Can I go back to my homecountry?

Y

yuanshaowen

Registered Users (C)
Hi, all,

I need your help on this quesion: I am a granted Asylee with I-485 pending(1 year). I just got Advanced Parole through my husband's employment based I-485 filing. My question is: Can I use this AP to come back after visiting my homecountry? What gonna happen if US immigration officer find out my Asylee status at the custom?

Thanks in advance,

Angela
 
Thanks for all the reply. But I am a little bit confused here. I am not going to use RTD to re-enter US after I visit my home country, I will use the AP which is from my husband's employment-based I-485 filing. I don't understand how I can be denied to re-enter. Please advise.

Thanks,
 
I still don't think you can. You can't go back to your homeland because you are an Asylee. You may not have troble come back to US using AP but you will have troble to get green card. You can consult your lawyer for details.
 
Definitelly, I think that sooner or later you'll have big problems, I have tried several lawyers trying to find out what happens if an asylee goes back to the home country, and all of them say the same "Don't do it".
Keep us posted about your plan.
 
talk to a lawyer

You are well-advised to confer with a lawyer who is very familiar with the asylum law of the United States (note that a lawyer who concentrates in employment-based immigration may not know too much about asylum).

All people who have responded to your original post have said that you should not go. Indeed most people in your situation would not go because the stakes are so high. Put it another way, had a person here said that it was all right for you to travel, you still should not rely on that recommendation without further research.

I can understand that you may have a very compelling reason to make the trip.

So you will need a qualified attorney to look over your entire immigration history and to assess the risk. Only then you will be able to make an informed decision.

If you tell me where you are, I can probably give you the name of a few good attorneys (you may want to send me a private message for that purpose).

To reiterate, most people in your situation would not leave. If you insist on going, seek legal counsel first.

Best wish.
 
Hi, all,

Thank you very much for the reply, but you guys kind of scared me. I've been despairingly waitting for my I-485 for more than two years(filed in June, 2000). There is no any news, however. I just saw some sunshine because I might be able to get GC through my husband's employment-based I-485 filing in about one year. But after reading your replies, looks like I can not take any advantage, in terms of AP. Now, I am concerned whether my husband's I-485 will be affected by my I-485(two are not in same service center). My god, anyone can advise, please.

Thank you.
 
I don't think you need worry about your husband's green card. Actually, you can have your husband sponser your green card based on his employeement green card.( I think you can either choose get your green card through your husband or through Asylum) The thing is: DON'T go back to you homeland before you get any kind of green card.
 
I have a question:
Does anyone extend visa before? i need to extend my canadian visa, but my Travel Document will expired in 4 months!!, is it safe to extend it? or i have to get a new RTD?
thx!!!!!
 
Asylees can definitely apply for residence under ANY provision of law for which they are eligible.

Given that all employment-based visas are currrent, your empoyment-based (derivative) application should be processed before long. When that occurs, you should be able to travel back to your home country without undue risk.

I strongly recommend against traveling on AP for one more reason: you want to preserve your asylee status in case the employment application runs into unexpected problems. Under current law, ONCE READMITTED UNDER AP, A PERSON IS NO LONGER AN ASYLEE/REFUGEE.
 
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