USCIS: "OK to travel to COP" - Read this!

R

rdmo

Registered Users (C)
According to Erich Cauller, Director of the Miami Asylum Office "...every person who is a legal permanent resident of the United States can go back and visit their country of origin. This is equally valid even when the status of legal permanent residence has been obtained through a previous political asylum claim..."

The Colombian Consulate Office in Miami asked this in a letter to Mr. Cauller, who stated so on his answer letter, the text of which can be read here: http://x.consuladodecolombia.com/index.php?doc=boletinconsulado (in Spanish)

Even so, Mr. Cauller reminds everyone that every case is unique, and that the final word rests with the immigration officer at the port of entry.

That's as official as I've seen...I thought people on this forum mith be interested in this bit of info!
 
Thanks for the info

What a relief! This the first document I see comming from an immigration officcer talking about the specifical issue.

Very important info. Thanks.

Free at last!
 
rdmo said:
According to Erich Cauller, Director of the Miami Asylum Office "...every person who is a legal permanent resident of the United States can go back and visit their country of origin. This is equally valid even when the status of legal permanent residence has been obtained through a previous political asylum claim..."

The Colombian Consulate Office in Miami asked this in a letter to Mr. Cauller, who stated so on his answer letter, the text of which can be read here: http://x.consuladodecolombia.com/index.php?doc=boletinconsulado (in Spanish)

Even so, Mr. Cauller reminds everyone that every case is unique, and that the final word rests with the immigration officer at the port of entry.

That's as official as I've seen...I thought people on this forum mith be interested in this bit of info!
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Yes, but:
".. the final word rests with the immigration officer at the port of entry .."

Floyd
 
floyd said:
Yes, but:
".. the final word rests with the immigration officer at the port of entry .."

Floyd
Click to expand...


Something does not add up here:

The consul of Colombia contacting the USCIS asking basically "hey my old buddy Erick just wondering about the people whom your office determined to have suffered persecution at the hands of the government I represent. They told me that they want to go back to Colombia for a juncket. But they are afraid that their stories of being persecuted by my bosses back home would be doubted. So I am now asking on their behalf if they can go. Whatever we are on really good terms with the amigos who applied for asylum. They want me to represent their interests before the U.S Government. Just let me know where you stand on this issue. Talk to you later--let us have drink sometime. I might bring a few Colombian asylees too so that we can ruminate about good old time.
 
Hey Miami2002

Your comment is a little bit out of context........

Please consider this:

1) Most Colombian's get asylum based on Comunist Guerrila Persecution rather than Govermental Persecution.

2) Erich Cauller is the manager in command of the asylum office in Miami, and also the person who sign the approval letters for asylum applicants in Miami.

3)The statement from Mr Cauller said that Any Legal resident from USA, (from any Country) can visit his/her COP even if his/her residence was obteined through asylum.
 
As info, Mr. Cauller's office three years ago terminated the status of friend who visited his COP. The case is now being appealed to the BIA.
 
miami2002 said:
As info, Mr. Cauller's office three years ago terminated the status of friend who visited his COP. The case is now being appealed to the BIA.
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Your friend was asylee at that time? or permanent resident?
 
Jeez

Gosh, I think some of us have so much negativity here that its just mind boggling. No wonder lot of people have simply stopped posting on this forum. Miami2002, from your handle, it seems like you are in Miami. If you don't agree with this statement from Mr. Cauller, I suggest you take a walk to his office and unload at him rather than shooting the messenger on this board. Who by the way is simply trying to share the info regarding a subject that everyone has beaten to death on this forum.
RDMO, thanks for sharing this info.
Now, does anyone has an English version of this? Please share if you do.
 
Punjabi_Munda said:
Now, does anyone has an English version of this? Please share if you do.
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Hello,

I don't speak spanish either, so I used an online translator to translate the article (I used babelfish.yahoo.com) and here is what I got (Note: I am not sure how good the translator is, but I think it sounds OK)

The Consulate of Colombia in Miami, informs that in answer to the consultation elevated by this Consular Mission, to the Department of Immigration in the section of asylums of the city of Miami, as a result of the numerous restlessness expressed by the connacionales, on if he is viable which a Colombian citizen whose residence has been granted by virtue of an asylum, can or not travel to Colombia, we were allowed very textually to transcribe the translation of the text sent to this consulate on the part of Mr. Erich Cauller, Director of the Office of Asylum of Miami. "All person who has permanent legal residence of the United States can return and visit her country of origin. This is affirmative even though the status of permanent legal residence has been granted on the basis of previous a political asylum. These people can be subject to procedures of deportation to their return to the United States, if they are found of anyone of the parameters of exclusion of the "Inmigration and Nationality Act subject" for example: Criminal violations or terrorist activities ". In order to conclude, we remembered to him that each case is unique and that the power to allow the entrance or of a resident foreigner of the United States does not fall exclusively, in the immigration agent that receives its documentation in the entrance port that you use when entering this country. Sincerely, CARMENZA JARAMILLO GENERAL CONSUL
 
Tricky situation

I have a friend in Califonia who was granted assylum and got a green card. He went home but on his way back at the port of entry, He was told that now that he is able to go back to his country were he claimed to be persecuted he does not need a greencard anymore and his card was cancelled. This is a true story.
 
Ziri said:
I have a friend in Califonia who was granted assylum and got a green card. He went home but on his way back at the port of entry, He was told that now that he is able to go back to his country were he claimed to be persecuted he does not need a greencard anymore and his card was cancelled. This is a true story.
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Though I agree with the title, it is a tricky situation, I do have a good friend who got his GC from asylum that has come back to his home country for 2 times in a year with no problem, but in both cases he has very strong reasons.

