My thoughts on latest USCIS "Fact Sheet"

N

Noman74

Registered Users (C)
If an Officer can question an Asylum based PR on his/her travel back to COP and your GC gets revoked later on just because it was based on Asylum, What makes you think you are safe after you become a U.S Citizen and travel back home? Can’t they revoke your U.S Citizenship since it was originally based on Asylum? Doesn’t the same ground rule apply here?

Will there be a Red flag attached to our names for the rest of our lives?

Just a thought.
 
let's make something clear:USCIS revoke an individual naturalization not US citizenship.
In my opinion once your naturalized as US citizen ..you Good.
 
Noman74 said:
If an Officer can question an Asylum based PR on his/her travel back to COP and your GC gets revoked later on just because it was based on Asylum, What makes you think you are safe after you become a U.S Citizen and travel back home? Can’t they revoke your U.S Citizenship since it was originally based on Asylum? Doesn’t the same ground rule apply here?

Will there be a Red flag attached to our names for the rest of our lives?

Just a thought.
Click to expand...


No green cards and citizenship are two different animals.
 
Noman74 said:
If an Officer can question an Asylum based PR on his/her travel back to COP and your GC gets revoked later on just because it was based on Asylum, What makes you think you are safe after you become a U.S Citizen and travel back home? Can’t they revoke your U.S Citizenship since it was originally based on Asylum? Doesn’t the same ground rule apply here?

Will there be a Red flag attached to our names for the rest of our lives?

Just a thought.
Click to expand...

Historically, there has been lot of fraud on asylum based cases...thats why winning asylum was hard before & is hard now. There was a reason they introduced the asylee cap, it was to discourage people from applying for asylum.

With that being said, if you proved your case in front of a judge or an officer, you have proven that you were persecuted. simple as that. However what USCIS gives can be taken away....

As to this memo, USCIS has ALWAYS left "wiggle" room for themselves...in every case. For instance, marriage based GC can also be taken away if they think your marriage is not legit or H-1 based GCs if they think the company did some fraud...even naturalization can be revoked in rare cases such as if you were part of the nazi party.

So the theory that many others on this board including myself believed was always true. With USCIS you never know. Everyone make their own decision. This memo is not black/white but it does give USCIS some wiggle room to question you if they think you obtained asylum based on fraud.

For some board members to claim that "dont worry stupid" is out the door now. Also yes you can sue as much as you want but honestly how many would want to sue USCIS and go through the hassle??
 
Noman74 said:
If an Officer can question an Asylum based PR on his/her travel back to COP and your GC gets revoked later on just because it was based on Asylum, What makes you think you are safe after you become a U.S Citizen and travel back home? Can’t they revoke your U.S Citizenship since it was originally based on Asylum? Doesn’t the same ground rule apply here?

Will there be a Red flag attached to our names for the rest of our lives?

Just a thought.
Click to expand...


Noman: Citizenship is of completely different story. If you became a US citizen through asylum, it means that abondoned the protection of your country of birth. The United States government protects you now. For example, if you return to your COP after you become citizen, you normally would have american passport + COP visa. If your country of COP arrests you the US government can come to your protection. If you commit a crime in that country, or if you have outstanding warrrant in COP the US government can do little, but COP can not simple arrest you. It would be held accountable, but if you are greencard holder you don't enjoy that protection unless you are very important person for the US government.
 
faysal said:
Noman: Citizenship is of completely different story. If you became a US citizen through asylum, it means that abondoned the protection of your country of birth. The United States government protects you now. For example, if you return to your COP after you become citizen, you normally would have american passport + COP visa. If your country of COP arrests you the US government can come to your protection. If you commit a crime in that country, or if you have outstanding warrrant in COP the US government can do little, but COP can not simple arrest you. It would be held accountable, but if you are greencard holder you don't enjoy that protection unless you are very important person for the US government.
Click to expand...

My argument is: If the label of "Asylee" doesn't go away even after you become a PR, What makes you think it will go away when you become a U.S. Citizen? If they can question you about the source of your GC, don't you think they have the autority to question the source of your Citizenship which is based on Asylum to begin with? As soon as he swipes your new blue passport, don't you think he has your full Immigration history right in front of his eyes?

And i am not talking about people getting arrested in COP. I am talking about an IO questioning you about your travel to COP at the POE.

All this non-sense makes me think that we will always be "labeled" as "Asylee" no matter what your current status is.
 
Noman74 said:
My argument is: If the label of "Asylee" doesn't go away even after you become a PR, What makes you think it will go away when you become a U.S. Citizen? If they can question you about the source of your GC, don't you think they have the autority to question the source of your Citizenship which is based on Asylum to begin with? As soon as he swipes your new blue passport, don't you think he has your full Immigration history right in front of his eyes?

