Left Country with Pending Asylum - Urgent Request

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asylee1999

Registered Users (C)
My brother-in-law came to USA in year 2002 on 10-year visitor visa. He got 6 months entry at the POE. After entering USA, he applied for asylum and had asylum interview with IO. They told him that the decision will be mailed within 15 days but it was never mailed. After few months, he changed his mind and left USA but he overstayed for 15 days than the entry time allowed. His 10 year multiple entry visitor visa is still vaild till 2012. Now, he want to attend a wedding in USA. Can he come on the same visitor visa and he will stay for only 15 days? Are there any chances that he may be arrested at the POE and deported back?

Please reply and we will highly appreciate it.:eek:
 
i think if you have pending asylum, you are supposed to apply for RTD/Advanced Parole if you want to leave the country, otherwise your asylum application will be considered abandoned. he should be ok entering the states on his visa tho. tell him to go to the embassy. they will probably be able to give him more precise information. good luck to him.
 
Thanks for your reply. RTD or Advance Parole is applicable if your case is granted but his case was stuck in immigration and there was no decision on his case. In the mean time, he left the country without informing immigration.
 
not true, check out the attached document (USCIS Fact Sheet):

"Travel Outside the United States:
• Asylum Applicants: An asylum applicant who leaves the United States without first obtaining advance parole shall be presumed to have abandoned his or her asylum application. Advance parole (see: USCIS Form I-131) allows certain aliens to return to the United States without a visa after traveling abroad. Asylum applicants must receive advance parole before leaving the United States. Advance parole does not guarantee that the alien will be paroled into the United States. Rather, the asylum applicant must still undergo inspection by an immigration inspector from United States Customs and Border Protection (CBP)."
 
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