RTD follow up...

jay 011

New Member
Hello everyone,
I posted a question a while ago concerning the RTD and Jack was kind enough to respond in detail to all my concerns, so thanks Jack for your time and effort. I said that I would post a new message as soon as I meet with the immigration attorney to share his advice with all of you guys. During the meeting, I asked many questions concerning the RTD and his answers were identical to Jack’s answers. The main reason I went to see him is to ask about the application of the pertinent laws in real life and he just failed to give me a specific answer to my concerns, which I really understand because obviously the experiences of asylees is not identical in any way and varies from person to person. Examples: I asked about renewing the passport while I-485 is still pending, he said some did really faced harsh and big problems (he is talking about his clients who tried to do that recently), on the other hand, some asylees just did not have any problem and that last year the INS stamped three renewed passports belongs to 3 of his clients whom they where asylees and they were not questioned at all. I asked about RTD and whether I can use it to travel abroad for a job and use it to re-enter back to the states, he said that %99 the INS and upon my return will make a determination that I abandoned my status as an asylee waiting to adjust and that working abroad considered a firm re-settling in a foreign country. Also, I asked if it happened that he had an experience with one of his clients travelling back to country of persecution after obtaining the G.C., he said that yes, most of them does but he strongly recommend that no asylee should do that after a short time of getting his GC for the fact that this consider a showing that you do not have any fear of persecution any more and the INS will reopen the case and determine that you fraudulently procured your asylum. Another important issue I would like to discuss with you guys and I was informed by that from a couple of friends who obtained RTD’s to visit Canada last week, the thing is they really did face some problems trying to get a Canadian visa with no passport, which eventually did after a while but the funny thing happened when they both got back from Canada when the INS officer took their I-94 (the permanent one issued to both of them when the were granted asylum) and he substituted this with a regular I-94 that expires in one year, they didn’t know what to say the officer just insisted on that and recommended to see the INS local offices for any further question which they will today. I am not sure if what they did in the airport is right and what are the consequences for this action.
Finally, I just wanted to thank all of you guys out there that is willing to respond and share experiences with other asylees. I can safely say to anybody reading this message that this forum is a great resource for obtaining information and I wanted to stress on the point especially after reviewing many of some peoples responses that the knowledge offered here is sometimes way more valuable than what a specialized immigration attorney can offer in some cases, please do not take what I say for granted, because when it comes to real life situations, nothing substitute an advice from a specialized person who will take full responsibility for his actions and he/she will be the closer one to evaluate your situation.
Jack, thanks a lot again for your advice, I really appreciate that, and please keep up the good work, I mean personally, reading the messages posted here and knowing that many other people share the same frustrations and depressions is the biggest daily relief for me and I am sure to many others out there.
 
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Hi J.A,

  No problem at all. Regarding the asylee travel issue I just want to reiterate that eventhough there is a memrandum (Bo Cooper memorandum) issued alot of discrepancies happen. Sometimes our cases are being handled by inexperienced IIOs, social security employees, and other civil servants who do not keep themselves up-to-date with the latest laws and regulations. I posted my experience at the local Social Security office when I went there to obtain my new social security card. The clerk stubbornly insisted that asylees are no different from any other types of immigrants (except GC holders) and therefore we can only get SSC with restricted employment legend. She even refused to read the SS letter I printed from DSS web site. When I insisted on seeing her supervisor she told me he has already went home, there\'s no need to see him etc. So I had to be rude and barge into the advisor\'s office and explain my situation to him. The supervisor said their office has already received an order from Baltimore office informing of this change, but it so happens that the clerk has not read that order. Another incident took place when I took my friend to enroll in him in a local University. Again I was confronted by an inexperienced receptionist who is herself an immigrant. She quoted wrongly that the school policy does not permit asylees to be eligible for in state tuition. I had to threaten her with a discrimination law suit to see her boss. All very unpleasant experiences.
   I don\'t know if the September 11 attacks impacted on asylee travels to Canada, but before I was told that countries like Canada, UK, and EU countries have no problem issuing vistor visas to asylees holding RTDs.
  In my humble opinion overseas (outside of the US) jobs are not best suited for the asylees because of the INA defining the asylee status validity can come in conflict with the job requirements.
 
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Hi J.A., Thanks for posting your experience and sgharing your attorney\'s advice. That\'s very kind of you. People like you make this Forum a useful place to learn more about this process in which all of us are involved.
I mostly agree with what your attorney says. As for traveling to Canada, sometime ago I also posted my experience. I traveled there by the begining of last year, and had no problem to get my visa from Canadian Consulate stamped in my RTD. I had no problems to enter Canada. Well, I had to wait half an hour to talk to a Canadian IO, but as soon as he saw the document everything went fine.
When I came back to the US, the IO kept my old I-94 and issued a new I-94 with the stamp of being admitted as refugee, with no expiration date, and employment authorized.
I don\'t think that what the IO did to your friends is the right procedure unless there are details of the story not diclosed yet. Anyway, they have the option of applying for a new I-94, and if they still hold the status of asylees, they might get the right I-94.
As Jack said maybe things are different now after September 11 and also is a fact that you will always have to face a inexpert not well trained employee; however, I believe that if your friends still hold the asylee status, the IO made a mistake.
And now I remember that when I came back to the US the IO looked at my RTD, and my impression was that he didn\'t know what to do, then called to his supervisor and he issued the new I-94. Thanks again and good luck
 
Maybe it depends on port of entry?

Since I got my asylum, I travelled quite a bit. JFK immigration officers always always issued my I-94 with expiration date 1 year and employment authorized stamp. Never took them longer than 10 min, but each time they put my different answer in "country of citizenship". I wonder how it going to be now - I am going on vacation tomorrow. When I will be back I will definitely report on after September 11 immigration control.
 
Thanks to every and each one of you....

Hello all,
Thank you very much for sharing your thoughts with me and sharing the experiences that each one of us faced at certain stage of his stay in the U.S.
As for my friends that I mentioned in my last message, they both went yesterday to see an Immigration officer in local offices here, fortunately, everything just went well for them, he substituted these I-94 cards with cards states that they are both asylees and the most important thing is that there is no expiration date at all, so I guess they were both happy about that.
Just wanted to share that with you guys. Also, me and my wife are going next week to the Social Security Administration trying to substitute our restricted SS, I hope it will work out, we are really tired of keep repeating the same damn story every time we have a governmental follow-up but what to do? We even printed out the pertinent law and we will see, I will let you know how did it go even though I know that probably each one of you have his own unique story when he did that.
Take care every one and have a nice weekend.
Jay
 
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Thanks Jay. Is good to know everything went fine for them. It happens that not all the Officers are well trained and don\'t know the right procedures. You will also find the same with the SS. Not too much ago Jack also posted his experiences. But you have to insist if there is any problem. When I went to the SS office, the employee didn\'t pay attention to what I was explaining to her nor accepted to read the letter. Because I insisted she checked my status in the computer and then her answer was:"Yes, you are an asylee and you should have an unrestricted card. We have been issuing unrestricted cards to asylees for years. They made a mistake when gave you a restricted card" (!!!) and then she proceeded to order my unrestricted card.
The following week my family went to the same office and another employee told them a complete different story, but finally issued the unrestricted card for them also. Thanks again and good luck.
 
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Jay,

 Just a quick reminder before you go to the SS office. Print out the SS letter, the link is in one of my old posts in this forum. Be sure to tell the SS clerk you are applying to get a card with unrestricted employment conditions. If you don\'t say anything the Baltimore office will send you the card with "valid to work only with INS authorization only."
 
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