Travel Outside US

SIbmx said:
Can anybody provide me with official document or statement obout this "exemption", coz I am really scared?
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Well I guess you will need to call Gilbert for that. Sorry.
 
SIbmx said:
Can anybody provide me with official document or statement obout this "exemption", coz I am really scared?
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Try to email "GILBERT" ...anybody knows his email????
 
ur attorney is right

i have the same problem. my attorney told me the same thing. i wanted to make sure so i contacted an Immigration officer and he told me the same thing. he said alot of people don't know about the law and sometimes get a refugee travel document and even come back if the immegration people are not awear of the law but this' ill hurt them when they apply for their PR OR THE citizenship. the law started 1997. anyone who stayed illegally more than 180 days can't travel unless he changes his status to perminent resident even if he bacame legal.
listen 2 ur lawyer .he knows the law
 
shetenka said:
i have the same problem. my attorney told me the same thing. i wanted to make sure so i contacted an Immigration officer and he told me the same thing. he said alot of people don't know about the law and sometimes get a refugee travel document and even come back if the immegration people are not awear of the law but this' ill hurt them when they apply for their PR OR THE citizenship. the law started 1997. anyone who stayed illegally more than 180 days can't travel unless he changes his status to perminent resident even if he bacame legal.
listen 2 ur lawyer .he knows the law
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What can I say, WOW. It will definitely affect a lot of people.
 
NEED AN ADVICE: WHERE AND FORM # I HAVE TO FILE TO GET DOCUMENT FOR TRAVELING OUTSIDE US AFTER GC HAS BEEN APPROVED. i HAVE STAMPED I-485 WITH PICTURE ON IT AND DO NOT HAVE NATIOANAL PASSPORT. WHERE I CAN FIND OUT PROCESSIND DATES FOR THIS KIND OF DOCUMENT?

THANKS IN ADVANCE,
 
Nana_S said:
NEED AN ADVICE: WHERE AND FORM # I HAVE TO FILE TO GET DOCUMENT FOR TRAVELING OUTSIDE US AFTER GC HAS BEEN APPROVED. i HAVE STAMPED I-485 WITH PICTURE ON IT AND DO NOT HAVE NATIOANAL PASSPORT. WHERE I CAN FIND OUT PROCESSIND DATES FOR THIS KIND OF DOCUMENT?

THANKS IN ADVANCE,
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You use form I-131 and file with NSC, as before.

You can ask for a Refugee Travel Document or a Permit to Reenter. It is up to you.
 
Nana_S said:
NEED AN ADVICE: WHERE AND FORM # I HAVE TO FILE TO GET DOCUMENT FOR TRAVELING OUTSIDE US AFTER GC HAS BEEN APPROVED. i HAVE STAMPED I-485 WITH PICTURE ON IT AND DO NOT HAVE NATIOANAL PASSPORT. WHERE I CAN FIND OUT PROCESSIND DATES FOR THIS KIND OF DOCUMENT?

THANKS IN ADVANCE,
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Follow this link for the travel document
http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf
You can file online too anyway read the first page on the link for important info related service centers where to file ....as far as processing time depends where you file can be checked at uscis.goc
 
Question..

Hey,

I feel like a fool having to ask this, but I must..
Does one need both a Green Card and an Advance parole to travel out side of the U.S?

I am currently waiting for my Name check to be completed (ever since our interview back in Oct.2005) There's some confusion there as the INS claims my name check is not completed while the FBI said it is...

Anywho, In the mean time I had a family thing I have to go to back home, and applied for an advance parole (Receipt date Mar 21, 2004) but am pretty sure it will not be granted as my status before I got married was Illegal..

Is there anyone here with a similar background, who applied for the Advance parole and was granted one..? IF so, were you able to exit & enter the U.S safely? and did you need to show a Green Card as well..?

Again, Sorry for all the dumb questions.. I feel lost & confused, and have no clue what the rules & regulation really are!

Help me..? :confused:

RKM
 
wantmygcnow said:
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.
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I also heard that they can deny entrance even with advanced parol... But have anyone heard about such cases? I also know that people with pending applications for asylum are eligable for advance parol. Is that accurate? Can anyone tell?
 
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shetenka said:
i have the same problem. my attorney told me the same thing. i wanted to make sure so i contacted an Immigration officer and he told me the same thing. he said alot of people don't know about the law and sometimes get a refugee travel document and even come back if the immegration people are not awear of the law but this' ill hurt them when they apply for their PR OR THE citizenship. the law started 1997. anyone who stayed illegally more than 180 days can't travel unless he changes his status to perminent resident even if he bacame legal.
listen 2 ur lawyer .he knows the law
Click to expand...


