Travel Document

hampton8844 said:
It is one year in the aggregate. So if you went to Europe for one week then you can apply for adjustment one year and one week after being granted asylum.
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hamptom8844 -

You could be right...however if you were to interpret what is written on the CIS.gov site, it seems that they want a continous year. Here is the clip:

Gaining LPR Status as an Asylee

Form I-485, Application to Register Permanent Residence or Adjust Status, is used to adjust the status of asylees to that of a permanent resident. Applicants must have been physically present in the United States in asylee status for at least a total of one year prior to filing the Form I-485.

I suppose aggregate time totaling to one year physical stay would work.
 
LolaLi said:
hamptom8844 -

You could be right...however if you were to interpret what is written on the CIS.gov site, it seems that they want a continous year. Here is the clip:

Gaining LPR Status as an Asylee

Form I-485, Application to Register Permanent Residence or Adjust Status, is used to adjust the status of asylees to that of a permanent resident. Applicants must have been physically present in the United States in asylee status for at least a total of one year prior to filing the Form I-485.

I suppose aggregate time totaling to one year physical stay would work.
Click to expand...


Hey guys, now that we are talking about the " been 1 year of physically present in the United States before applying to LPR".....for my application I counted aggregate time and all the paperwork so far is ok. Well I never got a reply from old INS saying..no! U have been less than 1 year of " continuos" prescence in this country..blah blah blah. So at the end I believe the interpretation of that sentence is up to the person. Law is not perfect and sometimes is left open so it can be two things at the same time. (ambiguous).
 
"Total" not "Continuous"

Guys,
I know this for fact that this has to be one year total and not on year continuous before you can apply for your LPR. Otherwise can you imagine what an asylee would do who has to travel to other countries (business related or emergency)? Guys we got asylum here not an entry to "OZ". ;)
 
Punjabi_Munda said:
Guys,
I know this for fact that this has to be one year total and not on year continuous before you can apply for your LPR. Otherwise can you imagine what an asylee would do who has to travel to other countries (business related or emergency)? Guys we got asylum here not an entry to "OZ". ;)
Click to expand...


You are correct. It is in the aggregate time that counts here. If Congress meant continuous and uninterrupted it would have made that very clear in the law (as it did in other unrelated provisions of the INA).
I applied after one year in the aggregate and was approved last year.
 
Thanks for clearing out my doubt guys. Hey I have one more question, and I remember that a friend from Colombia asked me last time I went to Houston for vacation. He still have his application pending for asylum but he has a F-1 status right now, he is also a dependent under 21, he asked me if he could travel overseas with his F-1 visa? without RTD. I gave him my opinion only, that maybe he could because at the time of been approved for asylum the asylum rule will be backdated to the date when he applied so therefore his I-94 from his trip wherever he plans to go will be erased. He will ahve 2 I-94's but the one that counts is the one from asylum.
At the end, he agreed to go to a lawyer of course, but I wonder if my advice was far from reality or something...any thoughts??
 
Tricky

Arizona Poet,
I think he needs to be careful becasue from what I know. if he has pending asylum and he goes back to his home country, that could mean he is abandoning his asylum application. I don't think travelling to other foreign countries on his F1 documents would be a problem.
Thanks
 
Thanks for your reply Punjanbi_Munda. The reason he asked me that question is because the first lawyer he went to told him that it was ok, because he is a dependent of a main applicant so the main target of persecution is his Dad not him. Well, he was planning to flight to Colombia but the lawyer left him with some doubts. Now he is planing to go to a different lawyer just to have the picture clear.
 
Arizona_Poet said:
Thanks for your reply Punjanbi_Munda. The reason he asked me that question is because the first lawyer he went to told him that it was ok, because he is a dependent of a main applicant so the main target of persecution is his Dad not him. Well, he was planning to flight to Colombia but the lawyer left him with some doubts. Now he is planing to go to a different lawyer just to have the picture clear.
Click to expand...


If you have an asylum application pending, you can leave the United States only with an advance parole authorization from the INS. If you do not have AP, they will withdraw your asylum application. And you cannot go back to the country from which claimed persecution.
 
Two Status

[I]hampton8844 wrote:
Quote

If you have an asylum application pending, you can leave the United States only with an advance parole authorization from the INS. If you do not have AP, they will withdraw your asylum application. And you cannot go back to the country from which claimed persecution.[/I]


Not quite !
I had a pending asylum for 2yrs during ..........................

Conclusion: If you have a pending asylum and a current visa, do not hesite to use it. They will not catch u :rolleyes:
 
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Wait a second..

Augustasylee, not getting caught and playing by the rules are two entirely different things. We suggested what was right thing to do within laws and your stry is based on you getting lucky for now for not getting caught. Don't forget that asylum can be very easily revoked if they find out later that you went to home country while you asylum case was pending. Put yourself in the asylum officer shoes and tell me how would you feel about an asylee story who went back to the country he is claiming persecution from while he is waiting on the decision on his asylum case. Not cool man......
 
Wait a second..

Augustasylee, not getting caught and playing by the rules are two entirely different things. We suggested what was right thing to do within laws and your story is based on you getting lucky for now for not getting caught. Don't forget that asylum status could very easily be revoked if they find out later that you went to home country while you asylum case was pending. Put yourself in the asylum officer shoes and tell me how would you feel about an asylee's story who went back to the country he is claiming persecution from while he is waiting on the decision on his asylum case. Not cool man......
Its like someone getting re-married before the funeral of your spouse.
 
by the way i have modified my post but u heard/read me right. USCIS cannot tell if a visitor's visa holder is pending asylee or not It is not luck it is the fact. If it was luck, then, there a too many lucky people I know
 
Thanks for the replies. I thought the same too, and is not about doing something ilegal and waiting for the INS to catch you. I believe that if u still have the pending application for asylum and if you have a current visa that means that u still in your other visas ( F-1, J-1..etc). u can fly anywhere u want without any RTD or even your own home country. Rules apply as soon you are granted asylum, that's my understanding.
 
Guys, I have a question. Do we need visa to travel to Mexico?If yes, did anyone have experience in the embassy? Appreciate your response.
 
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