RTD or Advance Parole??

H

hatari999

Registered Users (C)
Hello All-

This topic may have already been discussed here but I just need something cleared up. I have already applied for adjustment of status (December 2003) and wish to travel this summer. I have just recieved my RTD but someone told me that if I have applied for adjustment of status, I need to get an Advance Parole because an RTD is only valid for refugee's and asylees who have not yet applied for adjustment of status.

Is this true? Is everyone here who has already applied for adjustment of status travelling with a refugee travel document or advance parole? Please let me know...

Thanks.
 
no problems

do not worry, if ANY application is pending and you are in valid refugee or asylee status you may use RTD without any problems.

Refugee Travel Document
A refugee travel document allows people who are or once were refugees or asylees to return to the U.S. after travel abroad. The refugee or asylee should apply for this benefit before leaving the U.S. In some cases, immigration officials may issue travel documents to refugees or asylees who are physically outside of the U.S. See 8CFR 223.2(b)(ii)
 
Ap!

I guess the other question is, why is the INS (I like to call it that way) is normally reluctant at issuing advanced parole? I know if a dozen people who applied for them, and were told to apply for an RTD instead, even though they had emergencies and a valid passport (from their home countries). One of my friends applied for the AP a few years a go, and was approved, but it took about 2 weeks to arrive in the mail, by that time there was no need for him to travel!

Man when I grow up, I want to run for the senate, and the first thing I will do is to introduce a bill to Dissolve the INS and FIRE everyone working for it, and give it to the private sector (hope they are not tracig my IP address:D) !
 
bringslite said:
I guess the other question is, why is the INS (I like to call it that way) is normally reluctant at issuing advanced parole? I know if a dozen people who applied for them, and were told to apply for an RTD instead, even though they had emergencies and a valid passport (from their home countries). One of my friends applied for the AP a few years a go, and was approved, but it took about 2 weeks to arrive in the mail, by that time there was no need for him to travel!

Man when I grow up, I want to run for the senate, and the first thing I will do is to introduce a bill to Dissolve the INS and FIRE everyone working for it, and give it to the private sector (hope they are not tracig my IP address:D) !
Click to expand...

An asylee who uses AP CANNOT be readmitted to the country as an asylee. He will be called a parolee. To stay as an asylee, he MUST use a RTD. And he is not expected to use a passport. What is so hard to understand??
 
Ap

jw1951 said:
An asylee who uses AP CANNOT be readmitted to the country as an asylee. He will be called a parolee. To stay as an asylee, he MUST use a RTD. And he is not expected to use a passport. What is so hard to understand??
Click to expand...

What is a bad thing by being called as a Parolee? Does this mean that you cannot continue your I485 application, and cannot get a green card or citizenship later on?

Thanks.
 
ynn said:
What is a bad thing by being called as a Parolee? Does this mean that you cannot continue your I485 application, and cannot get a green card or citizenship later on?

Thanks.
Click to expand...


Our former moderator,Gilbert, posted a BCIS legal memo on this matter one year ago.

When you become a parolee, you lose most rights associated with asylum status. You cannot continue your I-730, must apply for an EAD every year and will be denied most public benefits.
 
O.k.

jw1951 said:
What is so hard to understand??
Click to expand...
No need for the insult. We are all learning here. If you know something, Einstein, just explain it! :rolleyes:

The INS never explains when you apply for an AP what's it's all about, rather than telling you that it's for emergency travel, and/or you need an AP or a RTD before you depart the country.
 
bringslite said:
No need for the insult. We are all learning here. If you know something, Einstein, just explain it! :rolleyes:

The INS never explains when you apply for an AP what's it's all about, rather than telling you that it's for emergency travel, and/or you need an AP or a RTD before you depart the country.
Click to expand...


Read your asylum approval letter, it states that you MUST use a Refugee Travel Document to return to the United States.
 
jw1951 said:
Our former moderator,Gilbert, posted a BCIS legal memo on this matter one year ago.

When you become a parolee, you lose most rights associated with asylum status. You cannot continue your I-730, must apply for an EAD every year and will be denied most public benefits.
Click to expand...

But for most of us already have no restriction in our Social Security Card anyway, so we don't need EAD to get a job, and what are public benefits asylee can get? Is there any?