And i am not talking about people getting arrested in COP. I am talking about an IO questioning you about your travel to COP at the POE.

All this non-sense makes me think that we will always be "labeled" as "Asylee" no matter what your current status is.
Click to expand...


In my opinion, once one becomes citizen he/she is a citizen. The asylee label is gone; however, if they feel there were a fraud in the processing of getting the citizenship, they can unravel if they want to...A couple of days, there were the story of refugees some of whom were citizes who got arrested because they lied on their original application for refugee.
 
If you go to your country of origin after asylum even if as a citizen they can revoke it. They can always say that your initial green card was based on fraudulent info or you were not eligible for that so naturalization derived from that too can be revoked but that is probably not gonna happen as denaturalization is not easy. However once you get it asylum there is no reason for you to go back to home country after all you fear persecution that is why you applied for asylum. In my opinion this should be the case as I have seen people who apply for asylum, go to there home countries for vacation, one guy gave interview there in home country newspaper regarding how that country had great talent but politicians were ruining the country. He was a post doc and had applied for asylum even though his govt sponsored him for his PHd in a european country. Lot of fraud in this business.
That is the price you have to pay I guess.
 
Noman74 said:
My argument is: If the label of "Asylee" doesn't go away even after you become a PR, What makes you think it will go away when you become a U.S. Citizen? If they can question you about the source of your GC, don't you think they have the autority to question the source of your Citizenship which is based on Asylum to begin with? As soon as he swipes your new blue passport, don't you think he has your full Immigration history right in front of his eyes?

And i am not talking about people getting arrested in COP. I am talking about an IO questioning you about your travel to COP at the POE.

All this non-sense makes me think that we will always be "labeled" as "Asylee" no matter what your current status is.
Click to expand...

How can they forget how you obtained your Permanent Residency? Sorry to bring up another story here but this dude I know...been here since 1980, got his PR through amnesty...He applied for a security clearance and he got it ofcourse but during his interview, they did ask him how he became a U.S Citizen...

Since he was unlawful before amnesty, they did grill him why did he break "US Laws".....This country is built on paper-work...When any of you will go for U.S Citizenship interviews, they have one table full of all paper concerning you..
 
I do not know why it is called " Fact Sheet" because it does not bear any statistical data or examples. Since it is so vague, I wouldn't treat it any different from existing CIS field manual. Again the law itself and the enforcment by CIS always has discrepance, plus the poor or superb skill of individual I/Os, all of these have created the versatile experience, and hence our endless discussions..

The timing of this "Fact Sheet" or re-issuing of it is a sign that CIS is going to treat AS and AS-based GC more strictly...

Even for some COP consulates, they now start to ask USC who originally came from COP their US immigration hisory... This means even after you become USC, your COP visa is not guaranteed
 
Noman74 said:
If an Officer can question an Asylum based PR on his/her travel back to COP and your GC gets revoked later on just because it was based on Asylum, What makes you think you are safe after you become a U.S Citizen and travel back home? Can’t they revoke your U.S Citizenship since it was originally based on Asylum? Doesn’t the same ground rule apply here?

Will there be a Red flag attached to our names for the rest of our lives?

Just a thought.
Click to expand...
Come on, don't let that "fact sheet" scared you too much! After citizen, you are free to visit your COP, because now you are under US governement's protection, and your COP can no longer arrest you, hence you no longer fear persecution in your COP by visiting you COP. It's that simple, just use your common sense. No one can challenge you on this.
 
Noman74 said:
My argument is: If the label of "Asylee" doesn't go away even after you become a PR, What makes you think it will go away when you become a U.S. Citizen? If they can question you about the source of your GC, don't you think they have the autority to question the source of your Citizenship which is based on Asylum to begin with? As soon as he swipes your new blue passport, don't you think he has your full Immigration history right in front of his eyes?

And i am not talking about people getting arrested in COP. I am talking about an IO questioning you about your travel to COP at the POE.

All this non-sense makes me think that we will always be "labeled" as "Asylee" no matter what your current status is.
Click to expand...

I believe I read on some attorney's web site that your immigration history can only be pulled up at the POE if you are in any other status BUT US Citizen. So basically, they have your immigration history if you are a GC, asylee but not as a USC...
 
recent USCIS factshet

I think noman74’s questions are valid, but unfortunately USCIS is rarely acting rationally.. As for the factsheet, I hope that it’s just for the purpose of public education. I found many factsheets under USCIS website’s Press Room section. Some are announcing new initiatives and some are just recapping existing rules and laws.. This particular factsheet doesn’t say anywhere that there will be more scrutiny… But again, you can never be safe..

V.V.

P.S. I would be much more worried if there was an internal USCIS memo to field officers which talks about permanent residents traveling to their COPs..
 
If you click the original address, you will see only the revised version now. I could not tell any difference. Could someone please help?
 
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