Travel Outside US

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SIbmx

Registered Users (C)
I was granted asylum recently and today I received 'paperwork" from lawyer and it says: "Do not travel outside the United States until you obtain permanent residence!!! The record shows that you appear to have accumulated more than 180 days of "unlawful presence" in US, you probably will not be able to return for three years, even if you have RTD. If this happens, you will also abandon your asylum status."
Can anybody explain me what's going on and what should I do? I am despearte....
 
When you say recently..what date? have you applied for your GC(I-485)? Because if you are granted Asylum, you should be able to travel with the RTD safely ONE YEAR AFTER you won your asylum...Have you applied for a RTD?

Maybe others on this board can chime in..
 
I think before travelling anywhere you need to wait for 1 year. Beacuse to file I-485, it requires you are in the country for 1 year, they may even ask for proof during your adjustment time.

I think your lawyer means that you were illegal before you applied for asylum and now you are legal since you gained asylum. I am sure during your interview they took in consideration your 180 days in unlawful status.

I would suggest just hang in tight till you file your GC next year. Until then you need to stay in this country...
 
Well, but my lawyer said: " do not leave US before you have your "green card". And this is gonna take a few years.
 
Well I dont know why your lawyer said that. IT doesnt make sense..maybe others on the board have had experiences like this. Wait till others respond..
 
Me and my wife got granted in '99... she applied for asylum about 6 months after me.... when she asked our lawyers for advice before getting the rtd the answer was exactly what you got from your lawyer ...anyway she decided to not leave me alone to enjoy the European trips ;) so applied for rtd ...got one and had no problem returning here at least a few times...I really don't know what advice to give you

btw they(lawyers) are talking about the time before applying for asylum
 
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Samoel, That warning is for Advance Parole not RTD.

Advance Parole is for people who have applied for asylum for example and have urgent need to travel..they travel with their national passport and a document(letter) that gives them the parole to enter the United States.

However, the way it works in Immigration is always catch-22. They give you a document to enter U.S succesfully but at the port of entry, the Immigration officer looks at your status and says you are Illegal..He can deport you, no matter if you have an advance parole.

A refugee/asylee or a GC holder is travelling with a travel document and doesn't need advance parole. The travel document itself gives them the privilege to enter United States without obtaining Advance Parole.
 
you're right wgcnow I wasn't sure about the link my self but remember lawyers were talking something similar for my wife's rtd She had no problem and I have yet to hear about somebody being deported at the POE but I agree the secondary check is really scary ... after many many entries I'm still not comfortable(at least) walking and sitting there...
 
An Asylum grant is a powerful status as few of us realize. This is probably the only path to GC EVEN IF YOU WERE ONCE ILLEGAL. Please write things as advice once you are sure. Speculations can ruin someone here.

SIbmx! Yes you can travel outside the US on RTD while your GC application is pending (remember it would remain pending for years when you apply for GC). And also you can travel within your first year of Asylum grant with valid RTD. The only caveat is that do not travel right after "Recommended Approval". Wait for "Final Approval" (which takes about 3-4 months) and then travel. Just to be cautious do not make your trips longer than 3 months. Because you would be asked for proof of continous residency in the US for your first year of Asylum grant when your GC would be ready. Although you do not break continuous residency even if you stay 6 months outside the country but always be "Safe than sorry"

Regarding lawyers, good lawyers are always over-cautious. However you can enter US safely on an RTD (not AP) even if you were illegal once.
 
wantmygcnow said:
I think before travelling anywhere you need to wait for 1 year. Beacuse to file I-485, it requires you are in the country for 1 year, they may even ask for proof during your adjustment time.

I think your lawyer means that you were illegal before you applied for asylum and now you are legal since you gained asylum. I am sure during your interview they took in consideration your 180 days in unlawful status.

I would suggest just hang in tight till you file your GC next year. Until then you need to stay in this country...
Click to expand...


