Can derivative asylee ( GC holder now) return to COP

L

liubovche

Registered Users (C)
Hello,

I got my GC couple of months ago. I am a derivative asylee and I want to fly to my COP. I have a valid RTD and a valid NP. Can anybody tell me if I can go straight to my COP and not being asked questions when I leave US why do I go there and also when I return do they question you?
Also when you leave do you only show your green card or you show them your RTD or NP (whatever you have) as well?
 
yes

If you have GC, you can go anywhere you want. But remember go get reentry permit. for use, you coming back from you home country.because you can't show up you GC in you home country.
My wife and I coming back from home country two times have no problem. enter LAX, officer only asks me where are you going? and how long? and said welcome back. I said, you have nice day sir. He did't see me. only look at computer and scan my GC.
You can use you passport and straight go you COP, coming back from you COP, show you country officer you passport and reentry permit(not RTD) enter usa use passport and GC.
If you have no TAX problems
No crime record.
You can reenter USA no problem. good luck, I hope this can hope you. :p
 
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Why we need reentry permit?

Flyman, I do not understand why he needs reentry permit if he has passport and greencard. Is it a problem if he shows the green card at COP? Thanks, Betty
 
Asylees can travel outside the United States with refugee travel documents.1 It is essential that the asylee not return to her home country until she has become a U.S. citizen and can travel with a U.S. passport. If the asylee does return to her home country, DHS could refuse to allow her to reenter the United States on the grounds that she implicitly no longer fears persecution.

Asylees must only travel with a United States issued Refugee Travel Document. If an asylee travels with the passport issued by the country from which she has been granted asylum, she can be seen as availing herself of the protections of her government which could lead to a finding by the U.S. government that she no longer needs asylum protection.

If an asylee accrued more than six months of unlawful presence prior to filing for asylum, he may be subject to the three year/ten year bar and denied entry to the United States if he leaves. While many asylees have traveled and regained entry to the United States, CIS has not issued any official policy indicating that a grant of asylum status forgives unlawful presence when asylees seek to re-enter the United States So, the safest advice to give asylees with more than six months of unlawful presence is to wait until they have obtained legal permanent residence to travel internationally.2

Asylees should understand, however, that even after obtaining legal permanent residence, they will have to use a Refugee Travel Document to travel abroad. It is only after an asylee becomes a U.S. citizen that he will be eligible for a U.S. passport. Asylees should also understand that until they obtain U.S. citizenship they cannot travel back to their countries. When they apply to naturalize, they will have to list all international travel after obtaining legal permanent residence in the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to his country.

Additionally, HIV-positive asylees could, at least theoretically, be denied entry into the United States because they technically remain “inadmissible” even with asylee status. Again, it is safest to wait until after obtaining lawful permanent residence status to travel outside the United States

Individuals who have won withholding of removal or relief under the Convention against Torture, can never travel abroad. Leaving the United States would amount to self-enforcement of a removal order and they would not be permitted to re-enter the United States
 
In most cases, asylees and greencard holders can travel wherever they want with the proper travel document. Liubovche: in your case, you may go back to your country of persecution, and return without problem; however, remember that you want to be a citizen of the United States. Once you apply for citizenship the question of returning of country of persecution comes to the surface. You got your asylum based on the fact that you can not go back to your country of citizenship. If the IO interviewing you for your citizenship learns that you went back to your country, he/she can deny your application and worst case scenario your original grant of asylum can be revoked. This is why the government encourages asylees not to go back to their countries before becoming citizens.
There are many people who go back their country of persecution, and do not have problem to becoming citizens, but you never now….If I had greecard I wouldn’t go back. Few years do not hurt….
 
The question is about DERIVATIVE asylees, so the answer should be different from principle asylees. And, please cite your source; we wanna see how credible it is.
 
I agree with WY007. This is a totally different topic. In my humble opnion, derivate should be free to go back to COP since it's the principal asylees who are fear of persecution from COP, not the derivate. Just use common sense here.
 
We are expressing our opinion and experiences. We are not lawyers. Derivative asylum and asylum are the same. It means the first derives asylum status the latter. The same laws apply. If the country of citizenship is not save for the principal it should not be save for the deravative. common sense...The difference is at the asylum interview if the deravative was included in the principal's application, the deravative must not prove persecution because the principal had proved it. The persecution and the unwillingness of returning to the country of persecution is there for the derivative as well as the principal..
 
