hi there
Can a refuge or asylee travel back to native country?
"(2) Alien Has A Travel Document From His/her Country. Similarly, if the applicant is in possession of a valid travel document from the country of nationality, the Form I-131 may also be deniable. There is no absolute prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may preclude the alien from establishing eligibility for permanent residence under section 209 of the Act.
(3) Alien Intends to Visit Home Country. There is no prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may raise doubts about whether the alien has re-availed (or intends to re-avail) him or herself of the protection of the country of persecution. It may also preclude the alien from establishing eligibility for permanent residence under section 209. Each case must be judged on its own merits. For example, visiting an old or sick parent should be considered a more worthy reason for visiting one's home country than regular visits on holidays or business trips. The applicant should therefore be referred to the local USCIS office for interview and the possible taking of a sworn statement.
Why an asylee have to wait for one year before applying for permanent resident?
32 ADVISING YOUR CLIENT AFTER ASYLUM IS GRANTED – ASYLEE STATUS
When asylum is granted, it means that the asylee will have the opportunity to live and work legally in the United States and will eventually have the opportunity to apply for lawful permanent residence and citizenship. However, the Department of Homeland Security can, at least theoretically, reopen the case and attempt to terminate asylum and seek the removal of the asylee if it is determined that any one of a number of conditions are met: that country conditions have fundamentally changed such that the asylee no longer fears persecution; that the asylee committed a serious crime, either persecutory in nature or non-political outside of the United States; that the asylee poses a threat to the security of the United States; that the asylee was firmly resettled outside the United States prior to her arrival; that the asylee may be removed pursuant to a bi-lateral agreement to a safe third country that will provide protections; that the asylee has voluntarily returned to her home country; or, that the asylee has acquired a new nationality.
Practically speaking, attempts to revoke asylum are rare without new evidence that the asylee has committed a serious crime in the United States or fraudulently obtained asylum. It is important to note, however, that asylum is not a permanent, guaranteed status for life in the United States. For that reason, it is essential to encourage all asylees to apply for lawful permanent residence one year from the date on which they were
Is the permanent resident for former asylees conditional?
§ 1216.1 Definition of conditional permanent resident.
A conditional permanent resident is an alien who has been lawfully admitted for permanent residence within the meaning of section 101(a)(20)
Of the Act, except that a conditional permanent resident is also subject to the conditions and responsibilities set forth in section 216 or 216A of the Act, whichever is applicable and part 216 of this chapter. Unless otherwise specified, the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents, including but not limited to the right to apply for naturalization (if otherwise eligible), the right to file petitions on behalf of qualifying relatives, the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed; the duty to register with the Selective Service System, when required; and the responsibility for complying with all laws and regulations of the United States. All references within this chapter to lawful permanent residents apply equally to conditional permanent residents, unless otherwise specified. The conditions of section 216 of the Act shall not apply to lawful permanent resident status based on a self-petitioning relationship under section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(b)(ii), or 204(a)(1)(B)(iii) of the Act or based on eligibility as the derivative child of a self-petitioning spouse under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the Act, regardless of the date on which the marriage to the abusive citizen or lawful permanent resident occurred.
§ 216.3 Termination of conditional resident status.
(a) During the two-year conditional period. The director shall send a formal
Written notice to the conditional permanent resident of the termination of
The alien’s conditional permanent resident status if the director determines
That any of the conditions set forth in section 216(b) (1) or 216A (b) (1) of the Act
What the rights of lawful permanent resident?
As more and more individuals in the United States apply to become lawful permanent residents, or green card holders, it is vital that each person know the rights and responsibilities that come with obtaining LPR status.
The benefits to becoming an LPR include:
• You may live anywhere in the United States, and you may stay there as long as you want.
• You may work at any job, for any company, anywhere in the U.S., or you may choose to not work at all.
• An LPR may travel freely inside and out of the United States whenever you wish.
• You may apply to become a U.S. citizen after you have held your green card for a certain length of time.
• In many cases, your spouse and children under the age of 21 may also be eligible to obtain green cards as accompanying relatives.
Although you may have a green card, you should be very careful about certain things. The first and foremost is international travel. Even though you may travel freely, extended periods of time spent outside the U.S. may indicate to Immigration Services that you have abandoned your green card.
If you plan on spending over six months outside the U.S. at any given time, it is advisable for you to apply for a re-entry permit. This is issued to permanent residents or conditional permanent residents who wish to remain outside the U. S. for a prolonged period of time, but for less than two years. A re-entry permit usually enables a permanent resident, who traveled abroad for a period of time of more than one year but less than two years, to avoid the risk of not being allowed to come back the U.S. on the ground that the alien abandoned his permanent residence status. A re-entry permit can also serve as a passport for a permanent resident who wants to travel outside the United States, but cannot get a passport from his country of nationality.
From a Lawyer
There are restrictions on travel back home for asylees, even then, if you apply for advance parole, it's possible to get permission. But for green card holders and American citizens, they are free to travel wherever they wish because when you apply for lawful permanent resident you adjust to diffrant status so you becomes former asylee you are no longer an asylee and when you get the lawful permanent resident it was given without restrictions on traveling Even if you got your green card through the asylum program, you're still a green card holder and there are no restrictions. The reality is that former asylees do this all the time, like it or not.
Now, if you do go home, keep in mind you're not a US citizen. If you get into trouble, you're on your own and the US embassy won't, and can't, help you. You're still a citizen of your home country and subject to all its laws. If you're arrested, for any reason, your country has no obligation whatever to inform the US embassy, and no obligation to allow an embassy official to visit you. But green card status, is green card status, and everyone is treated alike.