Travel Restrictions on Asyless - For How Long?

Danc01

Registered Users (C)
#1
I have got something bugging me about travel restrictions placed on asyless. This is something I had not foreseen when I applied for asylum, but I guess I can understand why INS imposes it. I know for sure that an asylum applicant can\'t travel to his home country, the one from which he has claimed persecution. Does the travel restrictions on going to one\'s home country still apply, say, when the asylee gets his green card?? Also, what would an asylee travel on then, say, if he needs to go outside the USA? Can he still use his home country passport? I have heard many conflicting versions, even from paralegals!! Hope someone can clarify. Finally, what\'s the difference between "advanced parole" and RTD?? Thanks, all.
 

porkman

Registered Users (C)
#2
not until you get your US citizenship

Well, that\'s my understanding. 5-7 years waiting for green card plus another 4 years for citizenship. Then you are safe to go back home.
 

algobo

Registered Users (C)
#3
You are right!!!

I just paid an appointment with an attorney to find out exactly when can I go back to my country. The answer is whe you become US citizen. With GC, probabbly you can come back, but is not guaranteed, is at INS officer discretion.
 

Danc01

Registered Users (C)
#5
I also got the same news from my lawyer

I agree with keagles, and I sure hope he is right. I discussed this with my lawyer, and his paralegal. He informed that an asylee can actually go back to his home country after a "reasonable" time of obtaining GC. This has been bugging me, because if an asylee must become a citizen before he can travel back to the home country, the waiting time could be 10, 12 years or longer!! I was also told that an asylee can actually travel outside the US using his original home country\'s passport during the GC application, but, of course, he can\'t travel back to his home country then. Any comments on this?? Can someone explain similarities, or differences, between Refugee Trave Document and "advanced parole"? Thanks.
 

algobo

Registered Users (C)
#6
Those are good news

keagles can you tell us a little more about the person that you know travelling back to his home country? How many times? Any questions from the officer? How can we know exactly if there is no problem? Because it seems to me that different attorneys have different criteria to asses this posibilty.
 

jjusa

Registered Users (C)
#7
No Title

I honestly think asyleee who care so much about going back home have no real need for asylum at all. Many of those people simply take advantage of the American people and abuse their compassion.

Perhaps it is the reason that asylee adjustment is so backlogged now. We have many fake asylees in line. It is my hope that the new immigration agency will take another look at those files and revoke asylum when appropriate.
 

Danc01

Registered Users (C)
#8
I think you\'re wrong, asylee

I sincerely believe you\'re wrong, asylee. You just cannot make a blanket statement stating that any, and all asylees, who wish to go back to the home country does not have a genuine case for asylum. There are so many grounds for asylum, and you need to know why the asylee wants to return to the home country. Is it to visit sick and dying parents, perhaps? Is it to visit loved ones and relatives for a few days? Is it to say goodbye to a loved one? Blood is always thicker than water, and whether the there is a chance of persecution or not, we just don\'t burn all our bridges with our loved ones back home. Most of the time, the asylee has to sacrifice a lot to come and seek asylum here. We may leave a good paying job back home, we leave our friends and relatives, we leave a lot of things familiar to us, culture, food, sights and sounds, etc.

If, on the other hand, the asylee were going back to establish a business, buy a home, and staying there for months and months, then, yeah, you have a point. But that isn\'t always the case.

There is a world of difference between going back to the home country, say, for a few days to visit loved ones, and relatives, than staying there for months and months. Remember, we were granted asylum based on the real fear of persecution, and the risk of being persecuted is so much more if we were there for months and years, than if we there for a few days. And by the time we visited our home country, we would have the added protection of having a GC, and having a ticket (in more ways than one) out of the home country, if the persecution we fear should suddenly come to be.

Please thank about that, asylee and everyone else who harbors such thought. Even INS accepts "compeling reasons" for returning to the home country. And please don\'t blame asylees who have genuine reasons to go back to the home country, say for a few days, for the backlog.
 

jjusa

Registered Users (C)
#9
zero tolerance

An immigration website recently quoted an senior INS official as saying that they have instituted a "zero tolerance" policy.

I hope that a component of this policy is terminating asylum status in appropriate cases.
 

jjusa

Registered Users (C)
#10
check that out

Dear Mr. Lee:

In May 2000, I entered from overseas with a B-1 business visa. In November 2000, I applied for asylum based on religion. In 9/01, my application was approved. In 9/02, I can apply for the green card. My passport was issued in 9/97. It is good till 9/02.

