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DHS debated (internally) RTD issues
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- Start date
It is from 2005 but I thought that some of you might want to read the attached files.
I remember those dibates back in 2005. It gave me a hope, but unfortunately haven't happened. Let's hope some time in the future...
It is from 2005 but I thought that some of you might want to read the attached files.
Very helpful information.
Couple of things from USCIS reply made me wonder:
1-"Under the current statutory construct both refugee and asylum
status are limited to one year, at the end of which the individual must apply for adjustment of status to permanent residence."
As far as I know asylees does not have to apply for LPR. Only refugees must apply, but asylee may or may not do so.....!
2-USCIS is talking about customers confusion..... That a lame excuse.
"For asylees, adjustment to permanent residence is predicated on whether the situation that caused them to be granted asylum has continued for a year."
USCIS Deputy Director keeps referring to one year deadline where supposedly USCIS reevaluates cases for asylees / refugees since both "must" apply for LPR.
These letters show that internally USCIS has strong group of individuals who I guess like to control asylees / refugees / LPRs and others.
Most EU countries give multiple year RTDs.
The problem is that even asylee based LPRs who want to get RTDs can not do it for multiple years even though "green card" is good for 10 years.
USCIS position for RTDs is in conflict with their own logic and reasoning.
I guess unless someone will bring lawsuit in federal district court, nothing will change. Hey, maybe Congress will finally revise "outdated" immigration laws and put some SENSE in the process.
Very helpful information.
Couple of things from USCIS reply made me wonder:
1-"Under the current statutory construct both refugee and asylum
status are limited to one year, at the end of which the individual must apply for adjustment of status to permanent residence."
As far as I know asylees does not have to apply for LPR. Only refugees must apply, but asylee may or may not do so.....!
2-USCIS is talking about customers confusion..... That a lame excuse.
"For asylees, adjustment to permanent residence is predicated on whether the situation that caused them to be granted asylum has continued for a year."
USCIS Deputy Director keeps referring to one year deadline where supposedly USCIS reevaluates cases for asylees / refugees since both "must" apply for LPR.
These letters show that internally USCIS has strong group of individuals who I guess like to control asylees / refugees / LPRs and others.
Most EU countries give multiple year RTDs.
The problem is that even asylee based LPRs who want to get RTDs can not do it for multiple years even though "green card" is good for 10 years.
USCIS position for RTDs is in conflict with their own logic and reasoning.
I guess unless someone will bring lawsuit in federal district court, nothing will change. Hey, maybe Congress will finally revise "outdated" immigration laws and put some SENSE in the process.
Your observations are correct. The regulations state that a grant of asylum is indefinite in duration. There is no requirement to apply for adjustment of status and one can continue in asylum status indefintely.
The letter was just an excuse for keeping the status quote.
Your observations are correct. The regulations state that a grant of asylum is indefinite in duration. There is no requirement to apply for adjustment of status and one can continue in asylum status indefintely.
The letter was just an excuse for keeping the status quote.
There is no other explanation for one year policy for RTDs other than that USCIS wants to "control" immigrants.
Since asylees / refugees are given "indefinite" status, restricting RTDs for one year is in direct conflict of their status.
Customers are confused now as their travel plans get disrupted, they have to reapply for RTDs over and over and wait for months, pay excessive fees, etc.
I am hoping that USCIS Ombudsman will not give up and will keep putting pressure on USCIS management.