SINNERSROOM
Registered Users (C)
This is a first official letter from USCIS about Traveling Outside the USA As Asylee applicant ,Asylee,Lawful Permanent Residency obtained through Asylum status.
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Traveling Outside the US As Asylee applicant ,Asylee,LPR through Asylum
- Thread starter SINNERSROOM
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Punjabi_Munda
Registered Users (C)
Old news
This is old news man....
This is old news man....
Colombian PR
Registered Users (C)
This is somthing new, check it out
3 Derivative asylees allowed to travel to the principal's country of persecution
A large question which has faced many immigration attorneys over a number of years has been what advice to give to families of asylees who hold dependent asylee status and wish to return temporarily to the homeland of their principal's persecution. U.S.C.I.S. in the past has been mum on the subject. The main argument for allowing the families to travel is that they themselves are not necessarily the persecuted, but the family members, and their ability to travel back and forth unimpeded by the home government should not deprive them of their status which is dependent upon family connection with the principal asylee. The fear of derivative asylees wishing to travel back to their homelands has been that U.S. Customs and Border Enforcement (CBP) would intercept them at the airports or other ports of entry and place them in removal proceedings for not having a valid fear of persecution. U.S.C.I.S. released a fact sheet in January 2007 which spoke of the risks of travel for asylees, but did not address the issue of derivatives. We (along with undoubtedly others) raised this question for the American Immigration Lawyers Association (AILA) to bring to the attention of U.S.C.I.S., and U.S.C.I.S. fortunately answered the question at the Asylum Headquarters/ Non-Governmental Organization liaison meeting on March 6, 2007, in Washington D.C..
The answer provided was that the fact sheet was just a clarification of the rules and made no policy changes -- that derivative asylees are permitted to travel to the principal's country of persecution. As they were not granted asylum on their individual cases, CIS would not seek to terminate their asylum status upon such travel. However, U.S.C.I.S. noted that normal procedures would still have CBP questioning the derivative asylees when they reenter the United States.
U.S.C.I.S. headquarters further spoke on the effect of a short trip by the principal asylee to the homeland of persecution in stating that such would most likely not be considered reavailment (availing oneself again to a country's protections) by noting that reavailment is really about establishing ties and not about visiting family. However, readers should note that further questions may arise with CBP if principal asylees obtain passports or extensions of passports from the homeland of persecution prior to traveling. Also that the term "short trip" was not defined (is it two weeks or 90 days or 6 months?), nor the situation in which a businessman travels to the homeland for several short trips per year on behalf of his or her employer. Principal asylees appear have a partial but not complete answer as to their ability to travel to the homeland of persecution, and should remain cautious in planning such trips.
http://www.alanleelaw.com/english/articles/a2007-03-24.htm
3 Derivative asylees allowed to travel to the principal's country of persecution
A large question which has faced many immigration attorneys over a number of years has been what advice to give to families of asylees who hold dependent asylee status and wish to return temporarily to the homeland of their principal's persecution. U.S.C.I.S. in the past has been mum on the subject. The main argument for allowing the families to travel is that they themselves are not necessarily the persecuted, but the family members, and their ability to travel back and forth unimpeded by the home government should not deprive them of their status which is dependent upon family connection with the principal asylee. The fear of derivative asylees wishing to travel back to their homelands has been that U.S. Customs and Border Enforcement (CBP) would intercept them at the airports or other ports of entry and place them in removal proceedings for not having a valid fear of persecution. U.S.C.I.S. released a fact sheet in January 2007 which spoke of the risks of travel for asylees, but did not address the issue of derivatives. We (along with undoubtedly others) raised this question for the American Immigration Lawyers Association (AILA) to bring to the attention of U.S.C.I.S., and U.S.C.I.S. fortunately answered the question at the Asylum Headquarters/ Non-Governmental Organization liaison meeting on March 6, 2007, in Washington D.C..
The answer provided was that the fact sheet was just a clarification of the rules and made no policy changes -- that derivative asylees are permitted to travel to the principal's country of persecution. As they were not granted asylum on their individual cases, CIS would not seek to terminate their asylum status upon such travel. However, U.S.C.I.S. noted that normal procedures would still have CBP questioning the derivative asylees when they reenter the United States.
U.S.C.I.S. headquarters further spoke on the effect of a short trip by the principal asylee to the homeland of persecution in stating that such would most likely not be considered reavailment (availing oneself again to a country's protections) by noting that reavailment is really about establishing ties and not about visiting family. However, readers should note that further questions may arise with CBP if principal asylees obtain passports or extensions of passports from the homeland of persecution prior to traveling. Also that the term "short trip" was not defined (is it two weeks or 90 days or 6 months?), nor the situation in which a businessman travels to the homeland for several short trips per year on behalf of his or her employer. Principal asylees appear have a partial but not complete answer as to their ability to travel to the homeland of persecution, and should remain cautious in planning such trips.
http://www.alanleelaw.com/english/articles/a2007-03-24.htm
SINNERSROOM
Registered Users (C)
i know it is old but not everyone aware of it
SINNERSROOM
Registered Users (C)
AS6 PRINCIPAL ASYLEE
AS7 DERIVATIVE ASYLEE(wife/husband)
AS8 DERIVATIVE ASYLEE(children)
NONE of the PARENTS of asylee can get derivative status
(i think this country needs energetic immigrants who can work & pay TAXES ) it is really unhuman . it looks like whoever wrote this law grew up in orphanary without parents confused:
it is always 1 principal asylee. as far as i know 1 person fills up apllication and includes dependents on initial asylum application.
