returning to usa question

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eaudemale

Registered Users (C)
Hi everyone, I have a doubt about going back to USA. I arrived there asking for political asylum since I'm cuban. I was living in another country and became a citizen recently. Well I had to leave USA for an emergency and got my I-94 with me, well also my EAD and SSN, wich hasnt expired. Well the thing is that to go back to usa i need to apply for a travel document, but with the fact that i have another citizenship wich doesnt need visa to enter USA, besides cuban I could use that passport to reenter, due that i need to go back before my I-94 expires in order to apply for a green card..

Any help or suggestion would be wellcome... Thanks in advice
 
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eaudemale said:
Hi everyone, I have a doubt about going back to USA. I arrived there asking for political asylum since I'm cuban. I was living in another country and became a citizen recently. Well I had to leave USA for an emergency and got my I-94 with me, well also my EAD and SSN, wich hasnt expired. Well the thing is that to go back to usa i need to apply for a travel document, but with the fact that i have another citizenship wich doesnt need visa to enter USA, besides cuban I could use that passport to reenter, due that i need to go back before my I-94 expires in order to apply for a green card..

Any help or suggestion would be wellcome... Thanks in advice
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I assume from your post that you have been granted asylum in the states and that you departed the US without obtaining a RTD. If so and you are currently abroad, US may be able to make an exception and grant you a Refugee Travel Document. For this, you would need to contact the nearest US embassy or consulate for advice.
 
thanks for your answer...

it was not exactly asylum, it was the I-94 you get when you enter through any USA limits... and thats what you get to reside legally for a year in USA before you can apply for a green card.
the thing is that i left but to re enter i have to apply for a travel document or i can use the passport i got for the other citizenship i got.. do u think i would experience any issue doing this?

thanks
 
eaudemale said:
thanks for your answer...

it was not exactly asylum, it was the I-94 you get when you enter through any USA limits... and thats what you get to reside legally for a year in USA before you can apply for a green card.
the thing is that i left but to re enter i have to apply for a travel document or i can use the passport i got for the other citizenship i got.. do u think i would experience any issue doing this?

thanks
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So is your asylum application still pending in the US or no? I assume by saying "asking for asylum" you actually mean that you filed for asylum. If this is the case, then by departing the US and not obtaining advance parole with a pending asylum application, you have abandoned your request and will now have to use other means to enter the US (e.g. using the passport from the country of your nationality that does not require a visa to enter the US).
 
He had already asked the question before. He was "paroled" into the country with the expectation that he apply for his green card after one year of residence (under the law reserved for Cubans only). He then left the country without USCIS permission. So he cannot come back here without a special dispensation from the USCIS. I do not think any of us here is qualifed for answer his questions. If he is serious about coming back he needs legal counsel (not a post here from time to time). Good luck.
 
No, I havent applied for asylum... the thing, for Cubans and Haitians you enter to usa using a border earth or sea and you contact the authorities to ask for ''asylum'', then you get an I-94 form that lets you stay legally in the USA making you eligible for EAD and SSN for a year and then you can apply for a green card.
In this case, you dont need to get asylum granted to get it.

What I was wondering is if i wont get any issue re-entering into the USA using the mentioned passport, due that the I-94 hasnt expired, so i can be on time back to apply for a green card.

thanks
 
If you are a citizen and have a passport of a country that doesnt need visa for the U.S. I believe you can no longer use your I-94 for the cuban adjustment act. See you are now "protected" by your new citizenship, you are no longer in need for the USA to "protect you".

When entering the U.S. you may be in trouble since you have adquired a new citizenship.

Even if you are able to enter the U.S. the issue of your new citizenship will come up when adjusting your status (I-485).

However, try to get an attorney consultation, it may be a possibility that you are still able to enter the US with you I-94.
 
eaudemale said:
No, I havent applied for asylum... the thing, for Cubans and Haitians you enter to usa using a border earth or sea and you contact the authorities to ask for ''asylum'', then you get an I-94 form that lets you stay legally in the USA making you eligible for EAD and SSN for a year and then you can apply for a green card.
In this case, you dont need to get asylum granted to get it.

What I was wondering is if i wont get any issue re-entering into the USA using the mentioned passport, due that the I-94 hasnt expired, so i can be on time back to apply for a green card.

thanks
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Can you tell us what does your I-94 say? Does it say that you can be reenter the country?
 
Nope, it does not say anything related to re enter to USA. It just says, written by the guy at the mexican border, Cuban Parolee. and it expires on april 8th 2008. Just that. I also have a EAD and SSN
 
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You do not have a document that will allow you to return to the United States. You need to get a visa from the U.S. embassy or request a parole permission from the DHS.
 
yes, its from a visa waiver country, the question is that if I could have problems entering USA and/or applying for an I-485

thanks
 
eaudemale said:
So, that means that using the other passport could be an issue to return to USA or applying for the I-485..?
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if you re enter with your new passport and this passport eligible for visa waiver, you need to leave the USA after 3 months, if you did not leave you will be an illegal alien
 
I was under the impression that if you apply for any type of protection (asylum, or entry as in cubans and haitains) from the U.S. Government, by apply/getting citizenship or any type of protection from another country immediately disqualifies you from protection from the U.S.,you therefore lose whatever status you held. Hence, why they ask you if you have applied for residency/citizenship from another country.

I think because you are now a citizen of another country other than cuba (in your case) you may no longer have any claim to protection from the U.S. What this means is that you would be treated as citizens are from your "new country." If they have the protection of a 3 month visa and then you would have to exit the country at the expiration of your 3 month waiver...

PS: I would highly recommend that you check with legal counsel because, you are not disclosing everything, or many of us here (at least me).

I am curious, why did you leave the US? must have been a great counry for you to abandon your US protection for.
 
Pinkie

I thought the same thing too. When he first arrived in the US it was for protection. But now that he is a citizen of another country, he no longer needs protection - hence no more asylum because he can go back to the protected country.

eaudemale

I don't want to beat you up over this, but didn't you think about this before you left here? From your handle did you become a citizen of Canada? If so, and you have the right qualifications, there are other ways you can stay in the US. But by leaving and becoming a citizen of another country, I believe you abandoned your political asylum status.

You better consult a lawyer.
 
eaudemale said:
yes, its from a visa waiver country, the question is that if I could have problems entering USA and/or applying for an I-485

thanks
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Your new passport is from Argentina right?

Argentina is no longer a visa waiver country. We took Argentina off the list after the economic crisis in Argentina in 2002. You need a visa to enter as a citizen of Argentina.
 
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