Asylum Based i-485

[Katiusha]

Hi y'all.
My case was approved yesterday and I'm expecting my green card shortly. Thus, I have a question. Do you use/have been using your national foreign travel passport? I have mixed info. Some lawyers say you must not use your national passport and only use RTD, others say theres no legal ground for that restriction and you just must not return to the country of your asylum. Please, respond only those guys who traveled outside of US with their national foreign passport and how was the experience like at the boarder on the way back?
Thanks 😘

Buchavka21, CONGRATULATION!!! Great news!
My lawyer also told me that we can't use our native country passport anymore and avoid contacting with our Embassy, but I know few people who traveling using their native country passport, I even know few people who traveled back to their native country and they didn't have any problems at the boarder on the way back, and nobody asked them about it during naturalization process. But in my opinion it's too risky (I'm not using my passport), specially with our president T, you never know what new directions he will give to the USCIS.

[Edyfrances]

Hi y'all.
My case was approved yesterday and I'm expecting my green card shortly. Thus, I have a question. Do you use/have been using your national foreign travel passport? I have mixed info. Some lawyers say you must not use your national passport and only use RTD, others say theres no legal ground for that restriction and you just must not return to the country of your asylum. Please, respond only those guys who traveled outside of US with their national foreign passport and how was the experience like at the boarder on the way back?
Thanks ��

Congratulations!!
I'm derivative asylee and waiting for a decision since September/2016. My husband is the principal asylee and he has traveled many times for different countries without any problems. In addition, he has traveled with his national foreign passport but not for the country he has born. Anyway, did you have an interview?

[Katiusha]

Hi guys,

I'm planning to use my national foreign passport as it is not prohibited by law and all the info the lawyers say is pure crap that has no legal ground. You just must not return to the country of persecution. Using your national travel passport is like the same thing as you use any other document obtained in your native country like a diploma or a birth certificate. You can easily use your degree here and no one will retake your legal status for that although it is a benefit you obtained in your own country that you are still using. I hope that make sense. At lease I found no such info that prohibits LPR to use their national passport to travel outside. All you have to do is to have a valid GC on your way back. I'm personally planning to use mine
Thanks all for congratulations and I hope yours will be approved soon too xo xo

It's a little bit different, than using your diploma. In simply words: When you traveling to some country and using your native country passport, you entered this country like a citizen of your native country and by default you asking your native country to protect you in this trip if something happened. When you traveling to some country using USA travel document, you are under USA jurisdiction (if something happened) they can protect you. The reason why it's not recommended to use your national passport after granted Asylum, is because you somehow proofed to US Government that you native country is dangerous and nobody there can protect you, and now you are going to France (for example) and asking your native country to protect you in this trip. For US Government it looks like cheating. BUT all this stuff will matter only if something serious will happen to you while traveling, if everything will be ok, nobody will care which passport you used.

[Dirzi]

Hi guys,
My timeline is as follows:
1. Asylum granted July 5, 2016
2. Green card application filed August 15, 2017
3. Request for additional info August 14, 2018
4. Request received August 27, 2018
5. Green card approved September 11, 2018
Total time of waiting 13 months. Raised 2 inquiries with my congresswoman. One in May which was useless, another one in August that had a response that the case was assigned to an officer.
I did not have an interview. My case was with TSC and even I changed the address to NSC for a month my case stayed in TSC and I changed it back again.
I'm planning to use my national foreign passport as it is not prohibited by law and all the info the lawyers say is pure crap that has no legal ground. You just must not return to the country of persecution. Using your national travel passport is like the same thing as you use any other document obtained in your native country like a diploma or a birth certificate. You can easily use your degree here and no one will retake your legal status for that although it is a benefit you obtained in your own country that you are still using. I hope that make sense. At lease I found no such info that prohibits LPR to use their national passport to travel outside. All you have to do is to have a valid GC on your way back. I'm personally planning to use mine
Thanks all for congratulations and I hope yours will be approved soon too xo xo

Congratulations!!! However, just like the other friend in this forum who alleged that asylum based green card applicants are not supposed to be interviewed, your contention that getting your national passport has no effect on your immigration matters as an asylee is false! Lawyers usually don't say anything without a reason. Think about it, if anything, they want to be taken seriously. Why lie?

