RTD reentering USA after illegal presence for a long time.

G

gandrud

Registered Users (C)
Tis is not my case! Im just trying to help a friend who just got his asylum approved.


Anyone ever had trouble reentering US while traveling with RTD? I heard people whose visas were expired and had illegal 'presence' in US for certain period of time before receiving asylum status might have problem reentering USA, is it true? does anyone know about this. please help.
I have a valid asylee status and RTD. but my visa was expired for a while before i got valid stylee status.
 
gandrud said:
Tis is not my case! Im just trying to help a friend who just got his asylum approved.


Anyone ever had trouble reentering US while traveling with RTD? I heard people whose visas were expired and had illegal 'presence' in US for certain period of time before receiving asylum status might have problem reentering USA, is it true? does anyone know about this. please help.
I have a valid asylee status and RTD. but my visa was expired for a while before i got valid stylee status.
Click to expand...

You are mixing up issues that have no relationship to each other.

People with unlawful presence trigger a bar to reentry if they depart before getting an appropriate status. [Usually overstays must await a greencard to avoid a problem.]

Asylum is a valid status and travel on RTD is OK in regard to unlawful presence. Asylees have to avoid voluntarily availing themselves of protection from the COP.

It a case of comparing apples to oranges.
 
gandrud said:
Tis is not my case! Im just trying to help a friend who just got his asylum approved.


Anyone ever had trouble reentering US while traveling with RTD? I heard people whose visas were expired and had illegal 'presence' in US for certain period of time before receiving asylum status might have problem reentering USA, is it true? does anyone know about this. please help.
I have a valid asylee status and RTD. but my visa was expired for a while before i got valid stylee status.
Click to expand...

Asylees and green card holders will most likely go through a secondary inspection if they were in a removal proceeding in the past or they had (ICE arrest records) in the past. This is normal because their names remain in the system and the officers at the POE had limited access to dig for more information and they have to send you to higher level officer who will be able to resolve the issue.

Regarding the asylees who departs the U.S with RTD, section 212(a)(9)(b) will be triggered if the asylees had unlawful presence for 180 days or more before they got the asylum status. USCIS usually grants a waiver for section 212(a)(9)(b) when asylees/refugees apply for LPR status
 
Last edited by a moderator:
assylum said:
Asylees and green card holders will most likely go through a secondary inspection if they were in a removal proceeding in the past or they had (ICE arrest records) in the past. This is normal because their names remain in the system and the officers at the POE had limited access to dig for more information and they have to send you to higher level officer who will be able to resolve the issue.

Regarding the asylees who departs the U.S with RTD, section 212(a)(9)(b) will be triggered if the asylees had unlawful presence for 180 days or more before they got the asylum status. USCIS usually grants a waiver for section 212(a)(9)(b) when asylees/refugees apply for LPR status
Click to expand...

I've been here on a Student Visa F1 for many years (Internation Language Program, High School, College). Usually every 2 years I had to renew my Visa in Tijuana without any problems( I've never been here illegal and I was renewing/signed my i20 every single trip). I was traveling every summer and winter and always getting a new i94.

Last year I applied for asylum and after 3 months I was granted. Right after I applied for my RTD ($380) and 3 months later I got it at home.

My step-father lives in Norway and he has prostate cancer, I will go to Norway(Not my COP) in August for 2 weeks and my question is: Will I have problems at the Immigration in the USA? Remembering that I don't have a GC. (I already got the Schengen Visa)


Any thoughts? Thank you so much!
 
Last edited by a moderator:
gandrud said:
I've been here on a Student Visa F1 for many years (Internation Language Program, High School, College). Usually every 2 years I had to renew my Visa in Tijuana without any problems( I've never been here illegal and I was renewing/signed my i20 every single trip). I was traveling every summer and winter and always getting a new i94.

Last year I applied for asylum and after 3 months I was granted. Right after I applied for my RTD ($380) and 3 months later I got it at home.

My step-father lives in Norway and he has prostate cancer, I will go to Norway(Not my COP) in August for 2 weeks and my question is: Will I have problems at the Immigration in the USA? Remembering that I don't have a GC. (I already got the Schengen Visa)


Any thoughts? Thank you so much!
Click to expand...


You have nothing to worry about. Your immigration history is clean. Keep in mind that a random secondary inspection at the POE is normal and you should not worry about it if your trip is very short and you have a valid RTD and your trip is not to COP. Remember that you can not renew your national passport and you should not use it at all. Use your RTD only.
 
assylum said:
You have nothing to worry about. Your immigration history is clean. Keep in mind that a random secondary inspection at the POE is normal and you should not worry about it if your trip is very short and you have a valid RTD and your trip is not to COP. Remember that you can not renew your national passport and you should not use it at all. Use your RTD only.
Click to expand...

You and cafe are very helpful! Thank you so much. I just got scared after reading a post about. "RTD people will not be allowed back in the country ". The guy who posted Is an idiot. I'm trying to find the post again but can't find it. People who don't people should zip up, if you can't help don't try to open your mouth. Don't you think?

I still have a valid passport from my cop but I will not use it! I will have it with me but I will use just the rtd.

