Just Granted Derevative Asylum, no GC will travel with RTD. Problem?

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planetrims

Registered Users (C)
Halooo everyone...

my wife (granted asylum) & me (granted deravative asylum) planing to travel with RTD but GC is not approve yet.
my question is:

1. Will we have a problem at the Custom when we travel backto USA? Because before i granted devrative asylum I was out of status for 6 years but granted withholding
2. And I just Granted Devarative Asylum December 23 2008, will this create a problem later when I want to apply for I-485 (Because I have to presently stay in US for 1 year). I am planing to travel for 3 weeks as soon as I get refugee travel document.

thank you for your help and advise
 
planetrims said:
Halooo everyone...

my wife (granted asylum) & me (granted deravative asylum) planing to travel with RTD but GC is not approve yet.
my question is:

1. Will we have a problem at the Custom when we travel backto USA? Because before i granted devrative asylum I was out of status for 6 years but granted withholding
2. And I just Granted Devarative Asylum December 23 2008, will this create a problem later when I want to apply for I-485 (Because I have to presently stay in US for 1 year). I am planing to travel for 3 weeks as soon as I get refugee travel document.

thank you for your help and advise
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1. There will not be a problem.

2. You will have to subtract the time you are outside the country from the one year period. so if you are gone for three weeks you will have to wait three more weeks after the first anniversary of the grant to apply for your GC.
 
Thankful is absolutely right. There will be no problem entering US if you travel along with RTD, but remember if you travel to the country where you claimed asylum from. It's unpredictable if you are a principle asylee, but derivative should be fine.
 
Right, no problem.... But don't forget to have Advanced parole from USCIS before leaving USA
 
thank you "thankful" + "kevin415" for the info...

for "raziel" - do i still need an Anvanced Parole if i already have Refugee Travel Document?
 
planetrims , I really thought that Advance parole is a "must" even if you have Refugee Travel Document "that's what my lawyer told my family after they applied for GC" :mad:
Lawyers make mistakes sometimes and it looks like that my lawyer did one.

Amazing Thankful did make me notice that :)

you can find it here

Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for an advance parole document.
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in USCIS site they wrote this : "A refugee travel document does not guarantee admission to the United States. An alien with a refugee travel document is still subject to inspection and may be denied admission if the alien is inadmissible. "

is this mean, they may denied even we have RTD? in my case should I go or just wait next year until i have my CG?

ohh..i confused now
 
This is "administration" language... I first came in to USA on a B1 visa and it also stated in the embassy website that a visa is not a garantee to enter USA :D it's like ... the fine print :)

if you really don't need and not in the urge of travel... wait for GC although you might read somewhere in a website that Green Card is not a garantee admission to enter USA :D:D:D

each case has its circumstances



right?
 
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Do not be paranoid. Even a green card does not assure you of entry to the United States. This is just legal mumbo-jumbo. Relax unless you are a criminal or something like that.
 
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thankful said:
Do not be paranoid. Even a green card does not assure you of entry to the United States. This is just legal mumbo-jumbo. Relax unless you are a criminal or something like that.
Click to expand...

On what basis can they deny you entry with a GC? If you are a criminal/Terrorist etc or you abandoned your residency right? Other than that..they cant just deny you right? if they feel lilke?
 
wantmygcnow said:
On what basis can they deny you entry with a GC? If you are a criminal/Terrorist etc or you abandoned your residency right? Other than that..they cant just deny you right? if they feel lilke?
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Even then they would want to arrest you and prosecute you. Only when you come out of the jail, they would try to deport you if you are a GC holder. I don't think there is any viable way for them to deny you entry as a GC holder. (only if you are returning back after more than 1 year. then they can say that you have broken your residency).
 
If you have been absent for over 180 days the grounds of inadmissibility (health, public charge) would be applicable. Prior to 180 days, no.
 
wantmygcnow said:
On what basis can they deny you entry with a GC? If you are a criminal/Terrorist etc or you abandoned your residency right? Other than that..they cant just deny you right? if they feel lilke?
Click to expand...

If you have been out for more than 180 days you are an applicant for admission to the United States. As such you can be excluded under one of the many provisions of section 212(a). If less than 180 days then you are generally not an applicant for admission, but grounds of deportation (removal) will be applicable.

Being an asylee is advantageous in that most exclusion grounds under section 212 under section are not applicable either by law or by policy.
 
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This asylee exception, does that count even if you're traveling with a GC? And obviously, on an RP, the 180 day thing isn't an issue right?
 
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