What happens after you return from "Country of Persecution" with GC:

Punjabi_Munda said:
Thanks Lazer, we try.
Did you ask the customer srvc people to initiate an inquiry on your case to NSC since it has been way more than 60 days since they received a response from you? I know its not much but what the heck.
I pray for your quick GC Lazer, you deserve it.

well customer service people will not do anything... they will keep on repeating like parrot that they are processing 1999 applications. Best idea seems to be 'just wait'... :mad:
 
good to know

Lazerthegreat said:
Well based on several actual real life experiences of various people and advice of some smart attorney's this is what we know and I thought might of interest to all forum members::

When you visit your country of persecution (some people write it "home country" how dumb??? ) after obtaining GC thru Asylum and come back, I/O will do either of these two:

1) If he is new/unknowledgeable/dumb: He will welcome you back with big grin.

2) If he is knowledgeable/seasoned: He will make notes in your file and still let you go.

Please NOTE: You will NOT have any trouble at this time. One way or another, I/O will let you go.

HOWEVER: At citizenship time, they will review your file again. If they see some "notes" on your file from a knowledgeable officer, eye-brows will be raised. You will/could/shall/might be in trouble that day depending upon 4 things:

1. Naturalization officer's mood
2. HIs knowledge about the matter
3. What caused your trip (a sweet vacation vs. sick parent)
4. Again Naturalization officer's mood after you give your explanation

CIS reserves the right to deny citizenship at that time. However they WILL give you a chance for rebuttal. At that time, you would need an attorney to fight your case once again.


hope this makes sense;


I also heard that CIS may re-adjudicate the original Asylum application and revoke the GC, correct?
 
accu info said:
I also heard that CIS may re-adjudicate the original Asylum application and revoke the GC, correct?

accu info!! Yes CIS has right to go back and check into any immigration petition that has been approved. However what CIS CANNOT do is to simply take your GC and tell you to get lost (or deported). Even if they suspect fraud, the will follow a proper channel and you will be allowed to be represented by an attorney. As an immigrant you have certain rights in this country of fairness. It would be against YOU vs. CIS and the judge will decide whether fraud was involved or not.

It is important to mention here that people obtain immigration benefits thru many channels e.g. marriage, employment, Asylum; and some of them occasionally would have involved fraud (people marry for GC, right?). CIS thouroughly checks you before giving you GC and thats the best they usually do. They simply do not have resources to back each and after every person who has divorced after 2 months of obtaining GC or the guy who leaves employment or who goes back to home country. Otherwise Govt. have to form another agency names "Immigration SPY" agency or something like that.

Now one important note:

If you read above carefully, I Have mentioned that "they throughly check you BEFORE giving you immigration benefit". So example sake; you have obtained your GC thru asylum and have traveled to country of persecution several times. CIS would NOT usually say anything when you return because you have already sought the benefit "the GC". HOwever, when you apply for citizenship, you about to be granted another immigration benefit. NOw they can go back and "BEFORE giving you this immigration benefit", open a cane of worms. I hope this makes sense.
 
Lazerthegreat said:
accu info!! Yes CIS has right to go back and check into any immigration petition that has been approved. However what CIS CANNOT do is to simply take your GC and tell you to get lost (or deported). Even if they suspect fraud, the will follow a proper channel and you will be allowed to be represented by an attorney. As an immigrant you have certain rights in this country of fairness. It would be against YOU vs. CIS and the judge will decide whether fraud was involved or not.

It is important to mention here that people obtain immigration benefits thru many channels e.g. marriage, employment, Asylum; and some of them occasionally would have involved fraud (people marry for GC, right?). CIS thouroughly checks you before giving you GC and thats the best they usually do. They simply do not have resources to back each and after every person who has divorced after 2 months of obtaining GC or the guy who leaves employment or who goes back to home country. Otherwise Govt. have to form another agency names "Immigration SPY" agency or something like that.

Now one important note:

If you read above carefully, I Have mentioned that "they throughly check you BEFORE giving you immigration benefit". So example sake; you have obtained your GC thru asylum and have traveled to country of persecution several times. CIS would NOT usually say anything when you return because you have already sought the benefit "the GC". HOwever, when you apply for citizenship, you about to be granted another immigration benefit. NOw they can go back and "BEFORE giving you this immigration benefit", open a cane of worms. I hope this makes sense.

Thanks, Lazer

I absolutely agree with you on "Immgiration SPY" issue. I still have questions why CIS might bar the naturalization for asylee GCs. Are there any basis of INA or 8 CFR to deny the N-400 because of brief trip(s)to home country, not re-availed him/her of the protection of that country, other than those reasons such as physical & continous residence, English test, Felony, etc....