1 Should I send the passport to the original issuing office or my country¡¯s consulate in New York for extension?

2 What will happen if I don¡¯t apply for an extension?

3 After I get the green card, can I reapply for a passport with the Consulate at New York?

4 After I get the green card, can I return to my homeland?

 
Dear reader:

1 Inasmuch as you have attained political asylum by stating that you are no longer under the protection of your home country, your attempt to extend that country\'s passport may be seen as a reflection of your true feelings that you have no fear of your home country or of returning to it.

2 Individuals who gain asylum should not apply for extensions of their country\'s passports.

3 Even after obtaining permanent residence in the U.S., you should not attempt to reapply for your country\'s passport.

4 Even after obtaining permanent residence in the U.S., you should not return to the country from which you claimed persecution. Green card holders are not afforded protections by the U.S. government, and your lack of fear in going back to your homeland could be seen to reflect upon your state of mind prior to obtaining residence status.
 

jjusa

Registered Users (C)
#11
check that out too

Dear Mr. Lee:
In 1991, my mom entered with a B-2 visa for visiting.
In 2/98, her asylum was granted.
In 8/99, I and dad entered.
In 9/99, I and dad obtained the A-5 card.

1. When can we apply for our green cards? Can all 3 apply at the same time?

2. What are the procedures for green card application?

3. When can we obtain our green cards? What should we do when our passports expire in 8/00? What should we do when our A-5 cards expire in 9/00?

 Dear reader:

1 You can apply for permanent residence one year after being granted derivative asylum status. You can only all apply at the same time if your mother is willing to wait until you and your father have one year in the status. Otherwise your mother would put in her application for permanent residence before you.

2 To apply as an asylum adjustment, you and your father must wait the time limit, and then send in I-485 adjustment of status applications with fee and documentation to the Nebraska service center of the INS.

3 It is difficult to state when you will be finally approved for permanent immigration. The INS is notably erratic in the timing of adjudications for asylum adjustment cases. When your passports expire, you are not supposed to renew them inasmuch as you are making applications for adjustment based upon your unwillingness to return to your home country. Renewal of your passports would bring into question your actual intentions. If you need to travel, you and your father can apply for refugee travel documents on form I-131 to the INS service center in Lincoln, Nebraska. You should not of course travel back to your homeland of persecution. When your A-5 card expires in 2000, you can request an extension of the card, or if you have applied for adjustment of status, you can apply for a C-9 card.
 

algobo

Registered Users (C)
#12
Asylee, Think again

Asylee, I don\'t know where are you coming from and what type of circumpstances brought you here, but it seems to me that this type of statements is not adequate for this type of forum.
In my case, I filed a real persecution case, but it doesn\'t mean that I forgot my roots, my family, my people, my culture, I left there my heart, I love my country. I cannot live with the idea that when my loved ones die, I can\'t go to the funeral, It\'s hard to think that I\'ll leave and raise my kids in a different culture than the one that I come from.
I\'ll be the first one to go back to live in my country when the time comes.Of course being grateful for my whole life with this great nation which received me in the hard times.
I tell you again, I don\'t know what kind of person are you, but without cheating on an asylum case, you can still feel the need to go back, It\'s human.
 

algobo

Registered Users (C)
#14
No Title

Asylee, remember that we\'re in AMERICA, we have rights!!! we can express ideas, feelings, doubts, fears, etc.
I agree with you, fake cases must be removed, but based on real facts, not just fingerpointing like you are doing. That\'s exactly what we are running away from.
Next time, think twice before stating that type of things in this forum, and respect the people here.

THIS IS AMERICA!!! WE HAVE RIGHTS!!!
 
#15
Coming back

My friend said he just updated his passport and traveled with his asylee with green card.(To asylee: So you don\'t think I have right to visit my old parents who i haven\'t seen for 5 years. I have to wait for total 10 years to visit them?)
 

jose carrera

Registered Users (C)
#16
No Title

Asylee - An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.
 

JohnR

Registered Users (C)
#17
Asylum is to provide shelter for persecuted persons

If someone is persecuted and fearing for their life, that is what the asylum application is all about.

It is really simple: if someone can safely return to their home country, he/she is not being persecuted and is not in danger.

If an asylum applicant can safely renew his/her passport with the Embassy of his/her home country, he/she is not being persecuted and is not in danger.

If that same someone is not in danger and is not being persecuted, he/she is not in need of asylum.