Tha is not true Asylees can travel outside US after they have been granted final approval and obtained RTD. We can not be out of the country for more than 6 monthes a year. There are no other limitations (but of course NOT TO TRAVEL TO YOUR HOME COUNTRY).

i WOULD SUGGEST TO CALL uscis AND TO SPEAK TO immigration officer about it.
 
i travelled within my fisrt year after approval for 5 weeks and it was ok. the officer at the port of entry was a maniac but still it was ok:)
 
I emailed "Gilbert" about this a few months back. He said that there is something in the law saying that the USCIS cannot allow you to come back if you have been illegal for more than 180 days. Gilbert says that "technically" this restriction applies to asylees but the USCIS has made a "policy decision" to exempt asylees from this.

So I believe you can travel without any issues.



Lazerthegreat said:
An Asylum grant is a powerful status as few of us realize. This is probably the only path to GC EVEN IF YOU WERE ONCE ILLEGAL. Please write things as advice once you are sure. Speculations can ruin someone here.

SIbmx! Yes you can travel outside the US on RTD while your GC application is pending (remember it would remain pending for years when you apply for GC). And also you can travel within your first year of Asylum grant with valid RTD. The only caveat is that do not travel right after "Recommended Approval". Wait for "Final Approval" (which takes about 3-4 months) and then travel. Just to be cautious do not make your trips longer than 3 months. Because you would be asked for proof of continous residency in the US for your first year of Asylum grant when your GC would be ready. Although you do not break continuous residency even if you stay 6 months outside the country but always be "Safe than sorry"

Regarding lawyers, good lawyers are always over-cautious. However you can enter US safely on an RTD (not AP) even if you were illegal once.
Click to expand...
 
ianyu said:
i travelled within my fisrt year after approval for 5 weeks and it was ok. the officer at the port of entry was a maniac but still it was ok:)
Click to expand...


i travelled twice, first time for 2 days, second time for a month within first year. There was no problem what so ever.
 
ayyubov! YES you can travel outside the US within 1st year of ASylum grant whether you were legal or illegal. IF you are so sure than why are you suggesting to call CIS. The reason I am so sure is that I have known people who have traveled and talked to lawyers about it.

ianyu! were you legal or illegal before asylum grant?
 
thankful said:
I emailed "Gilbert" about this a few months back. He said that there is something in the law saying that the USCIS cannot allow you to come back if you have been illegal for more than 180 days. Gilbert says that "technically" this restriction applies to asylees but the USCIS has made a "policy decision" to exempt asylees from this.

So I believe you can travel without any issues.
Click to expand...

So I guess I remembered right ....Lazer I don't think I was speculating end of my first post said not knowing what advice to give him just stated my experience
 
Lazerthegreat said:
ayyubov! YES you can travel outside the US within 1st year of ASylum grant whether you were legal or illegal. IF you are so sure than why are you suggesting to call CIS. The reason I am so sure is that I have known people who have traveled and talked to lawyers about it.

ianyu! were you legal or illegal before asylum grant?
Click to expand...

I suggested to call USCIS becuase maybe he has special cuircumstanses (legal, illegal..). I know for sure that we can travel outside with valid RTD.
 
thankful said:
I emailed "Gilbert" about this a few months back. He said that there is something in the law saying that the USCIS cannot allow you to come back if you have been illegal for more than 180 days. Gilbert says that "technically" this restriction applies to asylees but the USCIS has made a "policy decision" to exempt asylees from this.

So I believe you can travel without any issues.
Click to expand...

Can anybody provide me with official document or statement obout this "exemption", coz I am really scared?
 
samoel said:
So I guess I remembered right ....Lazer I don't think I was speculating end of my first post said not knowing what advice to give him just stated my experience
Click to expand...

Yes samoel! Sometimes actual Experience can be better than lawyers advice. My point is that we always underestimate power of ASylum status. We are legally protected by the US government. Under Geneva Convention of 1951, if an Asylee is caught in rough circumstances in another country (not in home country) and he is traveling on RTD, US government has obliagtion to bring him/her back to the US from that country at their own expense. An asylee is PROTECTED. (Will US government will do it or not, I don't know. but they sure are supposed to; and by LAW). The only way an Asylee can get into trouble is to go to home country. Have you ever noticed I/O asking you questions when you return back. First thing they are looking for is to know whether you have traveled back to home country. Guys that is the only ammunition in their arsenal they can use against us. Everything else is bolony.
Don't be intimidated by them. But be polite and confident. They have to let you in.
 
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