Travel Advisory by INS

R

RAsylee

Registered Users (C)
I just learned of this travel advisory:

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November 14, 2002

INS Issues Foreign Travel Advisory for Aliens
With Pending Immigration Applications

The Immigration and Naturalization Service (INS) reminds aliens who have applied to adjust status to that of permanent resident that they must obtain Advance Parole (Form I-131-- Application for Travel Document) from the INS before traveling abroad (see INS Travel Advisory Questions and Answers). Travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status. Such aliens may be unable to return to the United States, their applications may be denied, or both.

Under the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, aliens who depart the United States after being
unlawfully present in the United States for certain periods
can be barred from admission to lawful permanent resident
status, even if they have obtained Advance Parole. Those aliens
who have been unlawfully present in the United States for more
than 180 days, but less than one year are inadmissible for
three years; those who have been unlawfully present for a
year or more are inadmissible for 10 years. Aliens who are
unlawfully present, depart the U.S. and subsequently reenter
under a grant of parole, may nevertheless be ineligible to
adjust their status.

INS urges all aliens with pending applications for adjustment
of status to consult an immigration attorney, immigration
assistance organization accredited by the Board of Immigration
Appeals, the INS National Customer Service Center at
1-800-375-5283, or the INS web site: www.ins.gov before
making any foreign travel plans.

-INS-

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This document can also be found at this link:

http://www.ins.gov/graphics/publicaffairs/advisories/02.11INSISSU.htm

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What I am not so sure is does this affect us as asylees?
I am concerned as my wife is canadian citizen and we do spend the holiday's with her family in Toronto. Uptil now I would get the RTD , have the canadian visa and besides little hassle at the border there were no problems in admission back in USA.
Does this article means that has changed now ?

Your advice will be appreciated as I will be making travel plans very soon and I would rather know now then a surprise at the border that may turn my life upside down, as if they refuse me entry I will have no where to go .. Literally...
 
Originally posted by cider_or
Gilbert, even if I stayed 2 years without status???
Click to expand...

I was saying that the AP requirement does not apply to asylees.

Out of status is a different issue and you should consult with an attorney. Or you may want to wait for the INS to issue formal regulations on this subject (sometime next year).
 
Gilbert, Do you think that Immigration officers can refuse entry to someone who is traveling on RTD?

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I just thought about this. With Advance Parole one is traveling with the home country's passport. So that person can be refused entry (maybe) and deported back to home country. In the case of an asylee, person does not have valid passport so where will this person end up?? An example would be like this.

I have RTD and travel to Canada. I am not a canadian. If I am refused entry in USA then why would Canada accept me? Since I do not have a valid passport to the home country what can be possible scenarios.??

Alas, sometimes I think I am thinking too much. On the other hand it is better to be knowledgeable and prepared. Thinking out this scenarios helps to be better prepared and to make appropriate decisions.....
 
some more tid bits of information that I have found on INS web site ...

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(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

http://www.ins.gov/lpBin/lpext.dll/...?f=templates&fn=document-frame.htm#slb-act212



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How Do I Get Legally Admitted to the United States?
(How Will I Be Inspected When I Come to a U.S. Port-of-Entry?)

An alien who is a lawful permanent resident of the United States must present a Permanent Resident Card ("Green Card", INS Form I-551), a Reentry Permit, or a Returning Resident Visa. (See How Do I Become a Lawful Permanent Resident While in the United States? and How Do I Get a Travel Document?)

(ONLY A PORTION FROM THE ABOVE DOCUMENT IS POSTED ABOVE, IF YOU WANT FULL DOCUMENT YOU CAN VIEW THIS LINK)

http://www.ins.gov/graphics/howdoi/legadmit.htm
 
Last edited by a moderator:
kaoticfury,

I am glad to hear of your positive experience. Hopefully you will share your observations and experience if you observe anything different in your future travels. It will be appreciated.

Thanks...
 
hi, i only got single entry visa, because if u dont leave the US, u can enter Canada from US as many times as u want before the visa expire
and extension of visitor visa is pretty easy, no interview needed, just wait for an hour, they will give u the new visa
(they will interview u at the first time, and i got mine in SEATTLE):p
 
Originally posted by kaoticfury
hi, i only got single entry visa, because if u dont leave the US, u can enter Canada from US as many times as u want before the visa expire

Hi Katio,
Can you please tell me that when you come to the US from Canada, do the US immigration officers just verify that you have a valid RTD to enter the US or do they also check/verify/care whether or not you had a visa for Canada, why you had gone there etc.

Thanks for your help,
Jimbol
Click to expand...
 
Originally posted by jimbol
Originally posted by kaoticfury
hi, i only got single entry visa, because if u dont leave the US, u can enter Canada from US as many times as u want before the visa expire

Hi Katio,
Can you please tell me that when you come to the US from Canada, do the US immigration officers just verify that you have a valid RTD to enter the US or do they also check/verify/care whether or not you had a visa for Canada, why you had gone there etc.

Also, do you have to give up your I-94 when you go to Canada from the US and do they issue you a new I-94 when you enter the US from Canada?

I would really appreciate your help with this.

Thanks,
Jimbol
Click to expand...
Click to expand...
 
hi, the only thing that i bring with me is the RTD.
i dont need to give up the i-94 or show them the status approval letter.
its really easy to go to canada by crossing the border here, the INS officer often just ask u two question: where u live, and what did u do in vancouver, then u can go
if u are not lacky, they might check your car and see u got any vagetable or fruits....

but basically, yes, they check your canadian visa, and u only need to bring your RTD. i go there basically every weekend since my GF is there, but i dont have any problem so far, officers there are generally nice:D
 
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