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It is very strange that no one has noticed this, but I was searching for USCIS's travel fact sheet today and I saw the following page on their website. It looks like they have another fact sheet, posted in 2009, after the one in 2007. I kept looking for the old one (2007) titled "Fact Sheet: Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status", but it seems like they have deleted it from the relevant links section of their website and it is no longer openly available or can be found as a relevant link on any of their web-site's pages. They seem to be changing quite a few things regarding this matter on their website. The new one (2009) unlike the one before (2007), mentions nothing about permanent residents who got their LPR status through asylum/refugee status. In this document, only asylees/refugees are warned about their return to their country of claimed persecution. I have included the USCIS link and pasted the relevant part of the document at the end of this post and have also attached the PDF file to it.
It is very possible that I might be missing something. So if I am, please let me know. Also, I am not saying this is a green light or if I am encouraging anyone. But if you need to make a temporary (because per the fact sheet, you should not seek permanent resident status in that country anymore) visit with your LPR status, I don't see USCIS prohibiting you in this new face sheet.
Even in the instructions for I-131 Application for Travel Document, USCIS gives you a clear warning about returning to your COP with asylum/refugee status and re-availing yourself of the protection of that country (USCIS is very vague about what they mean by that), but in this I-131 instructions document there is no warning to LPRs, who got their LPR status through asylum/refugee, about their return to their COP and re-availing themselves of that country's protection. Unlike some in this forum, I personally do not believe using your passport after you become a LPR is considered re-availing of one's self of the protection of your previous asylum's case's COP. The reason is USCIS tells asylees/refugees to apply for a travel document before they leave US, otherwise their status will be considered abandoned, unless they have already become LPR (you still need to have a document apart from your Green Card to enter the US with and have it stamped), which basically means once you become and a LPR, even if you have obtained it through asylum/refugee, you can go on and use your national passport to travel. Another reason why I think USCIS treats or should treat LPRs through asylum just like other LPRs and differently from asylee/refugees.
Also, even in the old fact sheet, they said that you may be QUESTIONED about your trip and that it may lead to the termination of the asylum status or the LPR's underlying asylum status. But they never said the termination of your LPR status. Once you become a LPR, you hold a LPR status, even if it was based on asylum. Just like someone who got their LPR through marriage or employment. Will they lose their LPR if they get a divorce or if they are fired from their job? Certainly not. That is why we do not see a single person with LPR through asylum/ refugee whose Green Card has been revoked, specially with the reason that they have visited their previous asylum case's COP temporarily on single or multiple short trips.
One more thing, to experts in this forum, USCIS is very vague in this fact sheet and they never use the word WILL (here, I am talking about refugees and asylees and not LPRs anymore after the new fact sheet). When they mention "termination of asylum status could occur if an alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality . . . by RETURNING to such country", even though it does not say temporarily (short visits) or permanently (longer/permanent like visits), the document is followed by this "with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country". Hence many can draw the conclusion that by RETURN, USCIS does not mean short visits and they mean returning as if you will be living there permanently instead of here.
So correct me if I am wrong but according to this document, there is no law prohibiting you and legally you can visit your COP before becoming a US Citizen:
- if you are visiting your COP with your green card/LPR status for a short visit (even better if you have compelling reasons),
- if you are careful and will not be claiming direct protection or any benefit from your COP and there are no changed circumstances in your COP relevant to your case (this is more for asylees/refugees and not LPRs),
- if your original case is not fraudulent and your fear is still there and has always been genuine and that is why you can not live there permanently anymore (this is particularly true if you have a fear of future persecution if you live there as a permanent citizen but with no immediate danger as temporary visitor - all discussed and declared in your asylum case - again this is more for asylees/refugees and not LPRs),
- and if you will not be re-availing yourself of the protection of your COP by returning there as a PERMANENT resident of that country (not as a temporary visitor on a short trip, hopefully for compelling reasons - again this is more for asylees/refugees and not LPRs).
Again, I am not an attorney and what I say should not be taken as legal advice. This is my personal analysis of this new fact sheet and the current relevant laws and regulations. I think if you are a LPR of the US, and need to visit your previous asylum case's COP with or without compelling reasons (because personally I think the word compelling is stupid, a reason insignificant to one, can be deeply important for someone else) for a short temporary visit (the word short visit is not defined, as long as you are not going to live there permanently) and will not be living in your COP as a permanent resident (US is still your permanent home) or seeking a permanent resident status there or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country (your COP) and will not claim direct protection or any benefits from your COP, and you are a law abiding citizen and have no criminal convictions (particularly in the US), and you know that you are in no immediate danger if you return to your COP for a short visit, and you understand that if you do get persecuted in your COP the US Government is not able to and is not responsible to help and protect you in that situation, THEN there is no law prohibiting you from doing so, your US LPR status should not be endangered and you should not be persecuted by immigration authorities here in the US upon your return from your temporary visit or during your US Citizenship process and if you are, your genuine and rational rebuttal should be enough against it.