Now that even an asylee with pending 485 is eligible to reenter after a brief trip to home country, why and how CIS give hard time on naturlization?
 
accu info said:
Thanks, Lazer

I absolutely agree with you on "Immgiration SPY" issue. I still have questions why CIS might bar the naturalization for asylee GCs. Are there any basis of INA or 8 CFR to deny the N-400 because of brief trip(s)to home country, not re-availed him/her of the protection of that country, other than those reasons such as physical & continous residence, English test, Felony, etc....

Now that even an asylee with pending 485 is eligible to reenter after a brief trip to home country, why and how CIS give hard time on naturlization?

There is absolutely no such provision in INA which will cause to deny N-400 because of trip to country of persecution. You can have my word on it. (hey I am in no way encouraging you to go back...ok). The whole asylum procedure is "humanitarian" based to begin with. So trip back home due to sick parent vs. nice vacation trip, can totally have different consequences.


Best Solution: Never Go Back.
 
I totally aggree with Lazerthegreat. But here is what happend to my friend. She got GC through Asylee last year(ND 99 Application) and she recently got her Canadian GC approved( Through Career). She recently plan to go back to her orginal country to see her old parents, she said she hasn't seen them for 10 years!!! These are her points:

1:) She plan to use RTD to travel to Canada and then go back to her country use NP and back to Cannada with NP and Canadian GC and back to US with RTD and US GC.

2:) She said her lawyer told her airlines won't take any records when she leaves Canada even US.

3:) Since she is a Canadian GC holder, Canadian immgration won't send her coming back to Canada record to US.

Is it safe for her to do this kind of thing? If it is, I will warn her.
 
Lazer and everyone,
what about if you got your greencard by asylum but you are expecting to file for citzenship by marriage of a citzen? do you think they will review all this trips as seriously as someone who is applying for citzenship after 5 year stay?
 
qsheba said:
Lazer and everyone,
what about if you got your greencard by asylum but you are expecting to file for citzenship by marriage of a citzen? do you think they will review all this trips as seriously as someone who is applying for citzenship after 5 year stay?


You still received your green card via asylum, right? That fact does not go away; it is part of your permanent immigration file.
 
asylee green card go back home country

I went to local Immigration office last week. I show them my As6 green card, and ask them can I short time visit my home country for ten days?(my reason is go back my country pick up my son. my son who is four yeas old, he was born unite state) They said: yes, you can reentry US customs with your green card. Also you can use your national passport if you had, or whatever you can get it. they just warning me, make sure if you go back you country is safe or no body arrest you. :)
 
blackbird8888 said:
I went to local Immigration office last week. I show them my As6 green card, and ask them can I short time visit my home country for ten days?(my reason is go back my country pick up my son. my son who is four yeas old, he was born unite state) They said: yes, you can reentry US customs with your green card. Also you can use your national passport if you had, or whatever you can get it. they just warning me, make sure if you go back you country is safe or no body arrest you. :)
wow. they really said that? hmm...what do others think?
 
how go to home country?

I think uscis local office officer and custom officer have different opinion about AS green card holder go back them home country. I have no idea AS G C reentry us custom, but I got some friends whom return to us have no problem. I have some good idea share everbody.
If you are a chinese, you have no problem with your passport, just bring you old possport to chinese consulate, they give you renew any time. you need wait one month because they have to sent to New york.
I just tell you what I want to do:
First, I go apply a Korea Visa or Mexico visa
from us to you home country.
Home to korea or mexico
from mexico Tijuana drive to San Diego. (just show you green card)
I go to korea because i don't want to show chinese custom my green card. I hear some people show chinese custom them as green card and got arrest. also I can from china to mexico. but I want mexico sonsulate, they said if you have a green card you don't need any visa. they just give you a stamp on you possport, I did't proof that stamp can go out from china to mexico.that why I going to korea first and than from korea show my green card fly to mexico.
if you do this way, maybe you spend more money but I positive you 100% safe.
 
blackbird8888 said:
I think uscis local office officer and custom officer have different opinion about AS green card holder go back them home country. I have no idea AS G C reentry us custom, but I got some friends whom return to us have no problem. I have some good idea share everbody.
If you are a chinese, you have no problem with your passport, just bring you old possport to chinese consulate, they give you renew any time. you need wait one month because they have to sent to New york.
I just tell you what I want to do:
First, I go apply a Korea Visa or Mexico visa
from us to you home country.
Home to korea or mexico
from mexico Tijuana drive to San Diego. (just show you green card)
I go to korea because i don't want to show chinese custom my green card. I hear some people show chinese custom them as green card and got arrest. also I can from china to mexico. but I want mexico sonsulate, they said if you have a green card you don't need any visa. they just give you a stamp on you possport, I did't proof that stamp can go out from china to mexico.that why I going to korea first and than from korea show my green card fly to mexico.
if you do this way, maybe you spend more money but I positive you 100% safe.

