Going back home

TimZ said:
At the time of adjustment are you still an asylee? If the government hasn't terminate it you are.

The government can decide 10 years later that at the time of adjustment you were safe to go back to home country. And the government may wish they had terminated your asylee status 10 years ago. But it's too late. Nobdoy can turn back time.

There is no law stipulates that asylum status expires once home country conditions change. Asylum status could expire, but not without procedure.
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The United States Asylum Law clearly say that being granted an Asylum Status does not give one the right to remain permanently in the United States. An Asylum status can be terminated if one of the several conditions is met; one of the conditions is changed condition to your home country.

If you visit your HC before your I-485 approval, you are in fact giving the government evidence that the situation in your HC has changed while you are holding an Asylee status; thereby qualifying the Attorney General to reject your I-485 and give him the discretion to terminate your Asylum.
 
thankful said:
Apart from section 246, they can and certainly do also deport people on the basis other provisions of law that do not have a time limit. Like 237(a)(1)(A).
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You are absolutely right. For example if you are arrested and charged with possession of controlled substance, you will never be eligible for a GC or U.S. Citizenship period. Everyone here wants to avoid getting arrested for this. Absolutely no way out.
 
Who said you should visit your HC before 485 approval?

Do you understand what I said?

An asylum status can be terminated. But if it's not terminated it's not terminated.

jackdanie7 said:
The United States Asylum Law clearly say that being granted an Asylum Status does not give one the right to remain permanently in the United States. An Asylum status can be terminated if one of the several conditions is met; one of the conditions is changed condition to your home country.

If you visit your HC before your I-485 approval, you are in fact giving the government evidence that the situation in your HC has changed while you are holding an Asylee status; thereby qualifying the Attorney General to reject your I-485 and give him the discretion to terminate your Asylum.
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told u guys to put this topic at the top
i have seen this topic since i came to this forum in 1999

my conclusion is if u want to go home and want to come back without much trouble....just bring whatever document u can find to support your trip

the best solution is go home after citizenship
 
i have some questions...

1. if you are denied citizenship because you go back to your home country, can you still live here in USA as a GC holder?
2. if you are denied citizenship application , can you appeal to any kind of court? how much is the chance to win the appeal?
 
whencanigetgc said:
1. if you are denied citizenship because you go back to your home country, can you still live here in USA as a GC holder?
2. if you are denied citizenship application , can you appeal to any kind of court? how much is the chance to win the appeal?
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Yes you can appeal a denial of citizenship.

No. If citizenship is denied on ground of fraud on the asylum or green card application then you will be stripped of your green card as well. They will enter a deportation order against you.
 
TimZ said:
Who said you should visit your HC before 485 approval?

Do you understand what I said?

An asylum status can be terminated. But if it's not terminated it's not terminated.
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Now I'm confused. So why did you even respond to my first post?

My two points on that post were:

1) I don't think it's not a good idea for people to go back to home country when their I-485 is still pending because per INA Sec. 246. [8 U.S.C. 1256] Section (a), the government has the right to rescind your adjustment within 5 years of the adjustment date.

2) I believe that for those who are already approved and want to visit HC, the further away that you do so from the I-485 approval date, the safer you are.

Which part of it don’t you agree with and/or want to dispute?
 
I think that he believes that the mintue you have your I-485 approval you can return to your home country without raising fraud concerns on the part of the INS.


jackdanie7 said:
Now I'm confused. So why did you even respond to my first post?

My two points on that post were:

1) I don't think it's not a good idea for people to go back to home country when their I-485 is still pending because per INA Sec. 246. [8 U.S.C. 1256] Section (a), the government has the right to rescind your adjustment within 5 years of the adjustment date.

2) I believe that for those who are already approved and want to visit HC, the further away that you do so from the I-485 approval date, the safer you are.

Which part of it don’t you agree with and/or want to dispute?
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The government can terminate your asylee status once your home country condition improves to the level that you are no longer in fear.

But if the government doesn't do that,and your adjustment case is approved, the government loses its chance to terminate your asylee status. It's missed its chance.

Of course, this is in the case there was no fraud involved.

That's the point you didn't get when you quote and answer my post.
jackdanie7 said:
Now I'm confused. So why did you even respond to my first post?

My two points on that post were:

1) I don't think it's not a good idea for people to go back to home country when their I-485 is still pending because per INA Sec. 246. [8 U.S.C. 1256] Section (a), the government has the right to rescind your adjustment within 5 years of the adjustment date.

2) I believe that for those who are already approved and want to visit HC, the further away that you do so from the I-485 approval date, the safer you are.

