I applied for assylum 2001...granted 2002.....applied for gc 2003.After apllying gc .... i apllied for travel document....nov2005 i got a emergency call tht ive to come home coz of my mom is verry sick....with the help of the TD i travelled to the different country, frm tht country finally i reached at my home country..i stayed 2 months with my mom in the hospital n i came back to US with the same way...wen i went to my country i got the finger prints in here for my PR.. after comming back frm my home country i gave the finger prints, after 5 month i check the status online tht it was showing tht my case has been transfered back to the assylum office.....the office came to know tht ive travelled to my own country...they found my passport which ive travelled to my home country.how??...when i went to the diff country i found the travelled agent n the agent mailed my home passpt to the usa...now my case has been terminated...from the day i came to the usa im paying the tax n my record is 100% clean....now wht is the option for me if i wanna apply for the green card or citizenship........i went to the court n the Immigration Jugde has given me too many extension from feb2010.now my next court is on march2011. plz help.
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Plz i need some help for my assylum case.
- Thread starter valero
- Start date
What grounds for asylum did you have? Whatever it was it did not stop you from returning home and staying safely for a couple of MONTHS. Asylum is essentially a "temporary protection" while you need it. If you don't need it thay will take it away.
They may seek to terminate asylum:
8 CFR 208.24 Termination of asylum or withholding of removal or deportation.
(a) Termination of asylum by the Service. Except as provided in paragraph (e) of this section, an asylum officer may terminate a grant of asylum made under the jurisdiction of an asylum officer or a district director if following an interview, the asylum officer determines that:
(1) There is a showing of fraud in the alien's application such that he or she was not eligible for asylum at the time it was granted;
(2) As to applications filed on or after April 1, 1997, one or more of the conditions described in section 208(c)(2) of the Act exist; or
(3) As to applications filed before April 1, 1997, the alien no longer has a well-founded fear of persecution upon return due to a change of country conditions in the alien's country of nationality or habitual residence or the alien has committed any act that would have been grounds for denial of asylum under §208.13(c)(2).
You have demonstrated your re-availment:
8 CFR 208.8 Limitations on travel outside the United States.
(a) An applicant who leaves the United States without first obtaining advance parole under §212.5(f) of this chapter shall be presumed to have abandoned his or her application under this section.
(b) An applicant who leaves the United States pursuant to advance parole under §212.5(f) of this chapter and returns to the country of claimed persecution shall be presumed to have abandoned his or her application, unless the applicant is able to establish compelling reasons for such return.
INA 208
(c) Asylum Status. -
(2) Termination of asylum. - Asylum granted under subsection (b) does not convey a right to remain permanently in the United States, and may be terminated if the Attorney General determines that -
(D) the alien has voluntarily availed himself or herself of the protection of the alien's country of nationality or, in the case of an alien having no nationality, the alien's country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or
OR WORSE, they may suspect a firm re-settlement in the "pass-through" country:
8 CFR 208.15 Definition of “firm resettlement.”
An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement unless he or she establishes:
(a) That his or her entry into that country was a necessary consequence of his or her flight from persecution, that he or she remained in that country only as long as was necessary to arrange onward travel, and that he or she did not establish significant ties in that country; or
(b) That the conditions of his or her residence in that country were so substantially and consciously restricted by the authority of the country of refuge that he or she was not in fact resettled. In making his or her determination, the asylum officer or immigration judge shall consider the conditions under which other residents of the country live; the type of housing, whether permanent or temporary, made available to the refugee; the types and extent of employment available to the refugee; and the extent to which the refugee received permission to hold property and to enjoy other rights and privileges, such as travel documentation that includes a right of entry or reentry, education, public relief, or naturalization, ordinarily available to others resident in the country.
They may seek to terminate asylum:
8 CFR 208.24 Termination of asylum or withholding of removal or deportation.
(a) Termination of asylum by the Service. Except as provided in paragraph (e) of this section, an asylum officer may terminate a grant of asylum made under the jurisdiction of an asylum officer or a district director if following an interview, the asylum officer determines that:
(1) There is a showing of fraud in the alien's application such that he or she was not eligible for asylum at the time it was granted;
(2) As to applications filed on or after April 1, 1997, one or more of the conditions described in section 208(c)(2) of the Act exist; or
(3) As to applications filed before April 1, 1997, the alien no longer has a well-founded fear of persecution upon return due to a change of country conditions in the alien's country of nationality or habitual residence or the alien has committed any act that would have been grounds for denial of asylum under §208.13(c)(2).
You have demonstrated your re-availment:
8 CFR 208.8 Limitations on travel outside the United States.
(a) An applicant who leaves the United States without first obtaining advance parole under §212.5(f) of this chapter shall be presumed to have abandoned his or her application under this section.
(b) An applicant who leaves the United States pursuant to advance parole under §212.5(f) of this chapter and returns to the country of claimed persecution shall be presumed to have abandoned his or her application, unless the applicant is able to establish compelling reasons for such return.
