugee or become a resident through refugee status, you're not expected to return to your home country unless you become a US citizen.
 
Are you looking for a way to go back even before admission to US as a refugee? It is amazing. I am not trying to judge you but if you can go back why waiting for admission to US as a refugee? It just does not make sence to me. Could you explain that if you can go back or haveing no problem to go back, why asking for protection?
 
its complicated

hi pete i know your right my situation very complicated , first of all i havent seen my country in 3 years and i'm applying from a neighboring country the problem i have to return for atleast one year becoz i made a finanscial commitment when i accepted a scholarship funded by my goverment(before the war) so i have to return for one year so i wont have to pay the fees of my study in the neighboring country

there are some parts in my country which are relatively peaceful BUT STILL these parts are not the same ethinicity as me so it would be ok to stay there for a year but i even need a residency card there although practically its a part of my country???!!!
 
Cooldoc80, it is not a myth! lol. If you use your logic a little bit, you will realise that it is a legitimate and sensible claim.

This is a very sensitive issue and has been touched and discussed so many times. You probably won't get the answer you are looking for that easily on this forum.

Until a few years ago, refugees used to be able to travel back and forth to their home countries as soon as they became permanent residents. That is because there was no legal immigration clause prohibiting them from doing so. However, the law has changed and the immigration authorities clearly advise refugees not to do that. Here is the link to the USCIS fact sheet about this:

http://www.uscis.gov/files/pressrelease/AsylumTravel122706FS.pdf

As you can see it clearly states that: "Returning to one’s country of claimed persecution may be relevant to a number of termination grounds. For instance, asylum status could be terminated based on a fundamental change in circumstances in the asylee’s country of persecution. Termination could also occur due to fraud in the asylum application such that the asylee was not eligible for asylum. Return to the country of feared persecution can, in some circumstances, be considered evidence that the asylee’s alleged fear of persecution is not genuine. In addition, termination of asylum status could occur if an “alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality . . . by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country. Accordingly, an asylee or a lawful permanent resident who obtained such status based on a grant of asylum status may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum status."

So you see, they strongly advise refugees not to do that and in case you do it, it can lead to many termination grounds. You will be questioned about it and if your story is not convincing enough, which most of the time it isn't, your asylum case will be terminated and you will be deported back to your country of claimed persecution, which is what happens most of the time. In your case, I am getting the feeling that you won't have a convincing story since you mentioned that: "... stay there for a year or so (of course i will come and go to states each 6 months)" and your case will most probably get denied.

If you are a Derivative Asylee, that is a totally different story. I believe that they can travel to COP with no problem because they are not the principal asylees and unless they will be persecuted directly in COP, they should be able to travel freely and if questioned about it, have a convincing story.

When you become a US Citizen, however, this whole thing completely changes. They still have not change the law and once you become a USC, you can travel back and forth whenever you want. But again, that really depends on how serious your persecution claim was, if it was legitimate, and if you really will be persecuted in your COP if you go there.

Any other opinions regarding this matter?
 
yahia08 said:
Yes, refugee is lightly different from Asylee(political)
Read a lot the INA to be sure...
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I don't think there is any diffrence as far as going back to COP is concern.As far as I know the only diffrence is that asylee applies for protection inside US and refugee does it oversease.
 
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cooldoc80 said:
hi pete i know your right my situation very complicated , first of all i havent seen my country in 3 years and i'm applying from a neighboring country the problem i have to return for atleast one year becoz i made a finanscial commitment when i accepted a scholarship funded by my goverment(before the war) so i have to return for one year so i wont have to pay the fees of my study in the neighboring country

there are some parts in my country which are relatively peaceful BUT STILL these parts are not the same ethinicity as me so it would be ok to stay there for a year but i even need a residency card there although practically its a part of my country???!!!
Click to expand...

Going back before becoming USC is not a good idea at all. I wouldn't worry about finanscial commitment to the government of the country I don't live in it. If someday I decide to go back for good either will pay them back or do my commitment if it is still the option.
 
thanks to all

dear

tributeblinky

yehia

pete

mh

thanks for your help and time , i wanted concentrate on one point here

the difference between asylee and refugee , i think yehia was right about it as from what i know asylee is a person who is theretened specifically while in my case a refugee like many of iraqis who fled away is due to ethinicities and religous problems in general of course there is always a personal aspect to the refugee condition as well

i heard of some people returned as refugee to there country (but after getting green card) but i dont know how the officer will deal with them when they return from there visit

and another point is if the country of a refugee settele down and become more secure (form usa perspective ) would it then be normal to return


thanks for all your time replying friends , i'im really happy to find this site where we could share our thoughts and ideas

salam
 
and another point is if the country of a refugee settele down and become more secure (form usa perspective ) would it then be normal to return
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that means changes in your COP, which can also lead to the termination of your asylum status/PR.

it's totally up to you to make a choice and decide what you should do. you might go and come back and go through the immigration with no problems, or get into serious trouble with the immigration authorities.
 
