need a little advise

newcomer01

Registered Users (C)
A quick question.
if someone came to USA illegal few years before, and he is now approved for derivative asylee status. if He wants to travel outside US and enter US again by using his RTD. Is he barred 3 year or 10 year because of his many years of illegal stay in US??
 
newcomer01 said:
A quick question.
if someone came to USA illegal few years before, and he is now approved for derivative asylee status. if He wants to travel outside US and enter US again by using his RTD. Is he barred 3 year or 10 year because of his many years of illegal stay in US??
I think that since you have a Refugee Travel Document, you are entitled to come back to the USA. just read what is inside the document carefully. For example, in page 1, there is the following segment:
2.the bearer will be permitted to return to the United States within the period of validity of this document and may be accorded the immigration status specefied therin (i.e asylee status or permenant resident status).
Everytime I came back to the USA using this document i do not recall anyone asking whether i stayed illegally in the USA.
Having said that, i urge you to talk to your lawyer and see if he/she has a different perspective.
Good luck
 
I would highly recommend you to talk to a good lawyer. This could get very serious if you leave country and later find that you are inadmissible. So be very very sure and definitely talk to a lawyer.
 
newcomer01 said:
A quick question.
if someone came to USA illegal few years before, and he is now approved for derivative asylee status. if He wants to travel outside US and enter US again by using his RTD. Is he barred 3 year or 10 year because of his many years of illegal stay in US??


I think this bar is waived automatically in case of asylees.
 
Yes, I agree with Canterbury 2 . Once you are granted Asylum your status changes to Asylee. I doesn't matter what you were before , you are no more illegal . You past illegal status might come into picture at the time of Green card interview or Citizenship interview but for sure has nothing to do with getting back into the country.
 
jw1951, can you please clarify. if i am not mistaken, Gilbert touched on that subject before when i asked that question in the past, because i entered legally to the US but i was out of status for a period less then 3 years.

thanks
 
cider_or said:
jw1951, can you please clarify. if i am not mistaken, Gilbert touched on that subject before when i asked that question in the past, because i entered legally to the US but i was out of status for a period less then 3 years.

thanks

Gilbert told us that if an asylee returns on AP, he is no longer an asylee but is a parolee. He emailed me an internal INS legal memo on this subject.
 
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