wantmygcnow
Volunteer Moderator
Well if that was the case..then asylees cannot adjust to PR because 1996 law made it that anyone who was illegal cannot be adjusted to legal status.
Travel Outside US
- Thread starter SIbmx
- Start date
i know my link did'n work in my last post.i hav print of that article.let me copy here for you.
Q. The 1996 immigration reform act says if you were in the US illegally ,at any time ,you could face a 3 or 10 year reentry bar.But what if one entered illegally and then was granted asylum.? Does the law still apply..? And now i plan to travel overseas for vacation using my RTD .Do you think i will have problems on my arrival..?
A. Per the IIRAIR act of 1996 , an asylum applicant's identity will be checked against all appropriate records or databases maintained by the justice dept. and state dept. to determine if there are any grounds that would make the allien inadmissible.deprtable or ineligible for asylum,pham said.
if the asylum application had been approved and if you applied /recieved the RTD pusuant to INA (208)(c),then the 3 and 10 year inadmissible bars would not prevent readmission to the united states after travelling abroad, pham said.
however, you must make sure that the RTD is valid to cover the length of the trip.In addition , pham said, you shoul not travel to the country that was the basis of the asylum claim.
FYI, i was illegal before asylum grant, and have traveled several times out of country wit the RTD..( just my personal experience.)
Q. The 1996 immigration reform act says if you were in the US illegally ,at any time ,you could face a 3 or 10 year reentry bar.But what if one entered illegally and then was granted asylum.? Does the law still apply..? And now i plan to travel overseas for vacation using my RTD .Do you think i will have problems on my arrival..?
A. Per the IIRAIR act of 1996 , an asylum applicant's identity will be checked against all appropriate records or databases maintained by the justice dept. and state dept. to determine if there are any grounds that would make the allien inadmissible.deprtable or ineligible for asylum,pham said.
if the asylum application had been approved and if you applied /recieved the RTD pusuant to INA (208)(c),then the 3 and 10 year inadmissible bars would not prevent readmission to the united states after travelling abroad, pham said.
however, you must make sure that the RTD is valid to cover the length of the trip.In addition , pham said, you shoul not travel to the country that was the basis of the asylum claim.
FYI, i was illegal before asylum grant, and have traveled several times out of country wit the RTD..( just my personal experience.)
taslim ahmed
Registered Users (C)
Advance Parole
Hello everyone,
I have advance parole which will expire in August,2005, planning to go outside USA. I did special registration on the very first year and then every year requirement was cancelled. I have two concerns, can anyone please help me with their feedback:
1. What do I need to do at the port of exit other than submitting the I-94, Do I have to go through certain specific port of Exit?
2. I will be going to Bangladesh, I heard there is an airlines route(probably Emirates) which goes directly from NY to Dubai to Bangladesh without touching any European countries, in that case do I still need to apply for transit visa.
Any feedback would be highly appreciated. Thanking in advance.
Hello everyone,
I have advance parole which will expire in August,2005, planning to go outside USA. I did special registration on the very first year and then every year requirement was cancelled. I have two concerns, can anyone please help me with their feedback:
1. What do I need to do at the port of exit other than submitting the I-94, Do I have to go through certain specific port of Exit?
2. I will be going to Bangladesh, I heard there is an airlines route(probably Emirates) which goes directly from NY to Dubai to Bangladesh without touching any European countries, in that case do I still need to apply for transit visa.
Any feedback would be highly appreciated. Thanking in advance.
To Lazerthegreat
LAZERTHEGREATYou sounds very knowledgeble in subject you're talking about, so i would like to ask know you opinion on this respond, left by aanl (just because I've overstayed my visa for 2 years(!) and I'm about to travel outside US for the first time after I've filed my I-485... :
PLEASE RESPOND!!!!!!!!!!!!!
#11 13th May 2005, 10:45 PM
aanl
Registered User Join Date: May 2005
Posts: 7
Your lawyer is right
--------------------------------------------------------------------------------
Quote:
Originally Posted by SIbmx
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....
Your lawyer is right. You can not leave U.S before getting "LPR" since you had been "unlawful residing in U.S." more than 180 days before being granted aslyum.
It is law that
1) If unlawfully resideded in U.S. more than 180 days, not allowed for reentry for 3 years;
2) If unlawfully resideded in U.S. more than 360 days, not allowed for reentry for 10 years.
This law will be enforced even if you are granted asylum and obtain RTD and/even applied I-485.
Take this seriously and don't think to challeng CIS on this.
aanl
Lazerthegreat said:
LAZERTHEGREATYou sounds very knowledgeble in subject you're talking about, so i would like to ask know you opinion on this respond, left by aanl (just because I've overstayed my visa for 2 years(!) and I'm about to travel outside US for the first time after I've filed my I-485... :
PLEASE RESPOND!!!!!!!!!!!!!
#11 13th May 2005, 10:45 PM
aanl
Registered User Join Date: May 2005
Posts: 7
Your lawyer is right
--------------------------------------------------------------------------------
Quote:
Originally Posted by SIbmx
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....
Your lawyer is right. You can not leave U.S before getting "LPR" since you had been "unlawful residing in U.S." more than 180 days before being granted aslyum.
It is law that
1) If unlawfully resideded in U.S. more than 180 days, not allowed for reentry for 3 years;
2) If unlawfully resideded in U.S. more than 360 days, not allowed for reentry for 10 years.