Again, this is my personal opinion, and should not be taken as an advice. And also please do not badger it. Each of our immigration and asylum cases is different. So to each his own. If you are making such decision, don't make it lightly and only do it if you think the above circumstances apply to you and your case. The bottom line is, asylees/refugees came to the US because they could not live in their COP permanently anymore and got their asylum cases approved because they feared persecution as a permanent resident in their COP. Now if they decide to go back to visit, does that mean their case was fraudulent and there is no fear? Not necessarily, each asylum case is different and the circumstances are different. So as long as they know of the dangers and risks, and that they know they will not be protected by the US government and they are still fearful, their status, particularly LPR status, here in the US should not be jeopardized or revoked by the US government. That is why we do not see cases of such thing happening, especially no cases of LPR status being revoked because of this, if no fraud was involved.
So experts, please elaborate on what I discussed above and if you think I am missing something regarding the new fact sheet or anything else, please comment.
Here is the link to USCIS's new fact sheet (released in oct 2009):
http://www.uscis.gov/portal/site/us...nnel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
And the link to its PDF file:
http://www.uscis.gov/USCIS/New Stru...es/Oct 2009/AdvParoleFact ShtOct2009Final.pdf
And the relevant part of the document:
"Possible Consequences of Returning to the Country of Claimed Persecution
Section 208.8(b) of Title 8 of the Code of Federal Regulations provides that an asylum applicant who leaves the United States pursuant to Advance Parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application, unless the applicant is able to establish compelling reasons for the return. Therefore, if an asylum applicant returns to his or her country of claimed persecution pursuant to Advance Parole, he or she should be prepared to explain the reason for the return.
A grant of asylum may be terminated for specific reasons as listed in INA § 208(c)(2). Returning to one’s country of claimed persecution may be relevant to a number of termination grounds. For instance, asylum status could be terminated based on a fundamental change in circumstances in the asylee’s country of persecution. Termination of asylum or refugee status could also occur due to fraud in the asylum or refugee application such that the individual was not eligible for asylum or refugee status. Return to the country of feared persecution can, in some circumstances, be considered evidence that the asylee’s alleged fear of persecution is not genuine. In addition, termination of asylum status could occur if an “alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality . . . by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country.”
Accordingly, an asylee or refugee may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum or refugee status."
USCIS = United States Citizenship and Immigration Services
LPR = Lawful Permanent Resident (Green Card holder)
COP = Country of Persecution
It is very possible that I might be missing something. So if I am, please let me know. Also, I am not saying this is a green light or if I am encouraging anyone. But if you need to make a temporary (because per the fact sheet, you should not seek permanent resident status in that country anymore) visit with your LPR status, I don't see USCIS prohibiting you in this new face sheet.
Even in the instructions for I-131 Application for Travel Document, USCIS gives you a clear warning about returning to your COP with asylum/refugee status and re-availing yourself of the protection of that country (USCIS is very vague about what they mean by that), but in this I-131 instructions document there is no warning to LPRs, who got their LPR status through asylum/refugee, about their return to their COP and re-availing themselves of that country's protection. Unlike some in this forum, I personally do not believe using your passport after you become a LPR is considered re-availing of one's self of the protection of your previous asylum's case's COP. The reason is USCIS tells asylees/refugees to apply for a travel document before they leave US, otherwise their status will be considered abandoned, unless they have already become LPR (you still need to have a document apart from your Green Card to enter the US with and have it stamped), which basically means once you become and a LPR, even if you have obtained it through asylum/refugee, you can go on and use your national passport to travel. Another reason why I think USCIS treats or should treat LPRs through asylum just like other LPRs and differently from asylee/refugees.
Also, even in the old fact sheet, they said that you may be QUESTIONED about your trip and that it may lead to the termination of the asylum status or the LPR's underlying asylum status. But they never said the termination of your LPR status. Once you become a LPR, you hold a LPR status, even if it was based on asylum. Just like someone who got their LPR through marriage or employment. Will they lose their LPR if they get a divorce or if they are fired from their job? Certainly not. That is why we do not see a single person with LPR through asylum/ refugee whose Green Card has been revoked, specially with the reason that they have visited their previous asylum case's COP temporarily on single or multiple short trips.
