wantmygcnow
Volunteer Moderator
thankful said:
Thankful, can you tell us more details about the case you were representing?
Finally, an USCIS opinion about our endless question
- Thread starter lookingforgreen
- Start date
Thankful, can you tell us more details about the case you were representing?
Hi, guyslookingforgreen said:
I got clear that you might or not have problems going to your COP, but do you guys think that this will apply also for family reason? let me explain my case:
My mother is been sick since last year, she has heart problems and also got diagnosed with hyphotiroidism, last tree months she's been at ER more that five times due to her illness. I was plannig to go to my COP next year as soonest got permit from my employer, to take care of her and also take her to the country's capital for a second opinion about her health situation and find a long term doctor for her treatment. I was plannig to not stay more than two weeks and get all the paperwork from hospital and doctors as a proof of why a did travel to COP. Do you think that might be a strong reason to travel to COP? what should I do ?
wantmygcnow said:
I can only say a little due to confidentiality constraints. Basically the person returned to the country of claimed persecution twice within a short period of getting the green card. The Asylum Office learned of the trips and began the legal process to reassess the asylum grant.
TortFeasor
Registered Users (C)
Full of hot air
It is amazing how people can get exercised over nothing!
The "fact sheet" did not contain anything new and actullly supported opinions held by some of us that there is a large leeway for asylees and LPRs to travel back to COP under the right circumstances. That travel to COP is not per se evidence of fraud. As the information stated you "may" be asked questions if you travelled to your COP and in "in some circumstances" be subject to an action to terminate the asylum status which you can challenge in an immigration court and then federal courts.
(Thankful, I hope you advised your pro bono client that the mere fact that the INS sought to terminate the asylum is not the end of the case and that there are judicial remedies to counter that - you seem to be knowingly and conveniently ignoring that fact when you discuss this issue).
The world is divided into two: those that want to get scared and do nothing and those who know their rights and know how inefficient the INS is and know how to take it to task. The former group, please continue doing nothing. Those of us in the latter group will continue to do what we have to do and beat the INS one way or the other. I love taking the INS to court and get their ass whipped! I cannot wait for the next time. I have the money, the training, the resources and the time to do it so please bring it on!
Cheerio
It is amazing how people can get exercised over nothing!
The "fact sheet" did not contain anything new and actullly supported opinions held by some of us that there is a large leeway for asylees and LPRs to travel back to COP under the right circumstances. That travel to COP is not per se evidence of fraud. As the information stated you "may" be asked questions if you travelled to your COP and in "in some circumstances" be subject to an action to terminate the asylum status which you can challenge in an immigration court and then federal courts.
(Thankful, I hope you advised your pro bono client that the mere fact that the INS sought to terminate the asylum is not the end of the case and that there are judicial remedies to counter that - you seem to be knowingly and conveniently ignoring that fact when you discuss this issue).
The world is divided into two: those that want to get scared and do nothing and those who know their rights and know how inefficient the INS is and know how to take it to task. The former group, please continue doing nothing. Those of us in the latter group will continue to do what we have to do and beat the INS one way or the other. I love taking the INS to court and get their ass whipped! I cannot wait for the next time. I have the money, the training, the resources and the time to do it so please bring it on!
Cheerio
thankful said:
Here comes Thankful with his 'i know a guy who traveled to Mars' stories. DO not believe him, please!!! By the way you are dead wrong. Asylum office or USCIS does not have a final say in denying somebody's benefits or status. We have a judicial system in place which starts with the immigration court where I am proud to work and then goes on to the District Court, Supreme Court, etc. DO NOT TELL PEOPLE THAT THEY HAVE NO REMEDIES AND NO OTHER ESTABLISHMENTS TO ADDRESS FOR FURTHER JUDICIAL REVIEW. I do hope nobody got hurt because of your preachings. You might want to start studying for your citizenship test.
I am off to my COP for New Years! I am scaaaaared!! :} Happy New Year!
So, let me ask all of you a question:
What if I DON'T want to become a US citizen. What if despite all the bad things that happened and may happen upon my return, I still love my country, and want to stay a national. What if I just want to be a LPR and never aply for naturalization?
Does that mean I'll never be able to go back to my country??? EVER???
This country opened the doors for me and offered me a job, a roof, and food on my table, but still, what if I do not want to resign my nationality, and what if I don't want to bear arms for the US?
I still want to live here, where my family is now, where I have children that were born in the US, and were raised the Ameican way. I would just like to go back every now and then, visit family, friends, relive the good ol' times back in my country. And even though that may be MY country, THIS (US) is my home.
So what would happen.....?
What if I DON'T want to become a US citizen. What if despite all the bad things that happened and may happen upon my return, I still love my country, and want to stay a national. What if I just want to be a LPR and never aply for naturalization?
Does that mean I'll never be able to go back to my country??? EVER???
This country opened the doors for me and offered me a job, a roof, and food on my table, but still, what if I do not want to resign my nationality, and what if I don't want to bear arms for the US?
I still want to live here, where my family is now, where I have children that were born in the US, and were raised the Ameican way. I would just like to go back every now and then, visit family, friends, relive the good ol' times back in my country. And even though that may be MY country, THIS (US) is my home.
