Immigration consindering new law for PR asylees

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peguin12

Registered Users (C)
I read a letter from an immigration attorney regarding changes the immigration Service is thinking of making permanent residents who received their residence based on their status as asylum

"Although immigration Service has allowed PR who received their residence through asylum to travel to their home country after becoming PR, they are now discussing changing that. They are suggesting that when the PR returns to US, immigration service would take another look at whether they should have been granted the underlying asylum and might even take a look at whether the asylum should be revoked based on changed conditions in the home country.

This is a very disturbing development in immigration law and it is not possible to know at this time whether Immigration will implement this change. "

Has anyone heard about this memo?
 
Where

Mr. Penguin, care to share your source? This will never happen.... You know why? Because everyone has a different reason for asylum. For example, how would anyone verify that there will be no fear for someone from religeous whackos? Oh better yet, gays and lesbians from Muslim countries? Oh you think that will ever change? Religeous minorites?
There are certain things that just don't change. Everyone on this forum is not on the black list of Government from their COP. Everyone's asylum is not based on political reasons. It never has been so black and white and it never will. So whoever is telling you this is trying to scare you and nothing else.
 
First, the immigration service cannot make a new "law." That is the job of the Congress. If a lawyer wrote that the USCIS is making "laws" I wonder how he graduated from law school. :)

Second, they do not need a new law to achieve this purpose. Existing law and regulations give officials suffient authority to review/reverse an old asylum decision in the right circumstances, as a search of unpublished decisions by the BIA demonstrates.
 
It come from the law office of -

Lieberman Ruby Attorney
Immigration and Nationality Law
369 Pine Street, San Francisco, CA 94104
(415) 362-5158
 
Right

So you have a quote (apparently copy&pasted), and you have a full address taken from a phone book but you don't have a link to original quote?
 
The letter came from that office above. what else did you want posted? shooot!
 
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peguin12 said:
I read a letter from an immigration attorney regarding changes the immigration Service is thinking of making permanent residents who received their residence based on their status as asylum

"Although immigration Service has allowed PR who received their residence through asylum to travel to their home country after becoming PR, they are now discussing changing that. They are suggesting that when the PR returns to US, immigration service would take another look at whether they should have been granted the underlying asylum and might even take a look at whether the asylum should be revoked based on changed conditions in the home country.

This is a very disturbing development in immigration law and it is not possible to know at this time whether Immigration will implement this change. "

Has anyone heard about this memo?
Click to expand...


I heard the similar story from my attorney:

USCIS is considering issuing a memo from their general counsel's office to clarify the examination of asylee-based permanent resident at the port of entry. USCIS intends to reiterate its opinion that those permanent residents risk their status.....

I think the reason for the possible USCIS memo is to make the inspection/examination consistent among airports: just like the media's reporting of how inconsistent USCIS treats illegal aliens between Fort Lauderdale (they will cry for you and put you into asylum procedure) and JFK (they will shackle you and kick you into detention center). Media also seems to points out "rampant fraud" of asylum....
 
That certainly would make sense. However it is not clear to me how would they possibly deny the entry of the former asylum PR. I guess they have to have some sort of proof and hence, possible case must go to IJ, right? It may be hard to prove the grounds of inadmissibility in either way...

just my understanding of US law practices.
 
How do I create new thread or post new message in this forum?

Hey , Does anyone can tell me How do I create new thread or post new message in this forum.
If you know could you advice me how to create new thread I have question about I-130 form.
Thanks
 
I don't understand the procedure either. Is that the case only when PR is coming back from COP or every time the person is returning from abroad? Most of the ports of entry are extremely busy 24 hours a day. It would take much efforts from IOs to scrutinize each case individually. A change of circumstances in COP doesn't mean that asylees based on religion presecution and gays won't meet presecution in the future. Just imagine coming through the same interview we all went through when applied for asylum every time we are coming back from abroad. :eek: Crazy...
 
And let's say that even one has been prosecuted back there in COP, becasue of involments in anti-government movements or similar. And let's say that country conditions has been changed since and that one possibly could go back and re-establish his/her life. Now for all these years, waiting for GC, you have started new life in US... bought a house, a car... maybe even started business. USCIS may speculate and prove (or one can just admit it) that your country's condition has been changed since, but this should not be ground of inadmissibility. Once in a past, one DID have valid asylum claim but over the years things are changed so what? Is this a fraud?