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faysal said:
We expressing our opinion and experiences. We are not lawyers. Derivative asylum and asylum are the same. It means the first derives asylum status the latter. The same laws apply. If the country of citizenship is not save for the principal it should not be save for the deravative. common sense...
Click to expand...
No it is not Faysal may be you right but you are wrong in my opinion, because principal asylee means a main applicant, principal applicant was interviewed at the asylum office, deriative asylee came to USA because you told rhe government that I have a immediate family who is living in COP and they want to join you.Deriative asylee does not have(Most of the time) fear of persecution. My opinion deriative asylee is free to go to COP. sometime ago somebody posted about the USCIS ruling about going to COP by deriative asylee, it was clearly mentioned that deriative asylee can go to COP with or without principal.For your reference http://www.immigration.com/newsletter1/nsc110504.html
 
Who knows what USCIS have on it's mind. They can change the law tomorrow and question asylum case if deriative member travels back. U NEVER KNOW. So, if you want to play with them you can. Chances are slim they'll bother you even during the citizenship interview. BUT WHAT IF THEY WILL? Are you willing to put it under the risk? My advise: go to Hawaii instead. Beatiful place.
 
Mr. Jattindc1: I won’t say you are wrong. You really have strong case and evidence to support your claim. I understand that; however, immigration laws are very complex in that it is hard to predict.

I am derivative asylee, and I once traveled. On my way back to New York, I was asked whether I went back my country of persecution. I didn’t go and I had not problem. At that time I was I-94 holder and they had no way to tell whether I was principal or derivative.

Back to your claim in which you said, “you told the government that I have an immediate family who is living in COP and they want to join you”. I live in Washington State and I work with asylees and refugees who want to sponsor their families. Regardless whether you are derivative asylee or refugee, you must meet the definition of refugee; among other things to be considered to be a refugee, the applicant must be out of his country of citizenship. Normally, if a principal applicant in the United States wants to apply a derivative asylum status for someone else, that person “must not” live in COP. We automatically deny applicants whose relatives live in COP. And it is international law. If a person is a refugee in his country that is internal refugee and they are not considered a refugee for the purpose follow to join. If you saw a principal asylee who sponsored his family through the embassy of COP, then that is a special case. I have never seen. In most cases, derivatives come through a third country. And that way they are the same.
 
ernorman said:
Asylees can travel outside the United States with refugee travel documents.1 It is essential that the asylee not return to her home country until she has become a U.S. citizen and can travel with a U.S. passport. If the asylee does return to her home country, DHS could refuse to allow her to reenter the United States on the grounds that she implicitly no longer fears persecution.

Asylees must only travel with a United States issued Refugee Travel Document. If an asylee travels with the passport issued by the country from which she has been granted asylum, she can be seen as availing herself of the protections of her government which could lead to a finding by the U.S. government that she no longer needs asylum protection.

If an asylee accrued more than six months of unlawful presence prior to filing for asylum, he may be subject to the three year/ten year bar and denied entry to the United States if he leaves. While many asylees have traveled and regained entry to the United States, CIS has not issued any official policy indicating that a grant of asylum status forgives unlawful presence when asylees seek to re-enter the United States So, the safest advice to give asylees with more than six months of unlawful presence is to wait until they have obtained legal permanent residence to travel internationally.2

Asylees should understand, however, that even after obtaining legal permanent residence, they will have to use a Refugee Travel Document to travel abroad. It is only after an asylee becomes a U.S. citizen that he will be eligible for a U.S. passport. Asylees should also understand that until they obtain U.S. citizenship they cannot travel back to their countries. When they apply to naturalize, they will have to list all international travel after obtaining legal permanent residence in the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to his country.

Additionally, HIV-positive asylees could, at least theoretically, be denied entry into the United States because they technically remain “inadmissible” even with asylee status. Again, it is safest to wait until after obtaining lawful permanent residence status to travel outside the United States

Individuals who have won withholding of removal or relief under the Convention against Torture, can never travel abroad. Leaving the United States would amount to self-enforcement of a removal order and they would not be permitted to re-enter the United States
Click to expand...

Enorman,

What have you been smoking? Or is the heat affecting your mind? I rolled down the floor laughing after reading your essay.
 
flymen said:
If you have GC, you can go anywhere you want. But remember go get reentry permit. for use, you coming back from you home country.because you can't show up you GC in you home country.
My wife and I coming back from home country two times have no problem. enter LAX, officer only asks me where are you going? and how long? and said welcome back. I said, you have nice day sir. He did't see me. only look at computer and scan my GC.
You can use you passport and straight go you COP, coming back from you COP, show you country officer you passport and reentry permit(not RTD) enter usa use passport and GC.
If you have no TAX problems
No crime record.
You can reenter USA no problem. good luck, I hope this can hope you. :p
Click to expand...

This is soooo wrong!!! You cannot have a passport and reentry permit at the same time. Whether your COp cares about your GC or not depends on what country it is. You are so wrong and I hope innocent folks who just joined this thread are not going to follow your advice.
 
14ksusha said:
I got mine, thank you very much! Which website? Crazyasylees.com?
Click to expand...

Yep, after so many years, your bio should be waived. only if you are between 15 and 79 years old, you should fill out G325. I guess you are not 14. :D :D :D
 
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