Once you are admitted to the US, you will be given I-94. If the stamp on your I-94 says admitted under section 206 which is a refugee status, you don't even need to get a greencard. You can apply for a refugee travel document within six months and go back to your country without any problem. If the stamp says admitted under section 208 which is an asylum, it a different story.
There are also other categories, but I am not familiar with those.
 
thanks faysal

actually i havent reach there yet still waiting security check , but i asked my friends who already reached and its written 206
 
From USCIS's "I Am A Refugee Or Asylee, How Do I Get A Refugee Travel Document" fact sheet:

http://www.uscis.gov/USCIS/New Stru.../Resources-3rd level/How Do I Guides/D4en.pdf

"Can I travel back to the country where I experienced past
persecution or claim a fear of future persecution?

Yes. However, if you have been granted asylum, you should be aware that your grant of asylum may be terminated if, among other things, it is determined that you voluntarily availed yourself of the protection of your country of nationality, you have acquired a new nationality, or you are no longer eligible for asylum due to a fundamental change in circumstances. Similarly, your asylum status may be terminated if there was fraud in your application such that you were not eligible for asylum. Therefore, if your travel suggests that you may have re-availed yourself of the protection of your country, you should be prepared to explain how you were able to return to the country from which you fled.

If you have been admitted as a refugee, your status may be terminated if the U.S. Government determines that you were not, in fact, a refugee at the time you were admitted to the United States as a refugee. As a result, if your travel patterns indicate that you did not experience past persecution, that you did not have a well-founded fear of persecution on account of a protected ground, or that you persecuted others, you may need to explain your travel to that country to avoid losing your refugee status."
 
tributeblinky said:
From USCIS's "I Am A Refugee Or Asylee, How Do I Get A Refugee Travel Document" fact sheet:

http://www.uscis.gov/USCIS/New Stru.../Resources-3rd level/How Do I Guides/D4en.pdf

"Can I travel back to the country where I experienced past
persecution or claim a fear of future persecution?

Yes. However, if you have been granted asylum, you should be aware that your grant of asylum may be terminated if, among other things, it is determined that you voluntarily availed yourself of the protection of your country of nationality, you have acquired a new nationality, or you are no longer eligible for asylum due to a fundamental change in circumstances. Similarly, your asylum status may be terminated if there was fraud in your application such that you were not eligible for asylum. Therefore, if your travel suggests that you may have re-availed yourself of the protection of your country, you should be prepared to explain how you were able to return to the country from which you fled.

If you have been admitted as a refugee, your status may be terminated if the U.S. Government determines that you were not, in fact, a refugee at the time you were admitted to the United States as a refugee. As a result, if your travel patterns indicate that you did not experience past persecution, that you did not have a well-founded fear of persecution on account of a protected ground, or that you persecuted others, you may need to explain your travel to that country to avoid losing your refugee status."
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tributeblinky:

Do not confuse yourself with immigration laws on the web. Gongress makes the laws, and they change all the time. Many of the immigrations you see may not be enforced.

And by the way, you have a chance right now to stay your country. If you choose to come here, I promise you you are going to be in 2020 and still going back to your beloved country. Many of us here were asking the same question before we even came here 12 years ago, and still we are here...If you choose to leave your country, that is a permenant move...don't worry about refugee travel document...you will become a US citizen and still stay here for a variety of reasons.... good luck and welcome to the country immigrants hope for going back to their original countries is always alive..
 
faysal,

what your telling me is like saying that, the speed limit in the freeway is 65 mph, but that is never enforced by the highway patrol and we can all drive above 90 mph and nothing will ever happen and we would never get a ticket and get punished! yes, you might not get pulled over every time you drive outside the speed limit, and people do it all the time, but there is a high probability that you will get caught one of those times, get a ticket and have to pay the fine.

i rather give people references to immigration laws than give them my personal opinions and share personal experiences. each person has to make their own decisions in the path to their immigration goals and the circumstances vary from one to the other. there is no definite way you can ensure that two people have the same experience. the merits of our immigration statuses, the countries we come from, the political relationships between US and our COP and the immigration officers we deal with, might all be different. so it is in each person's best interest to know exactly what the immigration laws are and then make their personal decisions, hope for the best and expect the worst.

all i am trying to advise here is that, many asylees/refugees with different immigration statuses (either still asylees, or they have become permanent residents or even US citizen already) travel to their COP and they all have different experiences. but out of all those people, the ones that have already become US citizens will have the least (almost 0) likelihood of having any immigration problems than the ones with green cards, followed by the ones with just the asylee/refugee status.
 
cooldoc80 said:
hi all , i'm new to this site , i want to say nice work guys , lots of information and help here , I hope to find help with my question

I will come to usa as a refugee , is it possible after on i get my Green card to return to my origional country (IRAQ) which i escaped from and stay there for a year or so (of course i will come and go to states each 6 months)

the myths i heard is that as a refugee I can NEVER EVER return to my origional country BUT IS THIS TRUE AFTER I GET THE GREEN CARD


I would really appreciate it if sombody could answer me
Click to expand...