INA 208
(c) Asylum Status. -
(2) Termination of asylum. - Asylum granted under subsection (b) does not convey a right to remain permanently in the United States, and may be terminated if the Attorney General determines that -
(D) the alien has voluntarily availed himself or herself of the protection of the alien's country of nationality or, in the case of an alien having no nationality, the alien's country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or
OR WORSE, they may suspect a firm re-settlement in the "pass-through" country:
8 CFR 208.15 Definition of “firm resettlement.”
An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement unless he or she establishes:
(a) That his or her entry into that country was a necessary consequence of his or her flight from persecution, that he or she remained in that country only as long as was necessary to arrange onward travel, and that he or she did not establish significant ties in that country; or
(b) That the conditions of his or her residence in that country were so substantially and consciously restricted by the authority of the country of refuge that he or she was not in fact resettled. In making his or her determination, the asylum officer or immigration judge shall consider the conditions under which other residents of the country live; the type of housing, whether permanent or temporary, made available to the refugee; the types and extent of employment available to the refugee; and the extent to which the refugee received permission to hold property and to enjoy other rights and privileges, such as travel documentation that includes a right of entry or reentry, education, public relief, or naturalization, ordinarily available to others resident in the country.
Immigration officer had already terminated my case......now my case is with jugde.........I went to the imm lawyer for consultation n they says tht ive to re-apply assylum again... i wonder tht they will accept my assylum application if i send it back..... or wht will be the next procedure.....or wht must i do to go forward, i dont wanna go back to my country till i get citizenship of usa.
Immigration officer had already terminated my case......now my case is with jugde.........I went to the imm lawyer for consultation n they says tht ive to re-apply assylum again... i wonder tht they will accept my assylum application if i send it back..... or wht will be the next procedure.....or wht must i do to go forward, i dont wanna go back to my country till i get citizenship of usa.
Is your plan to get US citizenship and then go back?
You are in danger of being ruled as having filed a frivolous asylum applications. IF that happens you will be banned from ALL immigration possibilities for life in the U.S. and Canada due to a binational agreement.
@valero: I think the problem is you were very unlucky and you were asylee when you traveled outside US. Many people went back and forth to their home countries after getting their asylum-based GC or US Citizenship and they had no problem entering the US or with their legal status thereafter, especially in earlier years. Maybe, the US govt has some sort of "sharing information" agreement with that different country you traveled to and so US acquired the info that you traveled back to home country.
Think of it like before the officer adjudicated your GC application, he was going to review thoroughly your data, including your overseas travel. If that different country is located closely to home country, it raised his suspicions and triggered him to check whether you traveled back to home country. If the US wants to find out something, they have the resources to do it. Unless you walk or swim through the border back and forth without inspection, chances are that different country maintains records of your travel.
Also, did you tell your travel agent regarding your situation as asylee? If so, he/she may report you to US govt.
Questions for you:
- after your case was transferred back to asylum office, did you meet with the officer to discuss your case prior to status termination? OR they just terminate asylee status and transferred your case to court?
- If you meet with the officer, what kind of talks or discussions that both parties engage? Did you have your lawyer with you at that time?
Thanks.
Think of it like before the officer adjudicated your GC application, he was going to review thoroughly your data, including your overseas travel. If that different country is located closely to home country, it raised his suspicions and triggered him to check whether you traveled back to home country. If the US wants to find out something, they have the resources to do it. Unless you walk or swim through the border back and forth without inspection, chances are that different country maintains records of your travel.
Also, did you tell your travel agent regarding your situation as asylee? If so, he/she may report you to US govt.
Questions for you:
- after your case was transferred back to asylum office, did you meet with the officer to discuss your case prior to status termination? OR they just terminate asylee status and transferred your case to court?
- If you meet with the officer, what kind of talks or discussions that both parties engage? Did you have your lawyer with you at that time?
Thanks.
Sources of Adverse Information
An Asylum Office should not take action on adverse information received directly from
an overseas DOS consular or overseas DHS immigration officer before submitting it to
HQASM for review. DHS and DOS have established a protocol requiring that any adverse
information supplied by a DOS consular officer be directed to HQASM for review. If the
source of the adverse information is a DHS office overseas, the adverse information must
also be forwarded to HQASM for review. Asylum Office personnel refer to HQASM any
inquiries or information received by the Asylum Office directly from an overseas source.
The Asylum Office should not take further action before receiving written instructions from
HQASM.
When is an interview necessary for a termination?
If the Asylum Office possesses information that does not rise to the level of a prima facie
case in support of termination but that raises questions about the viability of the asylee’s
status, the Asylum Office may request a voluntary interview with the asylee. If the asylee
does not cooperate, the Asylum Office may coordinate with the Office of Fraud Detection
and National Security (FDNS), ICE Investigations, or (as in the case of overseas information
or where otherwise appropriate) with HQASM to develop the information further.
An Asylum Office should not take action on adverse information received directly from
an overseas DOS consular or overseas DHS immigration officer before submitting it to
HQASM for review. DHS and DOS have established a protocol requiring that any adverse
information supplied by a DOS consular officer be directed to HQASM for review. If the
source of the adverse information is a DHS office overseas, the adverse information must
also be forwarded to HQASM for review. Asylum Office personnel refer to HQASM any
inquiries or information received by the Asylum Office directly from an overseas source.
The Asylum Office should not take further action before receiving written instructions from
HQASM.
When is an interview necessary for a termination?
If the Asylum Office possesses information that does not rise to the level of a prima facie
case in support of termination but that raises questions about the viability of the asylee’s
status, the Asylum Office may request a voluntary interview with the asylee. If the asylee
does not cooperate, the Asylum Office may coordinate with the Office of Fraud Detection
and National Security (FDNS), ICE Investigations, or (as in the case of overseas information
or where otherwise appropriate) with HQASM to develop the information further.