I can hardly believe that. As far as I know a lot of applicants for asylum are overstayers with expired visas. Unless they don't stay for more than one year they are fine and can apply for asylum. If it were true, many people wouldn't come back to the U.S. Just think about it... a person has real danger to his life in the country of origin, he posseses real property within the U.S., has his family here and etc...and they won't let him in just because he stayed illigally for a while... Plus before the cap elimination people had to wait according to INS official web site information from 5 up to 15 years to get their GC... and they could not travel??? That is obviously violation of human rights...No... I don't believe that...
 
Minsk said:
I can hardly believe that. As far as I know a lot of applicants for asylum are overstayers with expired visas. Unless they don't stay for more than one year they are fine and can apply for asylum. If it were true, many people wouldn't come back to the U.S. Just think about it... a person has real danger to his life in the country of origin, he posseses real property within the U.S., has his family here and etc...and they won't let him in just because he stayed illigally for a while... Plus before the cap elimination people had to wait according to INS official web site information from 5 up to 15 years to get their GC... and they could not travel??? That is obviously violation of human rights...No... I don't believe that...
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Well you better believe it. According to Gilbert they're just not enforcing it for asylees..We can scream human rights all we want but they have laws and it's people like me that broke the law (not to my fault of course) to come and stay here...
 
What does it means "illegally for 180 days. Does it mean that person entered to USA illegally or his visa expired while applying for asylum? Can somebody explain please?
 
Your lawyer is right

SIbmx said:
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....
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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
 
I got an answer from Gilbert. Hope this helps.
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A person cannot return to the United States for 3 years if she has been in unlawful status for over 6 months. She will be barred from returning for 10 years if she has been in unlawful status for over one year. Congress added this restriction to section 212(a) of the INA as part of the 1996 immigration overhaul.

Turning to the question of whether this applies to persons granted asylum but have not adjusted status. The law itself is silent on this point. However an 1999 memo written by the INS 's chief lawyer instructs officers to ignore this provision when an asylee applies for readmission. AILA is not aware of a single instance of this rule being enforced against a refugee or an asylee.

Moreover, the law allows (in case of refugees and asylees) a waiver of most provisions of section 212(a) under a very very generous "family unity or humanitarian reason" standard. So even if the DHS were to apply to provision asylees would be eligible for an easy DHS waiver. I actually think the refusal of the DHS to enforce this for the past 9 years is a de facto blanket waiver for asylees.

So basically asylees who have been able to travel without facing adverse impact of this rule. There is no reason to expect the CIS to change the policy. This has not been and should not be an issue for asylees. That said, the law is on the books and I do respect/understand persons who choose not to travel. As you know the USCIS can undergo an aboutface quickly especially in this post 9/11 political climate.

Feel free to email me again and I hope the forum is doing well.
 
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I guess the bottom line is there should be no problem but there are no 100% assurances given the language of the law.
 
jw1951 said:
I got an answer from Gilbert. Hope this helps.
********************************************************
A person cannot return to the United States for 3 years if she has been in unlawful status for over 6 months. She will be barred from returning for 10 years if she has been in unlawful status for over one year. Congress added this restriction to section 212(a) of the INA as part of the 1996 immigration overhaul.

Turning to the question of whether this applies to persons granted asylum but have not adjusted status. The law itself is silent on this point. However an 1999 memo written by the INS 's chief lawyer instructs officers to ignore this provision when an asylee applies for readmission. AILA is not aware of a single instance of this rule being enforced against a refugee or an asylee.

Moreover, the law allows (in case of refugees and asylees) a waiver of most provisions of section 212(a) under a very very generous "family unity or humanitarian reason" standard. So even if the DHS were to apply to provision asylees would be eligible for an easy DHS waiver. I actually think the refusal of the DHS to enforce this for the past 9 years is a de facto blanket waiver for asylees.

So basically asylees who have been able to travel without facing adverse impact of this rule. There is no reason to expect the CIS to change the policy. This has not been and should not be an issue for asylees. That said, the law is on the books and I do respect/understand persons who choose not to travel. As you know the USCIS can undergo an aboutface quickly especially in this post 9/11 political climate.

Feel free to email me again and I hope the forum is doing well.
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thank you for the info.
 
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