Finally, an USCIS opinion about our endless question

Woosterlad,

When you applied for NP at your COP's consulate, don't tell them that you are a GC holder - it's really none of their business. Just tell them that you are out of status.

Like you said, it's common sense. I feel totally confident visiting my COP once in two years or so. However, if you 'overvisit', logically you need to be prepared for questions, and you'd better have very strong reasons why you have to visit every so often.

For me, the reason why I applied for Asylum was because I had been discriminated all my life by the government system just because of my race. However when I go visit, I was just a tourist, so the discrimination I experienced while living there doesn't really apply when I'm just there to visit. Plus, the political situation has changed quite a lot in the last few years.

One may argue that this change could give grounds for INS to revoke my GC, which I'd think would be the stupidest thing to even argue about. I believe INS has lots of work to do before they even think about making one's life difficult for no reason.
For me, my life is here in the US. I definitely wouldn't do stupid things, for example: selling my property just before I go visit my COP and then stay there for a year or so. Or worse, doing business from there, etc. Again, just use your common sense.

However, for those who feel that it's not safe to go to their COP, I'd strongly recommend to follow whatever your gut tells you. If I feel to afraid to cross the street, I won't. If I get all shaky for flying on a plane, I won't. If the thought of eating chicken feet gives me lots of goosebumps, I just stay away from that food. As easy as that.
 
Well said,Devi!

Man,you just nailed it on the head.I will be taking that risk of visiting my COP next year,as it will be over 9 years since i left my country.my case was not against my government and i'm not planning on vacationing there for weeks...it will be a quick short visit to see my aging parents.hope everything turns out ok.
 
Do same rules apply to derivative asylee?

Hi! Thanks to everyone for all your insights on this forum. It's been very informative and helpful.

I was just wondering, do the same rules about going back to COP apply to derivative asylees? I was included in my wife's asylum application and thus was automatically granted derivative asylum when her application got approved. Will I have the same trouble if I go back to COP?

Also, my son was born here so he is a US citizen. If he goes home to the COP to visit his grandparents, will it affect our current status? We have just recently submitted our I-485 but no action has been taken on it yet.

Just making sure of things before making any moves. Hope someone can shed some light on these.

Thanks!
 
asylee75 said:
Hi! Thanks to everyone for all your insights on this forum. It's been very informative and helpful.

I was just wondering, do the same rules about going back to COP apply to derivative asylees? I was included in my wife's asylum application and thus was automatically granted derivative asylum when her application got approved. Will I have the same trouble if I go back to COP?

Also, my son was born here so he is a US citizen. If he goes home to the COP to visit his grandparents, will it affect our current status? We have just recently submitted our I-485 but no action has been taken on it yet.

Just making sure of things before making any moves. Hope someone can shed some light on these.

Thanks!
Click to expand...

The rules with respect to derivative asylees are inconsistent. You are technically not the primary applicant, therefore, you have nothing to fear. However, you still need to be careful because your family was persecuted. Since the rules are not clear, I would not go without compelling reasons unless you absolutely have to. If you go, try not to go for a vacation but rather have a reason to go such as visiting ailing parents, etc. It is your call. US cannot deny you residency here based simply on the fact that you traveled back to your wife's COP. However, she is still your family and if she was persecuted, there are grounds to believe that you MAY be persecuted as well. Travel back to your wife's COP at your own risk.

This may be helpful to you:

http://www.alanleelaw.com/english/articles/a2007-03-22.htm
 
vdostoi1 said:
The rules with respect to derivative asylees are inconsistent. You are technically not the primary applicant, therefore, you have nothing to fear. However, you still need to be careful because your family was persecuted. Since the rules are not clear, I would not go without compelling reasons unless you absolutely have to. If you go, try not to go for a vacation but rather have a reason to go such as visiting ailing parents, etc. It is your call. US cannot deny you residency here based simply on the fact that you traveled back to your wife's COP. However, she is still your family and if she was persecuted, there are grounds to believe that you MAY be persecuted as well. Travel back to your wife's COP at your own risk.

This may be helpful to you:

http://www.alanleelaw.com/english/articles/a2007-03-22.htm
Click to expand...
Thanks for the quick response. That was very helpful. Regards.
 
Erich Cauller Letter

lookingforgreen said:
Looks like not all people in USCIS has the same interpretation of the law, I remember the letter by Erich Cauller, Director of Miami Asylum Office, in January 2006 saying than any Perm Res. can travel freely, even if they have acquired residence through asylum.
If anyone is interested on it I have a copy and can posted here, can be usefull in case someone need defense.
Click to expand...

Could you please post that letter???
 
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