One more thing, to experts in this forum, USCIS is very vague in this fact sheet and they never use the word WILL (here, I am talking about refugees and asylees and not LPRs anymore after the new fact sheet). When they mention "termination of asylum status could occur if an alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality . . . by RETURNING to such country", even though it does not say temporarily (short visits) or permanently (longer/permanent like visits), the document is followed by this "with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country". Hence many can draw the conclusion that by RETURN, USCIS does not mean short visits and they mean returning as if you will be living there permanently instead of here.
So correct me if I am wrong but according to this document, there is no law prohibiting you and legally you can visit your COP before becoming a US Citizen:
- if you are visiting your COP with your green card/LPR status for a short visit (even better if you have compelling reasons),
- if you are careful and will not be claiming direct protection or any benefit from your COP and there are no changed circumstances in your COP relevant to your case (this is more for asylees/refugees and not LPRs),
- if your original case is not fraudulent and your fear is still there and has always been genuine and that is why you can not live there permanently anymore (this is particularly true if you have a fear of future persecution if you live there as a permanent citizen but with no immediate danger as temporary visitor - all discussed and declared in your asylum case - again this is more for asylees/refugees and not LPRs),
- and if you will not be re-availing yourself of the protection of your COP by returning there as a PERMANENT resident of that country (not as a temporary visitor on a short trip, hopefully for compelling reasons - again this is more for asylees/refugees and not LPRs).
Again, I am not an attorney and what I say should not be taken as legal advice. This is my personal analysis of this new fact sheet and the current relevant laws and regulations. I think if you are a LPR of the US, and need to visit your previous asylum case's COP with or without compelling reasons (because personally I think the word compelling is stupid, a reason insignificant to one, can be deeply important for someone else) for a short temporary visit (the word short visit is not defined, as long as you are not going to live there permanently) and will not be living in your COP as a permanent resident (US is still your permanent home) or seeking a permanent resident status there or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country (your COP) and will not claim direct protection or any benefits from your COP, and you are a law abiding citizen and have no criminal convictions (particularly in the US), and you know that you are in no immediate danger if you return to your COP for a short visit, and you understand that if you do get persecuted in your COP the US Government is not able to and is not responsible to help and protect you in that situation, THEN there is no law prohibiting you from doing so, your US LPR status should not be endangered and you should not be persecuted by immigration authorities here in the US upon your return from your temporary visit or during your US Citizenship process and if you are, your genuine and rational rebuttal should be enough against it.
Again, this is my personal opinion, and should not be taken as an advice. And also please do not badger it. Each of our immigration and asylum cases is different. So to each his own. If you are making such decision, don't make it lightly and only do it if you think the above circumstances apply to you and your case. The bottom line is, asylees/refugees came to the US because they could not live in their COP permanently anymore and got their asylum cases approved because they feared persecution as a permanent resident in their COP. Now if they decide to go back to visit, does that mean their case was fraudulent and there is no fear? Not necessarily, each asylum case is different and the circumstances are different. So as long as they know of the dangers and risks, and that they know they will not be protected by the US government and they are still fearful, their status, particularly LPR status, here in the US should not be jeopardized or revoked by the US government. That is why we do not see cases of such thing happening, especially no cases of LPR status being revoked because of this, if no fraud was involved.
So experts, please elaborate on what I discussed above and if you think I am missing something regarding the new fact sheet or anything else, please comment.
Here is the link to USCIS's new fact sheet (released in oct 2009):
http://www.uscis.gov/portal/site/us...nnel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
And the link to its PDF file:
http://www.uscis.gov/USCIS/New Stru...es/Oct 2009/AdvParoleFact ShtOct2009Final.pdf
And the relevant part of the document:
"Possible Consequences of Returning to the Country of Claimed Persecution
Section 208.8(b) of Title 8 of the Code of Federal Regulations provides that an asylum applicant who leaves the United States pursuant to Advance Parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application, unless the applicant is able to establish compelling reasons for the return. Therefore, if an asylum applicant returns to his or her country of claimed persecution pursuant to Advance Parole, he or she should be prepared to explain the reason for the return.
A grant of asylum may be terminated for specific reasons as listed in INA § 208(c)(2). Returning to one’s country of claimed persecution may be relevant to a number of termination grounds. For instance, asylum status could be terminated based on a fundamental change in circumstances in the asylee’s country of persecution. Termination of asylum or refugee status could also occur due to fraud in the asylum or refugee application such that the individual was not eligible for asylum or refugee status. Return to the country of feared persecution can, in some circumstances, be considered evidence that the asylee’s alleged fear of persecution is not genuine. In addition, termination of asylum status could occur if an “alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality . . . by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country.”
Accordingly, an asylee or refugee may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum or refugee status."
USCIS = United States Citizenship and Immigration Services
LPR = Lawful Permanent Resident (Green Card holder)
COP = Country of Persecution
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