GC taken away by border police! What to do?

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greatwall

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Gc Taken Away By Border Police!! What To Do?

Hi fellow asylum friends: My cousin needs help with a serious situation. After getting his green card he decided to visit his country of origin. He entered with his national passport with no issue, stayed there for two weeks. But when he tried to leave for the US yesterday, he was denied permission to leave. He had to present a foreign document before he could depart (routine practice in that country). But when the border guard saw the green card the guard said something like "What did you do to qualify for political asylum abroad?" The police took away the green card and gave him a official-looking piece of paper. The paper asks him to report to the local police department in ten days to talk about "your situation." He still has his passport but it was stamped with something like "exit denied 3/11/2007."

My cousin is very worried right now. How can he leave and return to the US? I will call lawyers for him tomorrow. Do you think he should contact the US embassy? Can the American government help us? What can he do?
 
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more details please.
when has he granted asylum?
how long was a PR?
please talk to a local (COP)lawyer asap to see what are his options.
US embassy might not help him if he is in COP (I think)...
 
Asylum was granted in 1999 (when the 10K cap was in force) and green card was issued in early 2005.

Country of persecution is mainland China.
 
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greatwall said:
Hi fellow asylum friends: My cousin needs help with a serious situation. After getting his green card he decided to visit his country of origin. He entered with his national passport with no issue, stayed there for two weeks. But when he tried to leave for the US yesterday, he was denied permission to leave. He had to present a foreign document before he could depart (routine practice in that country). But when the border guard saw the green card the guard said something like "What did you do to qualify for political asylum abroad?" The police took away the green card and gave him a official-looking piece of paper. The paper asks him to report to the local police department in ten days to talk about "your situation." He still has his passport but it was stamped with something like "exit denied 3/11/2007."

My cousin is very worried right now. How can he leave and return to the US? I will call lawyers for him tomorrow. Do you think he should contact the US embassy? Can the American government help us? What can he do?
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green card is the propert of the USA government, no other governments has
the right to confiscatee YOUR green card except the US government,

your cousin should contact the american embassy in your country immediately,

and he need to contact the US STATE DEPARTMENT HERE IN USA with the help odfa good lawyer
 
If you entered with that country's passport I think you are at the mercy of that country. It is dangerous to use your country's passport when you are a refugee and I am always amazed when some people are so carefree about passport use.

As for the suggestion of contacting a LOCAL attorney, get real. A Chinese attorney (if they have REAL attorneys there at all) will not touch this case with a ten foot pole. If he does, he will pretty soon find himself inside a prison cell.

The US government is your best bet.
 
In my opinion nobody here can advise you. You are dealing with the Chinese government and as far as I know they do not respect any due process rights. I do not mean to pile it on but it is entirely possible that he will be stuck there for good.

I am just grateful that we live in a country where there are lawyers who can represent you against the government. My roommate made the mistake visiting COP after getting his green card and the USCIS found out. But his legal team was able to prevail at the BIA level. It cost a lot of money but he won. You cannot find a Chinese attorney to sue the border guards obviously.
 
miami2002 said:
In my opinion nobody here can advise you. You are dealing with the Chinese government and as far as I know they do not respect any due process rights. I do not mean to pile it on but it is entirely possible that he will be stuck there for good.

I am just grateful that we live in a country where there are lawyers who can represent you against the government. My roommate made the mistake visiting COP after getting his green card and the USCIS found out. But his legal team was able to prevail at the BIA level. It cost a lot of money but he won. You cannot find a Chinese attorney to sue the border guards obviously.
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Can you elaborate please the roomate's case? How did USCIS find out and what did they say, they wanted to evoke the LPR status? We never heard anything like this before.
 
rustik said:
Can you elaborate please the roomate's case? How did USCIS find out and what did they say, they wanted to evoke the LPR status? We never heard anything like this before.
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I posted about the case back in 2003. It is naive to think that the DHS does not know the places you visit!

Yes DHS did want to revoke LPR status and the immigration judge in Florida agreed with the DHS. The initial appeal was denied by the BIA. He changed lawyers and filed something called a motion to reopen the case. Fortunately in 2006 the BIA voted 2-1 to reverse the IJ (saying that the DHS had failed to prove that the case was based on fraud). It was a close call--only one vote.
 
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Contact an american attorney.
Make sure that your cousin does not admit any sort of guilt there.

He might be able to return to the US and the fact that he was nearly arrested will be evidence of his persecution, after all.
 
You can go to the U.S. embassy. You can apply from them a transportation letter (issued to folks whose green cards are lost) to return to the United States. But it is most likely an exercise in futility. The Chinese police now have his name flagged and I doubt that they will let him out with a transportation letter.

To be perfectly honest the US government will have little sympathy for a person in this situation. What business did he have being there after telling the US under oath that he was subject to persecution? Do not say changed country conditions because the human rights conditions have been getting worse and worse there.

Asylum is not a joke. It is a serious matter.

BTW, he is not the first person whose departure from the PRC has been blocked by the Chinese. It has happened to many GC holders and there is nothing that the affected persons (or the United States Government) can do.
 
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That is the price you pay for going to China under a grant of asylum.

Depending on the mood of the public security people you are dealing with, the person can be sent to a labor camp for a significant period of time. Applying for asylum broad serious dishonors the dignity of the state blah blah bladh.
 
sunshineman said:
more details please.
when has he granted asylum?
how long was a PR?
please talk to a local (COP)lawyer asap to see what are his options.
US embassy might not help him if he is in COP (I think)...
Click to expand...

Attorney in China? Chinese government does not give a darn about attorneys. They shoot people on Tiananmen.
 
I dont believe your story. However, could you tell me which port if it happened.
My suggestion is find a way to HongKong, then go to the U.S. embassy at HK, get some paper.

Good Luck!
 
phelan said:
I dont believe your story. However, could you tell me which port if it happened.
My suggestion is find a way to HongKong, then go to the U.S. embassy at HK, get some paper.

Good Luck!
Click to expand...

Why are you not believeing the story? Be more specific. It is not a good practice in life to disbelieve stories simply they do not support your personal beliefs. I fully believe stories of people who visit their countries and encounter no issue from either government (even though I am of the view of that in general returning home as a gc holder is plainly stupid).

I find the story inherently believable. Saddam Hussein's government used to prevent people with green cards from leaving Iraq (yes including people having asylum green-cards. The Government knew about AS codes). Do you know of anything specific about China that makes the story not worthy of belief (like they have the rule of law or did Beijing issue a specific policy??)? The entire forum needs to know in order to assess the original poster's story and I assume that all Chinese asylees want to get to the bottom of this. If you are a Chinese citizen using a Chinese passport, the government has every right to stop you from leaving, right? What can the person do?
 
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The officer should take away his passport not green card. There is no laws or rules in China about this issue.

but, anything can happen in the Greatest China.

So, my suggestion is find a way to HongKong or Vietnam!
 
phelan said:
The officer should take away his passport not green card. There is no laws or rules in China about this issue.

but, anything can happen in the Greatest China.

So, my suggestion is find a way to HongKong or Vietnam!
Click to expand...

If I were the Chinese border guard I would take away the Green Card not the passport. Doing that would inflict greater damages on the "traitor." There is really nothing you can do with a Chinese passport. But an American green card is golden. So I do not follow your logic here.
 
Is this story believable? Well it is consistent with what the whole world knows about the conduct of the Chinese government. So it is conceivable.

On the other hand, stories about how the DHS take away someone's green card and deport that person is not believable. People post such stories from time to time to spread misinformation. Thank God we in the United States do not operate in this manner.
 
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