Cooldoc,

You may want to visit the following link:

http://www.uscis.gov/portal/site/us...nnel=385d3e4d77d73210VgnVCM100000082ca60aRCRD


If the link does not work, got to the OFFICIAL USCIS Website www.uscis.gov and type "refugee" in the search box, you will find the following information:


"Traveling Abroad

If you have refugee status and want to travel outside the United States, you will need to obtain a Refugee Travel Document in order to return to the United States. If you do not obtain a Refugee Travel Document in advance of departure, you may be unable to re-enter the United States. If you return to the country from which you fled, you will have to explain how you were able to return safely. "

While refugees follow a different process on how they arrive to the U.S., and the rules applying for their Permanent Residence (GC); refugees are still questioned when returning to their home country.

I don't mean any disrespect, but it's really common sense, why run away and seek protection, just to return? an action as such is fradulent in nature.

The 'myth' you mention is part true and part false. You can return to your home country or Country of Prosecution (COP) after you become a U.S. Citizen, NOT after you get your green card.

You are very fortunate to have been granted refugee status, there are millions in the world displaced from their home countries, waiting for such opportunity. Be thankful and use it well.
 
tributeblinky said:
faysal,

what your telling me is like saying that, the speed limit in the freeway is 65 mph, but that is never enforced by the highway patrol and we can all drive above 90 mph and nothing will ever happen and we would never get a ticket and get punished! yes, you might not get pulled over every time you drive outside the speed limit, and people do it all the time, but there is a high probability that you will get caught one of those times, get a ticket and have to pay the fine.

i rather give people references to immigration laws than give them my personal opinions and share personal experiences. each person has to make their own decisions in the path to their immigration goals and the circumstances vary from one to the other. there is no definite way you can ensure that two people have the same experience. the merits of our immigration statuses, the countries we come from, the political relationships between US and our COP and the immigration officers we deal with, might all be different. so it is in each person's best interest to know exactly what the immigration laws are and then make their personal decisions, hope for the best and expect the worst.

all i am trying to advise here is that, many asylees/refugees with different immigration statuses (either still asylees, or they have become permanent residents or even US citizen already) travel to their COP and they all have different experiences. but out of all those people, the ones that have already become US citizens will have the least (almost 0) likelihood of having any immigration problems than the ones with green cards, followed by the ones with just the asylee/refugee status.
Click to expand...

tributeblinky:

Sorry man: I didn't mean to qoute you and I didn't mean to respond to your post. I was just trying to warn that the guy in Iraq not to confuse himself with immigration laws. When you are outside of the US, and you are surfing the net to get a definitive answer, it is very complicated. Even experienced immigrations attorneys sometimes has it wrong.

Again sorry man. I didn't mean to disregard your opinion...
 
Asylee or Refugee..They both follow the same U.N convention for refugees. An asylee is also a refugee, only the U.S law differs between asylee/refugee as to how to issue them a GC(with resident since date of refugee his entry date).

With that being said, an asylee who becomes an LPR is same as a refugee who becomes an LPR. Both are suffering persecution from a foreign government and may be harmed if returned.

I would suggest to the OP that he doesn't return to his country for a "year or so" because that will raise concerns if you are really a bonafide refugee in the first place, not to mention that you have to maintain residency to keep your GC. It can get complicated, I would suggest that he travels for few weeks but not long to jeapordize his status in the U.S.
 
listen I'm from Iraq and now I'm a political asylum here in the US, and for me I can't go back to Iraq cuz I'll get killed, it's that simple I've been a journalist with a US based media and therefore I got death threats, shoot at and escaped death don't know how, I wish if it was safe and I can go back, back there I have a good job a family my best friend and my entire life but me like many others here had to leave everything behind to get a new safe life, these days I have been meeting a lot of Iraqis who worked with US forces as translators and they are actually not as risk but it's just that they will get more money doing the same job when they get a green card cuz the contract will be signed here in the US, if your life is really threaten back there then you wouldn't be asking about going back, but you are not even here in the US and you wanna go back, people like you are the ones that taking other people chances, people who really fear on their life, I wish you IO read this and keep you wherever you are.
 
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