Again, thank you so much!
 
gandrud said:
You and cafe are very helpful! Thank you so much. I just got scared after reading a post about. "RTD people will not be allowed back in the country ". The guy who posted Is an idiot. I'm trying to find the post again but can't find it. People who don't people should zip up, if you can't help don't try to open your mouth. Don't you think?

I still have a valid passport from my cop but I will not use it! I will have it with me but I will use just the rtd.

Again, thank you so much!
Click to expand...

Hey café, I remembered something!

On the day of my interview the IO sat in front of the computer and scanned my history. He said that it shows that I left the country (I went on a cruise on January 8th) however it doesn't show the day I come back. So I had to prove that I flew back home( tickets, which cruise line, which countries) I even questioned the IO about a new i94 and he said that I didn't need one because I was on a cruise.

Do you think this will affect me? Flying back home?

July 2010- i went to Spain and I got a new i94
Jan 2011- i went on a cruise and the IO didn't give me a new i94 (so I kept the same from the day I flew back from Spain)
Feb 2011- i filled my asylum
April 2011 - i had my interview and that's when it didn't show the day I came back only the day I left. So I had to prove that I flew back from the cruise.
July 28th 2011- my asylum was granted
 
This was at your asylum interview? I don't really get it, but you were granted asylum, and you will have an RTD. You'll be going to a third country to which you have every right to go, and you will come back after a short, reasonable trip. The worst that could happen, really, is you being asked to go to secondary inspection where they might ask you a few more questions, but this is not a problem. It happens to many people. Never to me.
 
cafeconleche said:
This was at your asylum interview? I don't really get it, but you were granted asylum, and you will have an RTD. You'll be going to a third country to which you have every right to go, and you will come back after a short, reasonable trip. The worst that could happen, really, is you being asked to go to secondary inspection where they might ask you a few more questions, but this is not a problem. It happens to many people. Never to me.
Click to expand...

Yeah, that's what happened!

In july 2010 way before my asylum was granted, I went to Spain on my F1 Visa and on the way back I got a new i94 at the airport in DC.

Then on January 8th 2011 I went on a cruise to the Caribbean and back at the port , the IO should've taken the old i94 (That was given me in DC) and given me a new one, but he didn't. He didn't even check my passport and I asked him "Don't I need a new i94?....he said:no, because you were on a cruise"

On April 4th 2011 I had my asylum interview and before the interview the IO was going through my immigration history and he said...
Asylum granted on July 28th 2011.

IO: "There is something strange on your files"
Me: "Really? Why? What happened?"
IO: " It shows that you left the country on Jan 8th but it doesn't show that you got back"
Me: " I left on the 8th to Puerto Rico, Saint Maarten and Haiti and I got back on the 15th"
IO: "I totally believe in you"
Me: "I even asked the IO at the port if I needed a new i94 and he said no, because I was on a cruise"
IO: "He should've given you a new one...Immigration system is always making simple mistakes"
IO: "Can you send me a copy of you tickets proving that you were on a cruise and that you flew back to Los Angeles"

So Cafe, my point is did I fall in the 1 year category? Is the asylum based on the day that you filed for it or based on the day that it was granted?
 
Last edited by a moderator:
gandrud said:
So Cafe, my point is did I fall in the 1 year category? Is the asylum based on the day that you filed for it or based on the day that it was granted?
Click to expand...

The worst thing that can happen to you is you will go through a secondary inspection where they will ask you few questions. This happens to a lot of people including me. You should not worry if your trip is short (no COP), your RTD is valid, and you have no criminal records. Do not renew your NP and do not go to your COP because the officer might ask about it if you go through a secondary inspection.
 
By 1 year category do you mean as an overstay? Did you send in proof of your cruise dates? Either way, you are now on a new status that was granted after you disclosed your previous trips, so you are fine.
 
cafeconleche said:
By 1 year category do you mean as an overstay? Did you send in proof of your cruise dates? Either way, you are now on a new status that was granted after you disclosed your previous trips, so you are fine.
Click to expand...

Yeah overstay! Do I fall into that? And yes, I did sent all my trip papers. Cruise tickets, airline tickets.
 
No, you most likely don't fall into that category because you did NOT overstay and sent in proof of that. Even if there's a discrepancy, you will make it back into the country one way or the other.
 
cafeconleche said:
No, you most likely don't fall into that category because you did NOT overstay and sent in proof of that. Even if there's a discrepancy, you will make it back into the country one way or the other.
Click to expand...

Hey, cafe, Would you like to talk on the phone sometime? 805-689-4174
 
cafeconleche said:
No, you most likely don't fall into that category because you did NOT overstay and sent in proof of that. Even if there's a discrepancy, you will make it back into the country one way or the other.
Click to expand...

What's considered OVERSTAY? How? When? Can you tell me more about it. Please.
 
Overstay? Well, if you stay for longer than you are authorised, then you have overstayed. If you actually left, then you have not overstayed. You have not. They might think you have, but you have proof that you did not, and you sent proof of this.

I think I will decline to talk on the phone at this time, gandrud, unless/until you are in real trouble, which you are not. You are worrying a little too much. Just make your trip and enjoy it, in spite of your stepdad's illness.

By the way, take your number off the forum. If you send private information like that, do it via private messaging.
 
You must log in or register to reply here.
Top