And my guess from your posts is that you are Chinese.. right? :D
 
I had extremely bad experience when coming back from Mexico where I was for a business trip. The officer in Dallas was so mean. He asked me when did I get in the U.S., what was the reason of my persecution and so on. I feeled like I was passing an interview with immigration officer again. When he found out that I had a stop in London on my way to New York City, he asked why didn't I apply for asylum in England. And I literally didn't know what to answer.I said that I simply hadn't thought about that, I had my American visa and was going to apply for asylum in the U.S. It was just a transfer flight through Hithrow Airport. He said : " Well, if I would have a fiar of presecution at home and fiar of being killed I wouldn't wait until getting to the U.S. What if the plane would have been turned back to your homeland?" He made me so nervious. It was terrible! I thought he was to revoke my status. After 10 minutes of hell he gave me a file with my I-94 form which I filled out in plane and my RTD and said to go to another room. The officer there was much nicer; he stamped my I-94 with a sign that said that I was admitted and employment authorised, and wished me a good day. First of all I missed my flight because of them, secondly I was in a terrible mental condition. And I have a few questions. Do those bastards have internal instructions to be so mean to people? Could the officer make any marks on my file so that I'll have some problems with getting my Green Card? And why their proceedures are different in different places? Last summer I came back from Europe and I didn't have to file I-94 form. The officer just took it from me and threw it away and stamped my RTD with a simple stamp saying "Admitted". It took me 3 minutes to pass passport control that time. He just asked me to show my National Passport and let me in. That is so frastrative and guys I'm telling you I'll be thinking a lot next time I decide to travel somewhere.
 
Minsk said:
I had extremely bad experience when coming back from Mexico where I was for a business trip. The officer in Dallas was so mean. He asked me when did I get in the U.S., what was the reason of my persecution and so on. I feeled like I was passing an interview with immigration officer again. When he found out that I had a stop in London on my way to New York City, he asked why didn't I apply for asylum in England. And I literally didn't know what to answer.I said that I simply hadn't thought about that, I had my American visa and was going to apply for asylum in the U.S. It was just a transfer flight through Hithrow Airport. He said : " Well, if I would have a fiar of presecution at home and fiar of being killed I wouldn't wait until getting to the U.S. What if the plane would have been turned back to your homeland?" He made me so nervious. It was terrible! I thought he was to revoke my status. After 10 minutes of hell he gave me a file with my I-94 form which I filled out in plane and my RTD and said to go to another room. The officer there was much nicer; he stamped my I-94 with a sign that said that I was admitted and employment authorised, and wished me a good day. First of all I missed my flight because of them, secondly I was in a terrible mental condition. And I have a few questions. Do those bastards have internal instructions to be so mean to people? Could the officer make any marks on my file so that I'll have some problems with getting my Green Card? And why their proceedures are different in different places? Last summer I came back from Europe and I didn't have to file I-94 form. The officer just took it from me and threw it away and stamped my RTD with a simple stamp saying "Admitted". It took me 3 minutes to pass passport control that time. He just asked me to show my National Passport and let me in. That is so frastrative and guys I'm telling you I'll be thinking a lot next time I decide to travel somewhere.

Minsk! Let me assure you one thing very very clearly. The officer at the POE HAVE TO LET YOU IN no matter what Bull Shit that Son of a Bitch gives you at port of entry. The only exception to this rule is when

1. When you just came back smiling from your home country
2. You have comitted crimes in the US for which you are wanted
3. You are suspected in some terrorism probe

and let me tell you this also. He will not bitch with you at that point. He will just put hand cuffs around your hands.... have you ever heard;

"Barking Dogs never Bite".
They know that usually Asylees are easy targets to bitch with and thats why they do it. If you do not fall under one of these above categories, you can look them into the eye and fire back at them.

I have done that once entering back through mexico; believe me they will say "Thank you sir! have a nice day".
 
