Regarding "Inadmissibility" Question.

Wynn

New Member
Good Morning, I have been followed up this forum few months already and I read many articles you guys posted and discussion are knowledgeable and useful therefore it is possible can share your though and experience about my situation here.

I am Asylee and granted my Asylum last year 2014. I am going to apply my Green Card mid of this year 2015. Let me describe about my story here. My last entry to USA was November 2003 and remain presence inside USA mainland and never travel abroad. I filed my Asylum after 10 years and granted 3 months later. I filed my Asylum case over a year deadline and I was using Exceptional Circumstances and finally USCIS accepted it and granted my Asylum. My Asylum case is based on "Membership in a particular social group" category.
I was using my B2 tourist Visa entry to USA (lawfully presence that period) and over-stay (unlawful) more than 10 years. Here is my concern question:-

1. I read many articles are regarding "inadmissibility" matter for 3 years and 10 years bar. Although someone already as an Asylee but is over-stay within lawful period inside USA will caused the problem or ineligibility to apply Green Card in future. I was definitely over-stay more than 10 years. I have no idea my case here will consider as an "inadmissibility"? Someone said No and someone said "May be". As what I know, as an Asylee, it will be automatically fully protected by USA and everything will be restart again after the Asylum status granted, am I right? Would it be affected my Green Card Application?

2. Also, I read that majority Asylee obtained their Green Card between 6 months to 12 months period. I do not have any criminal record and as clean as white paper in the past (just over-stay consider unlawful presence), would it be possibility to delay my Green Card processing time longer?

I wish and glad to hear from you guys and others experience here.

Regards,
Wynn
 
1. The 3-year/10-year ban for unlawful presence only triggers after accruing a certain amount of unlawful presence, and then leaving the U.S. You have not left the U.S. after accruing the unlawful presence, so this would not apply to you. (For example, people who've overstayed for any number of years can still do Adjustment of Status as an immediate relative of a U.S. citizen, for the same reason.)
 
1. The 3-year/10-year ban for unlawful presence only triggers after accruing a certain amount of unlawful presence, and then leaving the U.S. You have not left the U.S. after accruing the unlawful presence, so this would not apply to you. (For example, people who've overstayed for any number of years can still do Adjustment of Status as an immediate relative of a U.S. citizen, for the same reason.)

Thank you for your reply newacct:) Yes, fortunately I have not left USA after accruing the unlawful presence. I have been living at USA almost 12 years without travel abroad outside USA. I definately will not travel outside USA now before I obtained my Green Card.

Can I have one more question newacct? What about going to Naturalization 5 years later? Does this "3-year/10-year ban for unlawful presence" will still apply or affect when I apply for Citizenship later? What if I did travel outside USA after I obtained my Green Card? I couldn't wait for another 5 to 6 years and travel outside USA due to this "unlawful presence" laws. Perhaps, it might make me worry too much here. May be after LPR, all those unlawful presence problem will be eliminated. Please advise me Newacct.

Thank you

Regards,
Wynn
 
Wynn, I am absolutely not sure of the law on this case, but I believe that once you were granted asylum, you started being a lawful resident in the U.S. Once you obtain your Green Card, you will be a lawful permanent resident and the 3/10 year bar will not apply to you anymore.
But just to be sure, I think you should wait for your Green Card and Travel Documents before leaving the country.
 
Can I have one more question newacct? What about going to Naturalization 5 years later? Does this "3-year/10-year ban for unlawful presence" will still apply or affect when I apply for Citizenship later? What if I did travel outside USA after I obtained my Green Card? I couldn't wait for another 5 to 6 years and travel outside USA due to this "unlawful presence" laws. Perhaps, it might make me worry too much here. May be after LPR, all those unlawful presence problem will be eliminated. Please advise me Newacct.
According to INA 101(a)(13)(C), a returning LPR is not considered to be seeking "admission" unless one of the things listed in that section apply, including if you left for more than 180 days, or if you engaged in illegal activity abroad. Therefore the bans will not affect you if you make a brief innocent trip abroad. I'm not sure about what would happen if you met one of those categories that makes you seeking "admission". I am not sure if leaving when you are an LPR even counts as leaving the U.S. for the purposes of triggering the ban.
 
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