This law will be enforced even if you are granted asylum and obtain RTD and/even applied I-485.
Take this seriously and don't think to challeng CIS on this.
aanl
to ALL
I'm derivative asylee, I overstayed my visa for about 2 years, this month I've filed my I-485 and I'm about to travel outside US with RTD... AND I GUESS GOD BLESS ME... I'm not gonna wait 3-5-7-10-... for the GC and afraid travel without it. I'll tell my experience....
" Immigrants have come from difficult circumstances
believing that life is still worth living"
SIbmx said:
I'm derivative asylee, I overstayed my visa for about 2 years, this month I've filed my I-485 and I'm about to travel outside US with RTD... AND I GUESS GOD BLESS ME... I'm not gonna wait 3-5-7-10-... for the GC and afraid travel without it. I'll tell my experience....
" Immigrants have come from difficult circumstances
believing that life is still worth living"
Lazerthegreat
Registered Users (C)
opinion! As I have mentioned earlier in one of my posts that Asylum status is a very strong status as few of us realize. Basically we are protected by US government and granting asylum means that now we have become their responsibility.
I have discussed this matter with Gilbert. Also I know people who have traveled outside the US who were more than 180 days illegals. CIS has been very lenient with Asylees in allowing them to travel (well wait time for RTD's does not have to do anything with lieniency. The wait is just because of overload at CIS. If you see the "retrictions" section of RTD on front laminated page, it says "none". That is what I mean by linient). The only time CIS gets mad at you is when somebody travels to his/her home country. And I think their anger in this scenario is justified.
CIS allows adjustments to Asylees who were once illegal. Please note that I haven't been able to find anywhere written (neither has Gilbert; but email him and ask him) that if an asylee travels outside the US on RTD, he will be allowed back. They have always allowed back illegals on RTD and generally have been very linient with Asylees.
As I was not able to find law regarding this, my believe is intensied by Gilbert's comments and people's lawyers that it is not conceretly written that an Asylee WILL be allowed back who was once illegal. But my friends, its also not written anywhere that an Asylee will get adjustment. As a matter of fact what is written is that I/O will consider the asylum case again when application is ready for adjustment and make a decision whether asylee still has fear of persecution or not. So you tell me, does this every happen? obviously the answer is NO.
So the conclusion is that 99% of the time Asylees are allowed back into the country and are allowed to adjust to GC. However if you keep on asking your lawyer about it, he will keep on telling that you would probably get into trouble because of your over-stay.
But plz note that people have returned back safely on RTD who were once illegals.
Good Luck,
I have discussed this matter with Gilbert. Also I know people who have traveled outside the US who were more than 180 days illegals. CIS has been very lenient with Asylees in allowing them to travel (well wait time for RTD's does not have to do anything with lieniency. The wait is just because of overload at CIS. If you see the "retrictions" section of RTD on front laminated page, it says "none". That is what I mean by linient). The only time CIS gets mad at you is when somebody travels to his/her home country. And I think their anger in this scenario is justified.
CIS allows adjustments to Asylees who were once illegal. Please note that I haven't been able to find anywhere written (neither has Gilbert; but email him and ask him) that if an asylee travels outside the US on RTD, he will be allowed back. They have always allowed back illegals on RTD and generally have been very linient with Asylees.
As I was not able to find law regarding this, my believe is intensied by Gilbert's comments and people's lawyers that it is not conceretly written that an Asylee WILL be allowed back who was once illegal. But my friends, its also not written anywhere that an Asylee will get adjustment. As a matter of fact what is written is that I/O will consider the asylum case again when application is ready for adjustment and make a decision whether asylee still has fear of persecution or not. So you tell me, does this every happen? obviously the answer is NO.
So the conclusion is that 99% of the time Asylees are allowed back into the country and are allowed to adjust to GC. However if you keep on asking your lawyer about it, he will keep on telling that you would probably get into trouble because of your over-stay.
But plz note that people have returned back safely on RTD who were once illegals.
Good Luck,
wantmygcnow
Volunteer Moderator
Lazerthegreat, Can you point me where is it written that I/O will decide upon adjustment time if to grant a gc?
sukhipatiala
Registered Users (C)
hi
friend of mine got same letter that he can not travel outside untill he got his gc but his lawyers is searching the issue iwill write you more on this
friend of mine got same letter that he can not travel outside untill he got his gc but his lawyers is searching the issue iwill write you more on this
John Smith 1
Registered Users (C)
yes,you can travel before filing for status adjustment
i was granted asylum feb 2000
i got my travel document june 2000
i went vacation to England july 2000
i filed for adjustment status feb 2001
your lawyer information is wrong,
i was illegal for 3 years before i file for asylum,
after i was granted asylum in 2000 to this date i left the country 11 times
as long as you have travel document you can go anywhere except to your home country,
travel document itself is a permission that allow you to leave the country and come back again
i was granted asylum feb 2000
i got my travel document june 2000
i went vacation to England july 2000
i filed for adjustment status feb 2001
your lawyer information is wrong,
i was illegal for 3 years before i file for asylum,
after i was granted asylum in 2000 to this date i left the country 11 times
as long as you have travel document you can go anywhere except to your home country,
travel document itself is a permission that allow you to leave the country and come back again