There is no word in the law that states that if the COP's condition has been changed, one should return his/her GC right? If so, why would this be any different (again where is the law?) when one becomes US citizen? So shall we deport jews that escaped from nazis in germany? or 100,000 Bosnians since there is no more war in Bosnia? Or deport Albanians back to Kosovo, since they are independent now (almost)?

Remember this is a case-law and so-far there is no single case that would support denial of admission at the POE.

Now obtaining immigration benefits using fraud is whole different story... and should be prosecuted to the full extent of the applicable law!
 
Whether conditions have actually changed can be determined almost always on an objective basis. It is hard for someone to scream that conditions have changed when there is no independent evidence to support the claim (i worked on a case where the Chinese asylee claimed change of conditions, a silly claim).

Second, timing matters A LOT. If you received your green card and then proceeded immediately to the COP, that would look very very fishy. Remember a condition for granting adjustment is that you continue to be a refugee on the date of adjustment. If you are no longer a refugee, the law allows the DHS to revoke asylum and deny adjustment. So if you travel immediately after adjustment, they do not even have to prove fraud, they can say that we oops made a mistake on the I-485: conditions have changed and we approved the adjustment in error.

The comparison to REFUGEES admitted from abroad is not exactly appropriate. Refugees do not have to demonstrate continued fear of persecution. Asylees and refugees are on a different legal footing.


samird said:
And let's say that even one has been prosecuted back there in COP, becasue of involments in anti-government movements or similar. And let's say that country conditions has been changed since and that one possibly could go back and re-establish his/her life. Now for all these years, waiting for GC, you have started new life in US... bought a house, a car... maybe even started business. USCIS may speculate and prove (or one can just admit it) that your country's condition has been changed since, but this should not be ground of inadmissibility. Once in a past, one DID have valid asylum claim but over the years things are changed so what? Is this a fraud?

There is no word in the law that states that if the COP's condition has been changed, one should return his/her GC right? If so, why would this be any different (again where is the law?) when one becomes US citizen? So shall we deport jews that escaped from nazis in germany? or 100,000 Bosnians since there is no more war in Bosnia? Or deport Albanians back to Kosovo, since they are independent now (almost)?

Remember this is a case-law and so-far there is no single case that would support denial of admission at the POE.

Now obtaining immigration benefits using fraud is whole different story... and should be prosecuted to the full extent of the applicable law!
Click to expand...
 
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windywd said:
I heard the similar story from my attorney:

USCIS is considering issuing a memo from their general counsel's office to clarify the examination of asylee-based permanent resident at the port of entry. USCIS intends to reiterate its opinion that those permanent residents risk their status.....

I think the reason for the possible USCIS memo is to make the inspection/examination consistent among airports: just like the media's reporting of how inconsistent USCIS treats illegal aliens between Fort Lauderdale (they will cry for you and put you into asylum procedure) and JFK (they will shackle you and kick you into detention center). Media also seems to points out "rampant fraud" of asylum....
Click to expand...


I just returned from Turkey and here's what happened at the JFK immigration checkpoint. I was asked where is my passport (I was holding Travel document). I said that I'm and asylee and not suppose to have a passport. IO was happy with an answer and asked if I travelled back to my country even after looking at the Turkish visa and dates of travel. He knew what questions to ask and was suspisious from the beginning but was happy with my answers.
 
ayyubov said:
I just returned from Turkey and here's what happened at the JFK immigration checkpoint. I was asked where is my passport (I was holding Travel document). I said that I'm and asylee and not suppose to have a passport. IO was happy with an answer and asked if I travelled back to my country even after looking at the Turkish visa and dates of travel. He knew what questions to ask and was suspisious from the beginning but was happy with my answers.
Click to expand...

wait...so your COP is Turkey, or no?
 
Quote samird
Registered User Join Date: May 2005
Posts: 234
so they mass-mailed the letter or they just sent it to you?

Samrid, if you want to get this info uncensored, hire a good attorney!
 
ayyubov said:
No it is not. My point was that IO asked all those questions even though I had a GC.
Click to expand...

I went through different airports and IO's questioning ranges from "have a good day" to very detailed 100 questions..... Actually after ACLU's outcry of JFK's shackling alien, JFK is much better... I feel it is overdone now, because they don't even ask questions for three times I passed through immigration.
 
I-K-A-K-O said:
I think he asked u this questions couz u showed him RTD. RTD is not a nice thing to have. I think if u show them RTD they will actually notice AS6 on your GC
Click to expand...


I agree, because first his question was where is my passport. He actually wanted to know if I carry one and used to go to COP and or if I renewed it.
 
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