So what would happen.....?
wantmygcnow
Volunteer Moderator
14ksusha said:
Thankful is one of the most respectful member of this board. You can label me as a goon but Thankful is an actual practising attorney..
What he said about revoking asylum without a judge is correct. Read the law book. If you got your asylum through a judge its a different story.
LETS NOT JUMP ON OTHERS JUST BECAUSE YOU THINK WHAT YOU SAY IS RIGHT.
TortFeasor said:
We are not even there yet. The Asylum Office has not yet made a final decision on termination yet. That Office referred to the case to the central office in DC for review. These kinds of reviews can take forever. After the CIS stage we have the Immigration Judges and the Board of Immigration Appeals before getting the federal courts involved.
Unlike you or me, most people do not have the time, energies, resources or inclination to battle the USCIS. They fought really hard the first time when they won asylum. They want to treasure their immigration benefit. This is the reality that attorneys need to bear in mind when they advise clients--pro bono or paying.
I can tell you that this person deeply regrets making the trip
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14ksusha said:
Stop putting words in people's mouth. I never said anything about remedies. You said without support that the USCIS could not revoke asylum status and I in response cited the applicable federal regulations to the contrary. Rebut me with a contrary cite to the CFR or circuit court decision, not meaningless BS.
wantmygcnow said:
I am not an attorney; I am a law student. Before law school I worked for one year for a New York based immigrant rights organization. Last summer I handled pro bono asylum matters for one of the largest Wall Street law firms.
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TortFeasor
Registered Users (C)
Likewise!
14ksusha: Happy New Year to you too! Have a great trip and enjoy it to the fullest. Believe me that you will have no problem when you return and even if you do, you now have just acquired free legal counsel! Just drop me a line! I also know that you will be a great match for the goons at the INS!
All: Happy New Year to all and there is no need to be tasty about this issue. If you believe that using your NP or travelling to COP will be a problem, then do not use it. On the other hand, as this is a free country, those of us who have the balls to try new things and exercise our rights will continue to do what we do and will let you know when the INS is about to deport us
Cheerio
14ksusha: Happy New Year to you too! Have a great trip and enjoy it to the fullest. Believe me that you will have no problem when you return and even if you do, you now have just acquired free legal counsel! Just drop me a line! I also know that you will be a great match for the goons at the INS!
All: Happy New Year to all and there is no need to be tasty about this issue. If you believe that using your NP or travelling to COP will be a problem, then do not use it. On the other hand, as this is a free country, those of us who have the balls to try new things and exercise our rights will continue to do what we do and will let you know when the INS is about to deport us
Cheerio
14ksusha said:
There is no per se rule either way. In fact under the proper (rare) circumstances even an asylee who is not a permanent resident yet can visit his homeland. The USCIS has accepted that.
The answer here is individual-specific. At one extreme a Pole granted asylum in the 1980's can visit Poland today worry free. On the other hand, a Chinese national granted asylum by claiming to be a top leader of the Tiananmen protests better have a pretty darn good reason for the USCIS.
Got the idea?
The answer here is individual-specific. At one extreme a Pole granted asylum in the 1980's can visit Poland today worry free. On the other hand, a Chinese national granted asylum by claiming to be a top leader of the Tiananmen protests better have a pretty darn good reason for the USCIS.
Got the idea?
rdmo said:
SINNERSROOM
Registered Users (C)
TortFeasor said:
you suck man.
you still keep saying it is okay to go COP. can you read what Fact sheet says ? whatever case u make against them .they will dissmiss it .and if you are lawyer . you know what iam talking about.before "fact sheet" i consulted with a "LAWYER" who owns top law office for over 50 yrs .( he did Nixons case and watergate JUST for you to consider who is he) . he told me dont do it. and you think you are better than him . he told me you cant sue USCIS they will dismiss your case.
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lookingforgreen
Registered Users (C)
Key lines
The last lines of the FAQ document, have an important (key) conclusion:
"Accordingly, an asylee or lawful permanent resident who obtained such status based on 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 circunstances, may be subject to proceedings to terminate asylum status"
The last lines of the FAQ document, have an important (key) conclusion:
"Accordingly, an asylee or lawful permanent resident who obtained such status based on 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 circunstances, may be subject to proceedings to terminate asylum status"
what do you get out of that? You mean or think what i think?
that does not really mean that people will be questioned.I have friends who were questioned why they travelled abroad although they got their GC thru other ways other than asylum.So, i dont really think that asylees with GC are considered to be questioned.It is not a must.they may question people if they see something strange.
that does not really mean that people will be questioned.I have friends who were questioned why they travelled abroad although they got their GC thru other ways other than asylum.So, i dont really think that asylees with GC are considered to be questioned.It is not a must.they may question people if they see something strange.
lookingforgreen
Registered Users (C)
It's clear that this is not a situation they want to have, specially because make them look bad. (like giving protection to the wrong people).
In the other hand is clear that this message is close to violate the principles of freedom and will.
I think is very dificult for them tu put someone in procedures after traveling to COP, but if they don't want you here for another reason, they can use this as pretext.
In the other hand is clear that this message is close to violate the principles of freedom and will.
I think is very dificult for them tu put someone in procedures after traveling to COP, but if they don't want you here for another reason, they can use this as pretext.