I am going home

Gilbert,

Interesting info. I will represent the information you posted to both my lawyer and the local immigration office and get their take on it. I will keep you posted on what I hear back. BTW, how did you get to this information, i.e. can I quote somebody? Thanks
 
Re: Re: Re: Re: NO

Originally posted by Gilbert
This issue was raised in a meeting between a local asylum office and attorneys/CBOs. The BCIS (or CIS, their preferred name) reasons as follows:

Adjustment of status as an asylee is NOT automatic. Under the law, the asylee must prove that as of the date of the I-485 decision he or she STILL . If the asylee fails to do that, the CIS has to DENY adjustment AND terminate asylum. That said, the CIS has basically assumed that asylees have continued persecutions for adjustment purposes and this has rarely been an issue.

But when you go back right after GC and dare them to go after you, the CIS can very reasonably conclude that on the date of green card decision you had no persecution fears because conditions have changed (or that you believed they changed, which is also good enough for CIS purposes). Then the CIS will have a legal obligation to correct its error and rescind the green card decision. Does that make sense?

Leaving aside these boring points, I agree with Alanpero. You obtained your GC by convincing this government of the supposedly bad things that happened to you. Then you cannot wait to go back and to have a good time. To say this does not at least suggest a possibility of deception on the asylum claim insults people's intelligence. I do not see how this concept is so hard to understand.

To put it anothe way, at this time, there are over 140,000 asylees patiently waiting for a green card. If you can travel back so soon, you probably do not deserve a GC ahead of them.
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Gilbert is right.
A month ago when my husband had an interview lawyer said that immigration officer might ask to prove a fear of persecution . I tolled her that we were granted asylum a long time ago and she said it doesn’t meter; officer has rights to terminate asylum . . It is very confusing to me, but Gilberts explanation is very clear.
irina
 
Re: Re: Re: Re: NO

Originally posted by Gilbert
This issue was raised in a meeting between a local asylum office and attorneys/CBOs. The BCIS (or CIS, their preferred name) reasons as follows:

Adjustment of status as an asylee is NOT automatic. Under the law, the asylee must prove that as of the date of the I-485 decision he or she STILL has fears of persecution. If the asylee fails to do that, the CIS has to DENY adjustment AND terminate asylum. That said, the CIS has basically assumed that asylees have continued persecutions for adjustment purposes and this has rarely been an issue.

But when you go back right after GC and dare them to go after you, the CIS can very reasonably conclude that on the date of green card decision you had no persecution fears because conditions have changed (or that you believed they changed, which is also good enough for CIS purposes). Then the CIS will have a legal obligation to correct its error and rescind the green card decision. Does that make sense?

Leaving aside these boring points, I agree with Alanpero. You obtained your GC by convincing this government of the supposedly bad things that happened to you. Then you cannot wait to go back and to have a good time. To say this does not at least suggest a possibility of deception on the asylum claim insults people's intelligence. I do not see how this concept is so hard to understand.

To put it anothe way, at this time, there are over 140,000 asylees patiently waiting for a green card. If you can travel back so soon, you probably do not deserve a GC ahead of them.
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Gilbert, thanks so much for this new information. I was thinking of going to Canada and then fly back home. When I come back, you think the Canadians inform US authorities about every permanet resident that arrives to Canada from a third country?
 
You know guys, after reading Gilbert's anf alanpero's message, it is better to be safe than sorry. just immagine your GC will be rescind. wouldn't that be disastrous for you?what will come to your mind is I wish had listen to Gilberts and others. try going to a third country meet your relatives there. when you get citizenship then travel home (now i am not even sure if we can travel home once we have citizenship?)

thanks
 
Re: Re: Re: Re: Re: NO

Originally posted by wirelesssprint
Gilbert, thanks so much for this new information. I was thinking of going to Canada and then fly back home. When I come back, you think the Canadians inform US authorities about every permanet resident that arrives to Canada from a third country?
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How is this possible? Sure, Canadian border crossing is easy and leaving Canada is fairly simple too. But When you come back to Canada wont you be needing some kind of visa to re-enter the country?
 
Re: Re: Re: Re: Re: Re: NO

Originally posted by JackIsBack
How is this possible? Sure, Canadian border crossing is easy and leaving Canada is fairly simple too. But When you come back to Canada wont you be needing some kind of visa to re-enter the country?
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no you do not.... check their embassy... they will let you in with your plastic green card. Gilbert... can you please tell me a name of an official who said that this ia problem for asylees..
 
