Can asylees travel on their national passport

J

Jameel

Registered Users (C)
Hi. I am asking this question here because I know that the subscribers of this mailing list are very knowledgeable and helpful.
A friend of mine, who is also an asylee is faced with a situation where he needs to travel to a country which is in the neighborhood of the country of his origin. He desperately needs to see his mother who has been diagnosed with some kind of disease which is causing the degeneration of her brain cells. She is losing her memory with every passing day. The doctors have told my friend that if he waits long to see his mother, she might not be even able to recogonize him.
My friends problem is that his Mom won\'t be able to come to the US (almost sure that her visa will be denied, she being an asylee\'s mother) but she can travel to a neighbouring country. This neighboring country refuses to give visas to Refugee Travel documents for reasons best known to them. My friend can travel to that country on his national passport (which is valid) and then on coming back can use the same passport to travel to a free port like Hong Kong or Dubai. Now the question is if he uses his RTD to travel from that free port to the US, would that be allowed and would he be allowed entry into US....or would the fact that he had not made the travel from US on his RTD create a problem. I know that this might not be an easy question to answer but when my friend called me today and told me about this, I felt really bad....and I thought that I will try to get some advice from this forum....everyone here seems to be so friendly and helpful. And also, because we are all travelling in the same boat and are all facing problems.

Appreciate your help,
Jameel
 
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Jameel:
It looks like your friend is from India and his mother can travel to Nepal :) It will really be a problematic. Any RTD having any Asian vias on it creats doubts that an asylee has visited his county. There were couple of cases last month caught in NY and deported on the same logic. So better think about another option. Nepal doen\'t allow RTD bearer to land though it was possible earlier. Anyway good luck. Talk to Jack, Alepero, or Gilbert. They are the best people to consult.
 
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Hi RAJARANI
Thank\'s for your information.Could you tell us more detail about deported person from NY. Are they deported from Airport? And what reason Immigration make that deportation? If I visit other country
with RTD so whats the problem to enter USA.
Thank\'s a lot.
 
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Hi Ross. I am not sure about Asian countries but I did travel to UK earlier this year and did not have any problems in going there or coming back to the US. I had applied for and gotten a British visa on my RTD.
 
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Hi Jameel,

  I really sympathize for your friend. I also have an asylee friend who had to listen to his dying father\'s last word\'s through the telephone. Bureaucratic organizations like the INS has no soul or heart. To them we are not human, just numbers and nouns in their laws and regulations.

 Recently Gilbert found the following information regarding Asylees using/renewing their national passport.

"Moreover, in November 99, Mr. Bo Cooper, the General Counsel for the INS , the General Counsel interprets the law for the INS. His interpretations are binding unless overturned by federal courts or more senior people in the administration) cites international law stating that "if a refugee applies for and obtains a national passport or its renewal, it will, in the absence of proof to the contrary, be presumed that he [or she] intends to avail himself the protection of the country of his nationality" and has thus lost refugee status."

 This afternoon I was doing some research on the same subject and I found an INS report about *fradulent* asylees using Canada as a third party transit country to travel/visit their home country. INS considers it an act of fraud and they can investigate/remove asylee status if found guilty. I will try to find that report and post the link in here. I am ponting this out because it coincides with what your friend is trying to do.

     I also agree with your finding that NOT all countries will recognize RTD as a valid travel document and therefore refuse to issue Visa to RTD holder asylee.

 My suggestion is that your friend finds another third party neighboring country that will issue visa to RTD. And if his mother is fit enough she can also travel to that 3rd part country and they can meet there. I know it doesn\'t sound easy in reality but this is the safest (for the asylee) and most realistic way.

 Another suggestion ( this one will require alot of prayers and blessings) is to make an appeal to politicians such as your local Congressman, Senator, US Attorney General John Ashcroft, even President Bush to immediately grant visitor\'s visa for the asylee\'s mother on humanatarian grounds. Like I\'ve said this will take alot of effort, but not so promising results. Besides it would be a long journey for his sick mother to travel.

 Of course the final decision is entirely up to your friend. But please be advised that using his national passport (for any reason) will be considered by the INS as making "avail himself the protection of the country of his nationality" and has thus lost refugee status.

Again, I would like to emphasize that this is not a proper legal advise This is just my humble opinion.
 
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Hi Jameel,

 This is what I found

"An asylee or a refugee is entitled to a Refugee Travel Document. It is common for a refugee to travel to Canada without a Refugee Travel Document due to ignorance. An asylee or a refugee who has made a brief or casual departure to Canada should be routinely paroled to resume asylee or refugee status. However, an asylee or refugee may in fact be returning from a visit to his/her home country, entering through Canada to disguise that fact. Search of his person and effects may reveal a hidden Refugee Travel Document or a passport recently issued by higher government with stamps to establish where he/she has traveled."

More can be read here:
http://www.vkblaw.com/news/threehundredfortythree.htm
 
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Thats right. Countries like UK, Canada will issue tourist/visitor visa to RTD holders (provided that the RTD holder meets all the requirements). But not every country will issue visa to asylees holding RTD. Visa issuing/approval is an autonomus decision of the government of each country.

 Also I am guessing that anything can happen once you leave the US. Imagine an asylee wishes to travel to country X. He receives tourist visa from country X in his RTD and he/she travels there. And in a very unfortunate event that some accident happens ( like being accused of shoplifting, traffiking drugs, etc) there is no sure way of telling how the government of country X will decide. One of the many possibilities is that the government of country X can deport the asylee back to his/her homecountry instead of back to the US.

