If green card can be revoked, citizenship can also be revoked!

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Lazerthegreat

Registered Users (C)
Hi guys! I have been reading a lot on this forum about revokation of green cards if somebody goes back to their country of persecution. However I interesting noticed that people advice to become US citizens before they even think of going back.

Well my cocern is that if a green card can be revoked, they can also revoke your citizenship for traveling back, can't they?

Please comment..

Best Wishes,
 
To revoke citizenship the U.S. Attorney's Office has to file a suit against you at the Federal District Court. The process consumes much resources and is difficult to prove. So they generally do it only when they think you were a Nazi persecutor.

As a gc holder you remain an alien and do not have the same rights as citizens.


Originally posted by Lazerthegreat
Hi guys! I have been reading a lot on this forum about revokation of green cards if somebody goes back to their country of persecution. However I interesting noticed that people advice to become US citizens before they even think of going back.

Well my cocern is that if a green card can be revoked, they can also revoke your citizenship for traveling back, can't they?

Please comment..

Best Wishes,
Click to expand...
 
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Dear Jackisback! I dont think that BCIS does not absolutely care about a resident going to home country (those who obtained green card through asylum). As many people have mentioned in this forum before that they know of people who got into trouble just by going back.
 
Have people really been talking here about the "revocation of green cards"? You must be thinking of the asylee status because as far I as know once you're green, you can go back to your country without any problems.
I sure haven't heard about any special process for obtaining a citizenship for asylees. Now I may be wrong here but it looks like once you have your GC you are in the line for citizenship with the rest of the green card holders (whether they received their GC through marriage, employer sponsorship, etc.)

Cheers.
 
Originally posted by boncorne
Have people really been talking here about the "revocation of green cards"? You must be thinking of the asylee status because as far I as know once you're green, you can go back to your country without any problems.
I sure haven't heard about any special process for obtaining a citizenship for asylees. Now I may be wrong here but it looks like once you have your GC you are in the line for citizenship with the rest of the green card holders (whether they received their GC through marriage, employer sponsorship, etc.)

Cheers.
Click to expand...


Yes, we have. There are real examples of people whose green cards have been jeoparized because they returned to the place where they were purportedly persecuted.
 
There are examples when people were struck by the lightning two times in the row and lived but how often does that happen?
The fact is no one knows the way INS really operates. We can't take extreme examples and turn them into rules. Now do we want to sit tight, be quiet and hope INS won't screw with our lives until we're a citizens? I guess its everyone's choice here...
 
Originally posted by miami2002
Yes, we have. There are real examples of people whose green cards have been jeoparized because they returned to the place where they were purportedly persecuted.
Click to expand...

There's a list of reasons for which BCIS can revoke one's GC. I remember reading them at BCIS web site awhile back. I don't have time to search for it again but it's there. To my recollection the law doesn't clearly state you can lose your GC if you return home, but it says something like if u commit perjury or fraud.

I don't think it makes sense to revoke the GC for asylees. Let me explain why:

Do ppl who received their GC thru employment get their GC revoked after they lose their job?

Do ppl who received their GC thru marriage get their GC revoked after they divorce their spouse?

Just my reasoning.
 
Good point "jackisback"... I think the INS has to give consideration to the changed circumstances of the country of persecution. And if they can't find fraud, then merely by visiting once home country should not be an automatic grounds of revocation of permanent resident status. That would just be absurd.
 
Originally posted by JackIsBack
There's a list of reasons for which BCIS can revoke one's GC. I remember reading them at BCIS web site awhile back. I don't have time to search for it again but it's there. To my recollection the law doesn't clearly state you can lose your GC if you return home, but it says something like if u commit perjury or fraud.

I don't think it makes sense to revoke the GC for asylees. Let me explain why:

Do ppl who received their GC thru employment get their GC revoked after they lose their job?

Do ppl who received their GC thru marriage get their GC revoked after they divorce their spouse?

Just my reasoning.
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If it`s true that a word based on asylum is on the gc then it`s questionable for a person to back to home country.
 
According to my understanding information regarding the basis of adjustment of status is embedded in the GC and is available to the Immigration Officers. I concur that it is not safe to visit the home countries before naturalization. This is just my PERSONAL opinion and is not a legal advice by any means.

Regards,
 
real Cases

Any real case that you know? Any Asylum based GC holder going back to the home country?
My lawyer says that there is no problem going back. But you know, I don't trust my lawyer.:D
 
Re: real Cases

Originally posted by cookiemonster
Any real case that you know? Any Asylum based GC holder going back to the home country?
My lawyer says that there is no problem going back. But you know, I don't trust my lawyer.:D
Click to expand...
The thing your lawyer said---is that based on the country you are from or is it the unversal answer he/she is giving?