Minsk said:
I had extremely bad experience when coming back from Mexico where I was for a business trip. The officer in Dallas was so mean. He asked me when did I get in the U.S., what was the reason of my persecution and so on. I feeled like I was passing an interview with immigration officer again. When he found out that I had a stop in London on my way to New York City, he asked why didn't I apply for asylum in England. And I literally didn't know what to answer.I said that I simply hadn't thought about that, I had my American visa and was going to apply for asylum in the U.S. It was just a transfer flight through Hithrow Airport. He said : " Well, if I would have a fiar of presecution at home and fiar of being killed I wouldn't wait until getting to the U.S. What if the plane would have been turned back to your homeland?" He made me so nervious. It was terrible! I thought he was to revoke my status. After 10 minutes of hell he gave me a file with my I-94 form which I filled out in plane and my RTD and said to go to another room. The officer there was much nicer; he stamped my I-94 with a sign that said that I was admitted and employment authorised, and wished me a good day. First of all I missed my flight because of them, secondly I was in a terrible mental condition. And I have a few questions. Do those bastards have internal instructions to be so mean to people? Could the officer make any marks on my file so that I'll have some problems with getting my Green Card? And why their proceedures are different in different places? Last summer I came back from Europe and I didn't have to file I-94 form. The officer just took it from me and threw it away and stamped my RTD with a simple stamp saying "Admitted". It took me 3 minutes to pass passport control that time. He just asked me to show my National Passport and let me in. That is so frastrative and guys I'm telling you I'll be thinking a lot next time I decide to travel somewhere.
Because of my situation, I have been out of the stats for four times in the past year, and every time I had a new experience about officers. every time I came Thru JFK and Immigration office is not very organize,
The first time took me 2 hours sitting in the office do nothing, second tim e half an hour and third and last time 15 min. They have always asked me regular question, and the funny part is all of them have asked me when you will get you GC. My point is, we are making this stuff a problem for ourselves and really is not that important. Always tell the truth even if it is stupid to you.
Good luck
 
My experience at JFK,

Just came back from Holland, spend 5 minutes at checkpoint and back room combined. No questions ever asked. I mean, no single damn question! I think JFK was known to be notoriously tough, now it seems to be so sweet! I don't know whether they just had a good mood or not...

Lazer,

One unadmissible condition you omitted:
Public health charge, so if someone has AIDS, then no, no, no.... :)
 
windywd said:
My experience at JFK,

Just came back from Holland, spend 5 minutes at checkpoint and back room combined. No questions ever asked. I mean, no single damn question! I think JFK was known to be notoriously tough, now it seems to be so sweet! I don't know whether they just had a good mood or not...

Lazer,

One unadmissible condition you omitted:
Public health charge, so if someone has AIDS, then no, no, no.... :)

Thanks! usually the most trouble you should expect to have is from southern border and by road.
 
Did you say that your GC was approved in 08/05?

Did you have GC when entering at JFK?

Did you still go to back room?

-qlyus

windywd said:
My experience at JFK,

Just came back from Holland, spend 5 minutes at checkpoint and back room combined. No questions ever asked. I mean, no single damn question! I think JFK was known to be notoriously tough, now it seems to be so sweet! I don't know whether they just had a good mood or not...

Lazer,

One unadmissible condition you omitted:
Public health charge, so if someone has AIDS, then no, no, no.... :)
 
this is not acceptable. i would have noted the officer's id# and filed a formal complaint.

Minsk said:
I had extremely bad experience when coming back from Mexico where I was for a business trip. The officer in Dallas was so mean. He asked me when did I get in the U.S., what was the reason of my persecution and so on. I feeled like I was passing an interview with immigration officer again. When he found out that I had a stop in London on my way to New York City, he asked why didn't I apply for asylum in England. And I literally didn't know what to answer.I said that I simply hadn't thought about that, I had my American visa and was going to apply for asylum in the U.S. It was just a transfer flight through Hithrow Airport. He said : " Well, if I would have a fiar of presecution at home and fiar of being killed I wouldn't wait until getting to the U.S. What if the plane would have been turned back to your homeland?" He made me so nervious. It was terrible! I thought he was to revoke my status. After 10 minutes of hell he gave me a file with my I-94 form which I filled out in plane and my RTD and said to go to another room. The officer there was much nicer; he stamped my I-94 with a sign that said that I was admitted and employment authorised, and wished me a good day. First of all I missed my flight because of them, secondly I was in a terrible mental condition. And I have a few questions. Do those bastards have internal instructions to be so mean to people? Could the officer make any marks on my file so that I'll have some problems with getting my Green Card? And why their proceedures are different in different places? Last summer I came back from Europe and I didn't have to file I-94 form. The officer just took it from me and threw it away and stamped my RTD with a simple stamp saying "Admitted". It took me 3 minutes to pass passport control that time. He just asked me to show my National Passport and let me in. That is so frastrative and guys I'm telling you I'll be thinking a lot next time I decide to travel somewhere.
 
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