Just my opinion
 
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New questions could be raised on the same subject but slight variation: "What about after receiving LPR status? Can a former asylee( now a legal PR) renew his/her national passport without violating any INS policies?(I\'m guessing I\'ll have to look in the INA where it specifies on how a LPR can lose his/her status). And can that LPR still apply for the RTD now that he/she has been approved for LPR status?

 I know Immigration laws can be extremely language specific and does not cover every possible issue, but nonetheless this is a good question.
 
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Based on the reports/stories I have read I assume that if the INS agents at the airport check point suspect that asylee has visited his home country (usually the tell-tale sign such as visa from neighboring country in the RTD) they will call US Customs agents to conduct thorugh search. If they find solid hardcore evidence such as asylee\'s national passport with signs of violation to CFR 8 (Bo Cooper Referral Memorandum)the agents will likely to detain the violator and send to IJ for a hearing.
 I mean that is one good thing about the American justice system, you are innocent until proven guilty.
  With a good lawyer representation you can make appeal such as you visited your home country for a life and death reason, that you avoided contact with authorities in your country, blah...
  
  Keep in mind that I am just guessing what can happen based on what I know. This is not a suggestion of any kind or legal advise.
 
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It\'s very unlikely in my opinion that even such violation will result in instant deportation from the airport.

Based on the reports/stories I have read I assume that if the INS agents at the airport check point suspect that asylee has visited his home country (usually the tell-tale sign such as visa from neighboring country in the RTD) they will call US Customs agents to conduct thorugh search. If they find solid hardcore evidence such as asylee\'s national passport with signs of violation to CFR 8 (Bo Cooper Referral Memorandum)the agents will likely to detain the violator and send to IJ for a hearing.
 I mean that is one good thing about the American justice system, you are innocent until proven guilty.
  With a good lawyer representation you can make appeal such as you visited your home country for a life and death reason, that you avoided contact with authorities in your country, blah... Even with such appeals there is no guarantee that the violator will be dismissed from the trial.
Keep in mind that I am just guessing what can happen based on what I know. This is not a suggestion of any kind or legal advise.
 
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JackArcherNew, I really appreciate your help and guidance. I have asked my friend to check it out before making any decision.

Thanks,
Jameel
 
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This is what a senior immigration official has to say about the issue:

"In theory, the INS could re-examine your case, but practically, the agency probably won\'t just because a U.S. permanent resident decided to return home for a visit, said Bill Strassberger, an INS spokesman in Washington. Now that you\'ve received permanent residency, you are no longer an asylum seeker, and you should have the capability to travel as any other permanent resident.

In addition, the INS is aware that country conditions change over the years, Strassberger said. And while the conditions in your country years ago may have warranted the approval of your asylum application, the agency is aware that conditions may have improved. The agency does not have a policy of checking up on old asylum applications to see whether country conditions have remained the same."

HOWEVER, some attorneys advise their clients not to make the trip until they become citizens.

Sorry, there is no clear-cut answer.
 
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Hi Jack, as you might know I do not have any experience on this issue. I know asylees that went back to their home country after they actually got the GC. That doesn\'t necessarily mean that all residents through asylum, will successfully be re-admitted.
As for the LPR applying for RTD, I extracted this from Instructions in INS form I-131: "Refugee Travel Document. If you are in the United States in a valid refugee or asylee status, or obtained permanent residence as a direct result of refugee or asylee status in the US you may apply for a refugee travel document..."
Note that they continue linking the RTD to asylees even after they got LPR. But also, the word "may" is not implying a mandatory action.
So, I believe this is not clear at all. Though someone could pressume there won\'t be problem, the safest way is to wait until becoming US citizen. But the question arises is it really required to wait four more years (at the best)?.
 
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Somehow the answer is hidden in that statement. Theoretically there could be a problem, but in practice there won\'t. So, would you take a chance?
On the other hand, the last part is totally true. Once you get the LPR you are no longer an asylee and have the same rights and obligations as any other LPR and should be allowed to visit your home country.
Trying to make an analogy. A spouse of a LPR (or citizen) gets LPR as derivative. Suppose that after he/she gets the LPR, they divorce. Does he/she lose his/her LPR status because the link with original petitioner is broken? The answer is no (as far as I know)
Similarly, an asylee gets LPR and visit homecountry. Does he/she lose his/her LPR status because his/her trip breaks the asylee condition, and thus the link to LPR? The answer should be no, also.
 
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Hi Alanpero,

  For a better reason (other than the INS regulation) I am really unable to go back (or even sneak in from a neighboring country) to my home country: the government there has issued a warrant of my arrest in the national media. For that same reason I know for sure I cannot renew my passport even if I wanted to.

 Thank you for clarifying on the asylee LPRs being able to apply for RTD.
 
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Hi Jack

You went to interview for stamping your passport.Was your is national passport? It was Valid passport or you took RTD? Did the immigration officer ask you any thing about passport?

Thank\'s a lot
 
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I very much doubt that an asylee has been subjected to deportation at a port of entry, as the law exempts asylees and refugees from the dreaded expedited removal process.

All an inspector can do is to initiate regular removal proceedings with the immigration court. There will be a full merit hearing during which the asylee can be represented by counsel. Moreover, the decision of the immigration judge can be appealed to the Board of Immigration Appeals and the federal circuit courts. This will take a long time.
 
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Thanks for the post. Do you know if the accused asylee will remain in an immigration detention center during the hearings, appeals etc?
 
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