Another question: Suppose a gc holder (obtained through asylum) goes to a neighboring country. How is that looked upon from the perspective of INS, if that neighboring country and the country of origin have 'loose borders' i.e. one is free to cross it at any time? Say the gc holder goes to the neighboring country to
meet family members. Is the burden of proof that the gc holder didn't actually go to the home country on himself or on INS?

thx.
 
Originally posted by RAsylee
According to my understanding information regarding the basis of adjustment of status is embedded in the GC and is available to the Immigration Officers. I concur that it is not safe to visit the home countries before naturalization. This is just my PERSONAL opinion and is not a legal advice by any means.

Regards,
Click to expand...

People who received their GC thru asylum will be indicated as "AS 6" on their GCs. And that is how someone can identify how you obtained your GC.
I wonder if BCIS has a clearly defined guidelines on this issue in the INA. May be Gilbert can give us some info on this. To my understanding such cases are taken to immigration court and investigated on individual circumstances and immigration judge makes a decision. Even after the decision I think one can file for an appeal etc.
 
Re: real Cases

Originally posted by cookiemonster
Any real case that you know? Any Asylum based GC holder going back to the home country?
My lawyer says that there is no problem going back. But you know, I don't trust my lawyer.:D
Click to expand...

Well...a lawyer's word is more assuring than anything you will find in this forum. You can call the lawyer when you're in trouble with the BCIS, but you cant do that with the people you will find in here. Heck! you don't even know their real names :-D
 
Benko - VERY interesting issue you've brought up here. I'm in the same situation and I had a separate thread going about a similar topic. Couldn't get any answers and as always there's risks involved. It looks like "technically" you should be fine if the INS will not find out you visited your home country. The BIG question is how can they find out you did visit if the countries have open borders???
In my opinion you're absolutely safe about going to the neighbor country but then INS is famous for imposing absurd rules so it is always safer to ask competent lawyers.
 
Re: Re: real Cases

Originally posted by benko
The thing your lawyer said---is that based on the country you are from or is it the unversal answer he/she is giving?

Another question: Suppose a gc holder (obtained through asylum) goes to a neighboring country. How is that looked upon from the perspective of INS, if that neighboring country and the country of origin have 'loose borders' i.e. one is free to cross it at any time? Say the gc holder goes to the neighboring country to
meet family members. Is the burden of proof that the gc holder didn't actually go to the home country on himself or on INS?

thx.
Click to expand...

Is a universal answer, but as I told you I don't trust him.

About going to a neighboring country, personally I know some people tha have done that withou a single problem, you can do that, there is nothing illegal. Now if it has open borders with your home country and you cross the border, that's another issue. But I'm sure that you can go to a neghboring country and come back.
 
i know a guy who got GC from asylum status
he used to travel back to his home country. i asked him, he said he just traveled to canada by using the green card, and fly to his home country (he got white TD). When he returned, he got back to canada again, and then entered the US (of course, he got muliply entries canada visa on his WHITE TD)

but i think its illegal
 
Katoicfury,

If Immigration Officers would have looked closely at his documents and find out about his travel from his White RTD then he would have been in lot of trouble. I have traveled to Canada on numerous occasions and I distinctly remember anytime I had reported the officer that my stay was more than few days they have asked that did I travel to any third country? Immigration Officers can ask this question at the time of re-entry to US. If one lies at the re-entry time and his documents show something else then that person is destined for trouble.

I can understand the frustration about family situations and other problems we as asylee's have which may require for us to go back to home countries but let's think about this from someone else's point of view. When we claim asylum we have given up our rights of belonging with our homeland as we have requested protection for us. We have traded our security (remember why we claimed asylum in the first place) for ties with the home country such as visits etc...

I wish there was an easy answer but every asylee's situation is unique....and there is no right or wrong answer....

Regards,
 
Originally posted by kaoticfury
i know a guy who got GC from asylum status
he used to travel back to his home country. i asked him, he said he just traveled to canada by using the green card, and fly to his home country (he got white TD). When he returned, he got back to canada again, and then entered the US (of course, he got muliply entries canada visa on his WHITE TD)

but i think its illegal
Click to expand...

Logically i wouldn`t see any problem since you have adjusted status but the main concern is the safety of GC holders based on asylum. The only answer i have heard whenever people raise such a concern is just to advise not to go back to home country for own safety.We come from 3rd world countries and we know the consequencies of exposing unspeakable treatments that have been inflicted on people before they flee those countries.

I have not read any documentation stating that any asylum based GC holder who goes back to his/her home country will face deportation or will have the GC revoked.

If you ask me whether i can go back to my home country after i obtain a GC,my answer would be plain and clear NO.
 
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