Question to Gilbert: GC holder going home

J

JackIsBack

Registered Users (C)
Gilbert,

Are there any guidelines in the INA that clearly prohibits Asylee GC holders from visiting their home countries?
Are there any documented cases of asylee GC holders having their GCs revoked because they returned to their home countries?

I have always thought that all LPRs live by the same guidelines under the INA regardless of the differences in their immigration status prior to becoming LPRs.
If we have special rules that still dictates our travels back to our home countries then our true immigration status after receiving GC is "Asylees who are granted to stay in the US permanently under the conditions."
 
Originally posted by JackIsBack
Gilbert,

Are there any guidelines in the INA that clearly prohibits Asylee GC holders from visiting their home countries?
Are there any documented cases of asylee GC holders having their GCs revoked because they returned to their home countries?

I have always thought that all LPRs live by the same guidelines under the INA regardless of the differences in their immigration status prior to becoming LPRs.
If we have special rules that still dictates our travels back to our home countries then our true immigration status after receiving GC is "Asylees who are granted to stay in the US permanently under the conditions."
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I will let Gilbert answer that but here are my 2 cents:
I am not sure if you were following this forum but a member( maimi 2002 ) has constanly talked about his friend who traveled home after getting his green card based on asylum. This friend apparantly got a letter form the INS telling him that they will rescind his case as a result of his vist to his home coutnry. I am not sure if there are any regulations that prohibit the return home especially if the country of persecution has drastically changed and made serious steps towards democracy. However, as Gilbert point out, the BCIS has been acting funny lately. Just check what they are doing with Sessanga and others. This is a tough time to be in the wrong side and to give them an excuse to suspend your case and take the green card away. I can not go back home because things are still screwed back there however even if things get better i wont go back as long as there is this sick anti-immigrant sentiment in this country.
 
I know a few people who have heard from the INS/BCIS after a brief trip home.

Interestingly, these all arose after 911 and no final results have been reached yet.

As far as I know, there is no specific legal provisions saying that a former asylee who returns home after adjustment will have his gc revoked.

There are however provisions combating fraud in the immigration process. From the government's perspective, the asylum program is uniqely vunerable to deception on the part of the applicants. The government can for the most part never directly verify the bona fides of an asylum claim. Asylum officers often take applicants' words in a leap of faith. We should bear in mind that asylum is not a backdoor way to immigrate for people who lack the requisite family relationships or employment offers in this country. It is a humanitarian/extraordinary remedy for people whose lives are endangered.

So if an asylee goes up home for a visit right after getting permanent residence (barring a democractic revolution back home), it is reasonable for people to be suspicious. Take an extreme example, while the Nazis were in power, how many Jewish escapess would countenace a trip to Germany?

Since the terrrorist attack on the WTC and the Pentagon, the BCIS has been actively fighting fraud, real or imagined.

I hope my little rambling helps.
 
I think few people are not reading this forum carefully. Gilbert has already mentioned in my topics "If green card can be revoked, citizenship can also be revoked" that after citizenship, government has to file suit in Federal court and the process is lengthy and hard to prove. So they dont try it unless they believe that you were a guard at Nazi Camp.
 
There is no provision in INA (immigration & nationality act) that prohibits asylees specifically from going back. But again they can always get you for fraud.
 
Originally posted by Lazerthegreat
I think few people are not reading this forum carefully. Gilbert has already mentioned in my topics "If green card can be revoked, citizenship can also be revoked" that after citizenship, government has to file suit in Federal court and the process is lengthy and hard to prove. So they dont try it unless they believe that you were a guard at Nazi Camp.
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Dude, relax. There's no need to pack heat if YOU THINK a topic is repeated in the forum. Oh and FYI if one is suspected of even being a member of the Nazi party he or she wouldn't have gotten the green card in the first place.
 
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