Though, IMO, going back to COP should be fine, as long as you have very strong reasons, you must also be aware that there is always a risk that the IO at the port of entry might give you a hard time, since afterall, we are at the mercy of the IO. For instance, the IO might think and possibly accuse you of lying that by going back to COP, you actually have lied when you first applied for asylum a few years back. When, that happens, even if you think that the IO has no solid ground in his accusations, you are in trouble. Then, you might need to convince them that you're telling the truth and probably need to hire a lawyer to get your GC back. That means time and money. Is it worth it? I don't know, so proceed at your own risk.

The question, to me, is not whether someone who got their GC can go back to their COP/home country, but is a matter of:
1. do you think you have valid/strong reasons to go back to COP that you can prove to the IO, should the questions arise.
2. by going back to COP, you basically CREATE a chance for the IO to make a case for you. There is always a chance that you will be questioned. Say for instance the IO may accuse you of lying when you first applied for asylum (which means that your GC was obtained by fraud, which means that it can be revoked). Whether his reasons are valid or not is another topic, but at this point, either way, you'll face trouble ahead (money and time). Are you ready?

Will all that said, however, my friend returned to the US twice without any problem, so did someone else that I knew.

Hope this makes sense. To me, this questions should be answer by "proceed at your own risk". Every case is different, and more importantly, every IO, though working under the same guidelines, is different, just like every cop is different.
 
Seems like everyone here has a friend, or knows someone, or was told about someone who lost a GC after going to COP.... still, I have yet to see ONE single case of such a thing happening to someone on this forum or anyone I know... I only know of people who went and came back with no problem, or maybe some questioning upon return. Now, Mr. Cauller's letter clearly states that if you are in violation of the Immigration and Nationality Act (ie. criminal behavior), then you will be charged and prosecuted, just like anybody else, just as any US born citizen would be if he were guilty of the same charges. I'm sure when you hear that someone got stripped of their GC, it's not because they went to their COP...there's probably something else they aren't telling you.

After having said this, i do believe that if you are going to you COP, you'd better have a good reason, because I have no doubt this will come up at your citizenship interview, and you'll have some explaining to do...

Every asylum case is different, every country is different, every IO is different... so do not judge others by what and who you are. This was posted merely as information for those considering travel to COP, that decision is personal, and the fact that some people can/want to go back doesn't mean that we all can/want to follow suit.
 
Well I am an asylee from Colombia and in reality I have no reason to go back. I might after I become a U.S citizen. I disagree with people going back after getting their green card. It makes it look like there was really no danger to begin with, and now that they have a green card they go back on vacation. This abuse of the asylum system could lead to toughening laws for everyone who has a legitimate asylum case. I think Mr. Cauller in the Miami office doesn't care whether you lose your green card or not. He's an asylum officer, not an immigration officer. He's the one who signed my asylum approval letter, but that's it. He won't be the one interviewing me for my citizenship, or greeting me at a port of entry. So don't be mislead.
 
sbernal said:
Well I am an asylee from Colombia and in reality I have no reason to go back. I might after I become a U.S citizen. I disagree with people going back after getting their green card. It makes it look like there was really no danger to begin with, and now that they have a green card they go back on vacation. This abuse of the asylum system could lead to toughening laws for everyone who has a legitimate asylum case. I think Mr. Cauller in the Miami office doesn't care whether you lose your green card or not. He's an asylum officer, not an immigration officer. He's the one who signed my asylum approval letter, but that's it. He won't be the one interviewing me for my citizenship, or greeting me at a port of entry. So don't be mislead.
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Agreed. The purported letter is very fishy--basically from the US Government to the government of persecution. It is like an immigration officer writing to a diplomat of Adolf Hitler during the Holocaust.
 
I would not put too much faith into Mr. Caullers comments.

My mother in-law and my brother in-law were both returned to their COP, at the port of entry (Miami). The IO told them they had no business travelling back to their COP just after they got their GC. Both were asylees before obtaining their GCs. You can dismiss it as he or she say, but for me it is a case that happened within my family. I think there is definetely not a consensus within USCIS on this regard, it is pretty much the IO's call. This happened to them on Saturday may 20th. Their COP is Colombia.
 
catarico said:
I would not put too much faith into Mr. Caullers comments.

My mother in-law and my brother in-law were both returned to their COP, at the port of entry (Miami). The IO told them they had no business travelling back to their COP just after they got their GC. Both were asylees before obtaining their GCs. You can dismiss it as he or she say, but for me it is a case that happened within my family. I think there is definetely not a consensus within USCIS on this regard, it is pretty much the IO's call. This happened to them on Saturday may 20th. Their COP is Colombia.
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Sorry to hear that happened to your family members. What happened after the IO questioned them? Did their GC got revoked?
 
catarico said:
I would not put too much faith into Mr. Caullers comments.

My mother in-law and my brother in-law were both returned to their COP, at the port of entry (Miami). The IO told them they had no business travelling back to their COP just after they got their GC. Both were asylees before obtaining their GCs. You can dismiss it as he or she say, but for me it is a case that happened within my family. I think there is definetely not a consensus within USCIS on this regard, it is pretty much the IO's call. This happened to them on Saturday may 20th. Their COP is Colombia.
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I am a little confused about your comments. did they go back to COP and came back already? or they did not go back to COP acutually after the IO told them you had no business travelling back to COP? please clear it. thank you for the further explanation.
 
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