So that means, as a parolee we still can continue the I485 and become citizen later on, right?

Thank so much.
 
Correct me if I am wrong.

usa2002 said:
Read your asylum approval letter, it states that you MUST use a Refugee Travel Document to return to the United States.
Click to expand...

Correct me if I am wrong, With this USCIS May press release http://uscis.gov/graphics/publicaffairs/newsrels/TravelAdvisory5_24_04.pdf, My understanding is that, asylee and asylee with pending I485, you have to have Advanced parole in your hand before leaving the US. So if you are using RTD, you still have to have AP too. Is that correct?

Thank you so much.
 
ynn said:
Correct me if I am wrong, With this USCIS May press release http://uscis.gov/graphics/publicaffairs/newsrels/TravelAdvisory5_24_04.pdf, My understanding is that, asylee and asylee with pending I485, you have to have Advanced parole in your hand before leaving the US. So if you are using RTD, you still have to have AP too. Is that correct?

Thank you so much.
Click to expand...

No. The AP requirement is ONLY for people who are applying for I-485 on the basis of employment and family immigration. Asylum-based I-485s are considered special situations. And an AP is not required. As JW states, using AP can even be harmful to your immigration status.

At least this is my understanding. I am going to email Gilbert and have this confirmed.
 
anotheryear said:
No. The AP requirement is ONLY for people who are applying for I-485 on the basis of employment and family immigration. Asylum-based I-485s are considered special situations. And an AP is not required. As JW states, using AP can even be harmful to your immigration status.

At least this is my understanding. I am going to email Gilbert and have this confirmed.
Click to expand...


I received a reply from Gilbert and he told me that this is a correct understanding.
 
AP can be obtained even if your are an asylee.
At one time, i've had an RTD+ AP when i traveled oversee.
So if you have a national passport you should have an AP whne leaving US but if you don't have a passport then you have to have an RTD.
hope this help.
 
derila2003 said:
AP can be obtained even if your are an asylee.
At one time, i've had an RTD+ AP when i traveled oversee.
So if you have a national passport you should have an AP whne leaving US but if you don't have a passport then you have to have an RTD.
hope this help.
Click to expand...

This is false information. An asylee is required to use RTD.
 
If i have had at one point AP and RTD, how could you say this is false infos?
Read below :

How to File For Advance Parole
An alien in the U.S. and applying for an Advance Parole document for him- or herself must attach:

A copy of any document issued to the alien by the Service showing present status in the United States;
An explanation or other evidence demonstrating the circumstances that warrant issuance of Advance Parole.
If the alien is basing his or her eligibility for Advance Parole on a separate application for adjustment of status or asylum, he must also attach a copy of the filing receipt for that application.
If the alien is traveling to Canada to apply for an immigrant visa, he or she must also attach a copy of the consular appointment.
 
derila2003 said:
I would say the text above is from the USCIS site.
Thanks
Click to expand...


Nowhere does it say that a person APPROVED for asylum can obtain AP. It refers only to an asylum APPLICANT.

In fact, the BCIS website on asylum states very clearly that "If an asylee plans to depart the United States, he or she MUST obtain permission to return to the United States before departure by obtaining a Refugee Travel Document." The link is http://uscis.gov/graphics/services/asylum/types.htm#grant.

Perhaps you should check the dictionary definition of the word "MUST."


So I suggest that people do not spread false rumors.
 
So you still don't beleive that at one time i've had an AP and RTD both at the same time.
Even coming back from europe i asked an officer at the chicago airport who told me that i can apply for either document.
By the way, I don't gain anything by spreading false infos.
 
derila2003 said:
So you still don't beleive that at one time i've had an AP and RTD both at the same time.
Even coming back from europe i asked an officer at the chicago airport who told me that i can apply for either document.
By the way, I don't gain anything by spreading false infos.
Click to expand...


I am also not willing to buy this story because the rules require in plain language that an asylee has to use a RTD and not AP.
 
My wife traveled three times on AP

Asylee who has a valid passport of his/her native country can apply for AP and travel with it.
My wife applied three times during last 5 years for AP and travelled with it with no problem. She is a derivative asylee but that doesn't make a difference. Any asylee can apply either for AP or RTD.

It is not a rumor.

Alex
 
Last edited by a moderator:
You must log in or register to reply here.
Top