AS7 DERIVATIVE ASYLEE(wife/husband)
AS8 DERIVATIVE ASYLEE(children)
NONE of the PARENTS of asylee can get derivative status
(i think this country needs energetic immigrants who can work & pay TAXES ) it is really unhuman . it looks like whoever wrote this law grew up in orphanary without parents confused: it is always 1 principal asylee. as far as i know 1 person fills up apllication and includes dependents on initial asylum application.
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AS6 PRINCIPAL ASYLEE
AS7 DERIVATIVE ASYLEE(wife/husband)
AS8 DERIVATIVE ASYLEE(children)
NONE of the PARENTS of asylee can get derivative status
it is always 1 principal asylee. as far as i know 1 person fills up apllication and includes dependents on initial asylum application.
Thank you so much.
Need to go COP, but how?
Hello all,
I have a dilema as an LPR since sept 2006 (tru asylum). My Aunt is dying from cancer and my dad had a stroke. I have a plan to go to COP this fall, but after consult with a lawyer, she said I might be in jail in either country, or deported. more serious, I will jeopardize my marriage whom my husband is a citizen of US. we'll be married in mid of June 2007.
Some said, if I have the right documents/prove and strong reason of why should I be home and why should I re-enter, I should be fine. Some said, it doesn't matter, they don't care, they will terminate your LPR anyway and send you home. My husband freak out!
I don't even know what kind of document I should use to leave US, enter my COP, leave my COP and re-enter US. I'm in no man's land..I'm sure in this forum a lot of people know how I feel and situation I'm dealing with. ANY, ANY suggestion, advice and information will be appreciated from the bottom of our heart. Take care
Hello all,
I have a dilema as an LPR since sept 2006 (tru asylum). My Aunt is dying from cancer and my dad had a stroke. I have a plan to go to COP this fall, but after consult with a lawyer, she said I might be in jail in either country, or deported. more serious, I will jeopardize my marriage whom my husband is a citizen of US. we'll be married in mid of June 2007.
Some said, if I have the right documents/prove and strong reason of why should I be home and why should I re-enter, I should be fine. Some said, it doesn't matter, they don't care, they will terminate your LPR anyway and send you home. My husband freak out!
I don't even know what kind of document I should use to leave US, enter my COP, leave my COP and re-enter US. I'm in no man's land..I'm sure in this forum a lot of people know how I feel and situation I'm dealing with. ANY, ANY suggestion, advice and information will be appreciated from the bottom of our heart. Take care
Don Chinche
Registered Users (C)
Nobody has gone to jail. Nobody has been deported. I am not saying that it is perfectly ok to go back to COP, though. Chances are, that might arise some questions at your citizenship interview.
I am not saying that I am smarter than your lawyer either.
Good luck.
I am not saying that I am smarter than your lawyer either.
Good luck.
sunshineman
Registered Users (C)
ask for a travel document, by the time the document reachs you, it's gonna be time for interview, ....good luck
Do you mean Refugee travel Documents? what papers I need to apply for that?
Do you mean Refugee travel Documents? what papers I need to apply for that?
I could be wrong
Murka.khj,
I am not sure you can qualify for an RTD because if you look carefully at the instruction it says RTD is for people classified as Refugees/Asylees and Permanent Residents who got their status direct from being either refugees or asylees. You havent gone that far and you are not an Asylee yet until after the interview and of course approval.
However you can apply for an advance parole which you can use the same form I-131 and you can find it on the USCIS website.
I could be wrong I am only expressing my own opinion!
Good luck.
Murka.khj,
I am not sure you can qualify for an RTD because if you look carefully at the instruction it says RTD is for people classified as Refugees/Asylees and Permanent Residents who got their status direct from being either refugees or asylees. You havent gone that far and you are not an Asylee yet until after the interview and of course approval.
However you can apply for an advance parole which you can use the same form I-131 and you can find it on the USCIS website.
I could be wrong I am only expressing my own opinion!
Good luck.
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ccordova624
Registered Users (C)
Your chances are very very little... I dont know anybody that have gotten an AP before having its asylum interview.... but in any case... try it... you dont have nothing to lose... just the fee...
Asylum applicants CAN NOT travel outside the US... if they do they will be considered their application abandoned.
Asylum applicants CAN NOT travel outside the US... if they do they will be considered their application abandoned.