Re: Re: Re: Re: Re: Re: Re: NO

Originally posted by wirelesssprint
no you do not.... check their embassy... they will let you in with your plastic green card. Gilbert... can you please tell me a name of an official who said that this ia problem for asylees..
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Look, make a decision and take responsibilty for it. Do not try to go around it. If you need to see your family and if you said that you do not care about the green card, then you better go. Sometimes, decisions are hard to make but you should only do what feels right to you. Do not let anyone tell you what to do. You are your own boss. I wish my country is safe; I would have gone tomorrow. I feel that you have a deep desire to go home. I do not blame you. Who does not? Explore this desire and if it stops you from going on with your life, go for it. Best of luck and keep us posted.
 
Hold on wireless! Canadians would NOT let you in from a 3rd country (other than USA) even if you have green card but do not possess a valid visa. Please be very very sure to obtain canadian visa if you want to reenter canada from 3rd country directly. Never remain in the illusion that you could enter canada with just green card.
 
Originally posted by Lazerthegreat
Hold on wireless! Canadians would NOT let you in from a 3rd country (other than USA) even if you have green card but do not possess a valid visa. Please be very very sure to obtain canadian visa if you want to reenter canada from 3rd country directly. Never remain in the illusion that you could enter canada with just green card.
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You are wrong. Check this web site: it is canada embassy web site. http://www.cic.gc.ca/english/visit/visas.html We are exempt from Visa there. look at the end of the page under exemption





VISITOR VISA EXEMPTIONS


Many people do not require a visa to visit Canada. These include:

citizens of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei, Costa Rica, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United States, and Western Samoa;


persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence.


You still need a travel document to enter from a third country.
 
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Re: Re: Re: Re: Re: Re: Re: Re: NO

Originally posted by shamshon
Look, make a decision and take responsibilty for it. Do not try to go around it. If you need to see your family and if you said that you do not care about the green card, then you better go. Sometimes, decisions are hard to make but you should only do what feels right to you. Do not let anyone tell you what to do. You are your own boss. I wish my country is safe; I would have gone tomorrow. I feel that you have a deep desire to go home. I do not blame you. Who does not? Explore this desire and if it stops you from going on with your life, go for it. Best of luck and keep us posted.
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Do you think it is easy to make a decision? I am in a turmoil.
 
Yeah the site assumes that you would be entering from USA and would be in a possession of green card.
Have you ever gotten a visitor visa from canada on RTD? They say that on "single entry" visa, you can enter as many times as you wish to enter canada, AS LONG AS YOU ARE ENTERING FROM USA. If you are entering from a 3rd country, then single entry visa can only be used once. I know that for a fact and also know that having a green card is not enough while entering from a 3rd country. DO NOT MAKE THIS MISTAKE.

Otherwise do whatever you wish to,
 
Originally posted by Lazerthegreat
Yeah the site assumes that you would be entering from USA and would be in a possession of green card.
Have you ever gotten a visitor visa from canada on RTD? They say that on "single entry" visa, you can enter as many times as you wish to enter canada, AS LONG AS YOU ARE ENTERING FROM USA. If you are entering from a 3rd country, then single entry visa can only be used once. I know that for a fact and also know that having a green card is not enough while entering from a 3rd country. DO NOT MAKE THIS MISTAKE.

Otherwise do whatever you wish to,
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You are talking about the situation if you are an asylee. I wont use my RTD to enter canada. Do you understand me?You are making an assumption that they made a mistake. Forget that you are an asylee. You are a permanat resident now.
 
Originally posted by wirelesssprint
You are wrong. Check this web site: it is canada embassy web site. http://www.cic.gc.ca/english/visit/visas.html We are exempt from Visa there. look at the end of the page under exemption





VISITOR VISA EXEMPTIONS


Many people do not require a visa to visit Canada. These include:

citizens of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei, Costa Rica, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United States, and Western Samoa;


persons lawfully admitted to the United States for permanent residence who are in possession of their alien registration card (Green card) or can provide other evidence of permanent residence.


You still need a travel document to enter from a third country.
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If you do not want them to know that you arrived to canada from a third country, that should prompt you to get a visa anyway. They wont need to check on your American status .. The problem is that they may refuse to give it to you if you have a green card.
 
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