The people who are not being persecuted at home and are not in danger at home are simply faking the evidence and are taking up (a limited amount of visas) that are supposed to be held for those who are truely persecuted and in danger should he/she be returned to his/her home county.

Any asylum applicant or asylum-based green card holder that expresses the ability to travel home without fear is providing evidence of abusing the system. While "wishing" one could return home lawfully is a desire every one possesses, a true asylee does not try to go home because he/she is fearful of being "persecuted," i.e. physically abused, beaten, killed, etc.

If an asylum applicant knows he/she can safety return home, than he/she should go home and try to obtain an immigrant visa through normal channel.

Many companies have DOL certificates for employment based visas today. All employment based immigration visas are current today. (see: June 2002 Visa Bulletin) In fact, if I were an asylum applicant, valid or not, I would still be looking for an employment-based immigrant visa, simply because I would acquire my green card quicker.
 

JohnR

Registered Users (C)
#18
there is a difference between "right to visit" and "wisdom concerning visit"

Mr. Keagles:
You are free to leave to visit your parents to visit at any time you choose.

However, if you are an asylum applicant, and are free to visit your home country without fear of persecution and without fear of danger, you make your asylum application to be meaningless and invalid AT FACE VALUE. Returning to your home country AT ANY TIME prior to your country\'s change in government or prior to your country\'s change in dealing with your "persecuted group" demonstrates that you are being persecuted and are not in danger.

Any asylum applicant who can safely return to his home country or who can safely renew his/her passport is not in danger and is not being persecuted.

The person who can safely return to the home country and receives an approval on an asylum application will be taking one of a limited number of asylum visas that are supposed to be reserved for those who cannot return to their home country for fear of torture, persecution and death.

The question is NOT: Does an asylum applicant have the right to return to home country?

THE QUESTION TO BE ASKED: WHY SHOULD AN ASYLUM APPLICANT ACTUALLY RETURN HOME IF HE/SHE IS TRUELY IN DANGER OF TORTURE, PERSECUTION, DEATH, ETC.???

Is it a good idea to return home to visit if you are truely in danger?
Would your parents wish you to return for a visit if you were truely in danger of torture or death?

If you are not in danger, withdraw your asylum application and go home. You are free to go at any time. The US does not have the same exit controls that many other countries do.
 

Danc01

Registered Users (C)
#19
JohnR,

JohnR, one of the grounds for the granting of asylum is on the grounds of a fear of persecution. If the asylee did show that there are grounds for this, then the risks of being persecuted is so much more if that person were to be in his home country for an extended period of time, vs. being there for a short time. One can be truly be in danger if he or she were to be in the home country for an extended time, with no recourse to go live anywhere, compared to being there for a shorter time, with the recourse of being able to travel out and having the right to live and work somewhere else.

If you look at my original posting, I was asking how long do the travel restrictions on an asylee\'s travels to his or her home country last? Do they still apply when the asylee gets his GC? I wasn\'t asking whether an asylum applicant can travel to the home country when his asylum application is still being processed.

If you take your argument to its logical conclusion, then the asylum applicant can\'t *ever* travel back to his home country even when he gets his citizenship because the danger will persumably always be there. Apparently you don\'t asylees with GCs should preserve their cultural and familial ties with the home country. Blood will always be thicker than water, and our ties with our relatives and parents will always be there, no matter what.

Having said that, and we can argue till the cows come home, what is INS\'s position in all this? The lawyers I\'ve spoken to have said it is alright for asylees with GCs to travel home, but I\'ve been hearing a lot of differing versions in this forum.

Can someone provide a definitive answere, please?
 

algobo

Registered Users (C)
#20
How can someone do that?

First of all, asylum cases are not always because the government of a country, in my case my persecution is not because of the government and it was approved based in a true case.
Now, once you applied to an immigrant visa (GC through asylum) how can you go to a non-immigrant visa (H1 L1 employment-based)?? It seems to me that is not possible.

I agree with your statements JohnR. The one who doesn\'t have fear to go back to his/her country should try a different way to stay here.

But once you get your GC through asylum, eventually, things may have changed in a country,(new government, etc)is not rare. By that time, you are not using one of those limitted numbers.
So under your point of view What that person should do? It\'s been here in the US for more than 5-6 years, Job here, kids raised here, etc etc.
No more fear of persecution because things have changed.
Let us know your comments.

I want to emphasize that I DON\'T agree with any type of cheating in an asylum case, and that any fake case should be removed
 
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