Which part of it don’t you agree with and/or want to dispute?
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You seem to have lots of baseless thoughts.
thankful said:
I think that he believes that the mintue you have your I-485 approval you can return to your home country without raising fraud concerns on the part of the INS.
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This subject is long and stupid. Let's face the fact: most of you already visited HC even before GC. Most of you have different opinions. Yes you can be deported even for DUI if something would go wrong. OR you can get away with murder. I personally know dozen of people (asylees and GC holders based on asylum) who constantly visit HC and hide this fact from USCIS. Some GC holders I know don't even bother to hide it nad go back and force with no problem (so far). I personally wouldn't do it and always meet my family in a third country. We are talking about taking a chance and not get away with it.
 
TimZ said:
The government can terminate your asylee status once your home country condition improves to the level that you are no longer in fear.

But if the government doesn't do that,and your adjustment case is approved, the government loses its chance to terminate your asylee status. It's missed its chance.

Of course, this is in the case there was no fraud involved.

That's the point you didn't get when you quote and answer my post.
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Okay, if it has been 10 years since your adjustment then YES the government have missed their chance to reverse your adjustment. But the government have not missed their chance yet if they have reason to believe that you were not eligible for the adjustment within 5 years after your adjustment date; the Attorney General still possesses the power to reverse it.

What will give him the reason not to believe that you're eligible? Lots of them. One of which is by raising a red flag by going home close to your adjustment date.

Keep in mind that I am not making a general statement that people should never go home with a PR gained through Asylum. All I'm saying is that be smart if you decide to do so. If you go home a year or two after the adjustment date, as opposed to a week later, you and your attorney will be in a better position to provide the Attorney General reasons that make sense if he raises the eligibility question.
 
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This topic has been discussed time and time again. And lets face it - it will be continued!

I will add this however... every time I come back from Canada (via road), the Immigration Officer asks me if I have a national passport and if I have visited my country. They ask this question AFTER verifying the AS6 code on the GC. So, I believe there is a standard procedure out there and it really depends on the officer that you come across.

To be honest, these trips have made me realize the importance of being a GC holder as a result of asylum and the impact that has on going back home.
 
Lazerthegreat said:
How interesting.... "Going Back Home" thread becomes most active among people who "hate" their countries... ;)
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nice observation, almost 1000 views as I write this reply. No wonder some people are so skeptical of asylum stories.
 
anotheryear said:
nice observation, almost 1000 views as I write this reply. No wonder some people are so skeptical of asylum stories.
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You are also contributing to the 1000 views. Be nice.
 
LolaLi said:
This topic has been discussed time and time again. And lets face it - it will be continued!

I will add this however... every time I come back from Canada (via road), the Immigration Officer asks me if I have a national passport and if I have visited my country. They ask this question AFTER verifying the AS6 code on the GC. So, I believe there is a standard procedure out there and it really depends on the officer that you come across.

To be honest, these trips have made me realize the importance of being a GC holder as a result of asylum and the impact that has on going back home.
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They probably want to know if you renewed your passport. Like I said it's all about taking a chances.
 
Lazerthegreat said:
How interesting.... "Going Back Home" thread becomes most active among people who "hate" their countries... ;)
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That's what I'm saying. I know that a lot of people already visited their HC or planning to do so. they just want to know if others did that already but nobody wants to open the secret. This thread is becoming more funny as we go. Can you imagine 4 pages whithin 1 day. I think we broke the record :). Apparently this is the most interesting subject for most of "us". The question is WHY??? Why would you go back if you escaped death. Why would you take that chance and play with your life? Or maybe nothing really happened? My advise is to close the subject! It's going nowhere anyway.
 
For those who'd like to go back "RATHOLE HOME" after GC

Proponents of Go Back Home after Getting GC,

I am pressed for time to join the discussion but I promise to shred this thread later on. Please, read the following, it has a message for you. Those who don't wanna go back to "RATHOLE BACK HOME", enjoy the following news.

http://news.yahoo.com/s/afp/britainanimalsparrot

MK
 
I believe there is no clear guideline out there saying you could not go back to home country or not after GC, and if you can afford the money to hire a top lawyer to defend yourself, then I belive the lawyer should have no problem to win the case for you.

So far, I only saw scores of rumours that people get deported because of going back to home country, there are more than 150,000 asylees out there pending I-485, statistically speaking, it is really a small chance for USCIS to waste their resource on you - such a small fish. Then if you get lucky enough to get caught, then fight for it.

PS. I am a derivative asylee, and I did go back to my home country.
 
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