Will my wife lose her asylee status if she immigrates to another country?

A

amazon

New Member
Hello,

I was wondering is someone can shed some light on something for me as I'm hearing different things from different people.

I'm a Canadian citizen and my wife is an asylee in the US from another country. Her passport to the country she left from has expired and she applied for and was issued US travel documents (looks like a passport) so she can travel outside of the US.

Her immigration to Canada is approved and we've submitted her travel documents (in place of her passport which has expired) to the immigration office to have the VISA stamp put on.

My questions are:
1) when she crosses over to Canada with her travel document, does she lose her status in the US?
2) Can she re-enter the US with the same travel document after immigrating to Canada?
3) Can she renew her travel document when it expires even though she may be living in Canada?

I would appreciate any information I can get. thank you.
 
amazon said:
Hello,

I was wondering is someone can shed some light on something for me as I'm hearing different things from different people.

I'm a Canadian citizen and my wife is an asylee in the US from another country. Her passport to the country she left from has expired and she applied for and was issued US travel documents (looks like a passport) so she can travel outside of the US.

Her immigration to Canada is approved and we've submitted her travel documents (in place of her passport which has expired) to the immigration office to have the VISA stamp put on.

My questions are:
1) when she crosses over to Canada with her travel document, does she lose her status in the US?
2) Can she re-enter the US with the same travel document after immigrating to Canada?
3) Can she renew her travel document when it expires even though she may be living in Canada?

I would appreciate any information I can get. thank you.
Click to expand...

Losing an asylee status is not as simple as that. She may lose her asylee status only if immigration finds out. But that goes through a process. In other words, when she comes back to U.S, they will ask her...If she says I have moved permanently to Canada, they may put in their system that she has obtained protection from a different country.

When its time to get her adjustment, she may be asked if she has settled in a differnt country as the records indicate..A RFE will be generated asking her to give them proof that she is still an Asylee and need protection from the U.S. If she can't, she will be put in removal proceedings to the country she has sought protection from(in this case canada).

If she files for another Travel document, What it says in their record of her permanently settled in Canada may come up and they may deny her application.

All I can say is that its all a process. Legally they cannot deport you when you come back to U.S because you are an asylee and also they have to follow a removal proceedings in this case.

Maybe others can chime on this as well.
 
amazon said:
Hello,

I was wondering is someone can shed some light on something for me as I'm hearing different things from different people.

I'm a Canadian citizen and my wife is an asylee in the US from another country. Her passport to the country she left from has expired and she applied for and was issued US travel documents (looks like a passport) so she can travel outside of the US.

Her immigration to Canada is approved and we've submitted her travel documents (in place of her passport which has expired) to the immigration office to have the VISA stamp put on.

My questions are:
1) when she crosses over to Canada with her travel document, does she lose her status in the US?
2) Can she re-enter the US with the same travel document after immigrating to Canada?
3) Can she renew her travel document when it expires even though she may be living in Canada?

I would appreciate any information I can get. thank you.
Click to expand...

Amazon,
I believe the below link on the Immigration and Nationality Act 208 can help you better understand about your situation. Scroll down and read Section (2) Termination of Asylum. I think both (C) and (E) under that section may apply to her in this case.

If you can, try to postpone her immigration to Canada until she gets her U.S. Permanent Residence. I think that doing so will greatly reduce her chance of having to preserve her asylum status in front of a U.S. immigration judge.

Good luck!

http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act208
 
amazon said:
Hello,

I was wondering is someone can shed some light on something for me as I'm hearing different things from different people.

I'm a Canadian citizen and my wife is an asylee in the US from another country. Her passport to the country she left from has expired and she applied for and was issued US travel documents (looks like a passport) so she can travel outside of the US.

Her immigration to Canada is approved and we've submitted her travel documents (in place of her passport which has expired) to the immigration office to have the VISA stamp put on.

My questions are:
1) when she crosses over to Canada with her travel document, does she lose her status in the US?
2) Can she re-enter the US with the same travel document after immigrating to Canada?
3) Can she renew her travel document when it expires even though she may be living in Canada?

I would appreciate any information I can get. thank you.
Click to expand...

She will definitely lose her asylum status. Asylum is NOT the right to live permanently in this country just a "TEMPORARY" status BUT held indefinitely. Thats why people crave for Green CArd because that IS the right to live permanently in the US. So if Govt. finds out that you have sought protection from a 3rd country, they WILL terminate the asylum status. Better yet, I know that you "automatically" terminate your asylum status, the moment you seek protection from a 3rd country.
 
Lazerthegreat said:
She will definitely lose her asylum status. Asylum is NOT the right to live permanently in this country just a "TEMPORARY" status BUT held indefinitely. Thats why people crave for Green CArd because that IS the right to live permanently in the US. So if Govt. finds out that you have sought protection from a 3rd country, they WILL terminate the asylum status. Better yet, I know that you "automatically" terminate your asylum status, the moment you seek protection from a 3rd country.
Click to expand...
Well said buddy by the way I'm gonna have to agree with you in one hundred percent :cool:
 
Last edited by a moderator:
I would like to thank everyone who replied to my question. It did clear up everything for both my wife and I.

Thanks again.
Amazon
 
hi,
I was just reading your advice and I have one question.. I am basically in the same situation (asylee adjusting status) but will be working in Germany for a couple of years for an American company during which time I will be coming back and forth to the US. I was assured by an immigration officer that I will be fine and will be readmitted with no hassle as long as my Travel Document is always valid and I come back and renew it. Should I not believe him?

Thank you so much for your help.

Ruth
 
rgebru said:
hi,
I was just reading your advice and I have one question.. I am basically in the same situation (asylee adjusting status) but will be working in Germany for a couple of years for an American company during which time I will be coming back and forth to the US. I was assured by an immigration officer that I will be fine and will be readmitted with no hassle as long as my Travel Document is always valid and I come back and renew it. Should I not believe him?

Thank you so much for your help.

Ruth
Click to expand...
You'll ok with rtd , but think about RP , it can make your life much easear !
 
Hi thanks for the response. I'm not sure I know what RP is though. Can you explain?
Thanks.
 
I think he wanted to say PR which stands Permanent Resident instead of RP.He wants to advice you to fix your PR situation wich is much helpfull than going for work in Germany since you can make money here in US where you suppose to be legal.Being PR is much better than being an asylee.
 
I see. Of course I'm adjusting to be a permanent resident. And I am working in the US but will be working for an American company for a couple of years in Germany.. I guess I was dumb enough to accept the assignment without having really thought about the renewal of RTD (which has to be done in the US and since I don't have a national passport can't travel until I get the renewed RTD) uless of course, someone knows of a way to have RTD renewed without having to return the original (I just double checked the I-131 form and it does say that if you have an unexpired RTD you will not be issued a new one). Hope there is someone who has had a similar experience that can clarify things for me.

Thanks.
 
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