According to the USCIS Adjudicator's Field Manual, "Normally, once an alien becomes a refugee or asylee, he or she retains that status until he or she becomes a permanent resident. However, under certain circumstances, a refugee or asylee may lose status or voluntarily re-avail him/herself of the protection of his/her country of nationality. In such case, the alien may well lose eligibility for an RTD. (See: Adjudications Issues: Loss of status and Alien re-availed him/herself of protection of country of nationality.)

If the applicant is in possession of a valid travel document from the country of nationality, the Form I-131 may also be deniable. There is no absolute prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may preclude the alien from establishing eligibility for permanent residence under section 209 of the Act.

In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient."

Thus, obtaining and travelling with your national passport may cause dire consequences on your applications with the USCIS including but not limited to the Form I-131. Congrats again! Can't wait to get mine approved!

[kDon]

Today my card arrived in the mail. So happy.
I guess it's really just a matter of 12-14 months now for TSC. Good luck guys - just be patient and eventually you'll get it.

Congrats again and thank you for sharing your experience. My case pending for 11 months and it was in NSC and then transferred to NYC field office 2 months ago and haven't receive any update.

Infopass appointment told me my case is referred to an interview but congressional inquiry says my case is suspended until additional review completed. Don't know what to believe..

[MWDW]

Again I strongly think that you make it more complicated than it is. Anyways, I'm planning to use my national travel passport freely without seeking any "protection" from my country. Im just not traveling to my home country and thats it. Plus, the countries I'm about to travel to are all civilised.
Hope your GC will be approved soon

Hello Buchavka21,
Congratulations on your Green Card Approval.
I do want to point out that when you are traveling using your country passport, that mean, if anything happened (knock on wood), like you got hit by a car or other accident, and you are unconscious, the police at that country will see your passport and they will automatically contact the embassy of the country that issue the passport. Which mean, you are still looking for help or protection from your own country.

Logically, if you are an asylum seeker, you would not want anything to do with your country of origin anymore including using the passport.

I understand that the risk is not as large as traveling back to your home country, but a risk is still a risk.
Why don't you avoid the risk completely by using RTD only?
After all this effort that you made to get asylum and now green card, why risk everything?


I copy and paste a paragraph from a webpage that I think articulate my point better
Asylees must only travel with a United States issued Refugee Travel Document. If an asylee travels with the passport issued by the country from which she has been granted asylum, she can be seen as availing herself of the protections of her government which could lead to a finding by the U.S. government that she no longer needs asylum protection.

[Clancy]

Your and mine are similar:
TSC
1) A-granted April 28, 2016
2) GC filed: June 6, 2017
3) Finger print September 2017
4) Move to Cali and address change
5) no update after that

Congrats man!!

Hi guys,
My timeline is as follows:
1. Asylum granted July 5, 2016
2. Green card application filed August 15, 2017
3. Request for additional info August 14, 2018
4. Request received August 27, 2018
5. Green card approved September 11, 2018
Total time of waiting 13 months. Raised 2 inquiries with my congresswoman. One in May which was useless, another one in August that had a response that the case was assigned to an officer.
I did not have an interview. My case was with TSC and even I changed the address to NSC for a month my case stayed in TSC and I changed it back again.
I'm planning to use my national foreign passport as it is not prohibited by law and all the info the lawyers say is pure crap that has no legal ground. You just must not return to the country of persecution. Using your national travel passport is like the same thing as you use any other document obtained in your native country like a diploma or a birth certificate. You can easily use your degree here and no one will retake your legal status for that although it is a benefit you obtained in your own country that you are still using. I hope that make sense. At lease I found no such info that prohibits LPR to use their national passport to travel outside. All you have to do is to have a valid GC on your way back. I'm personally planning to use mine
Thanks all for congratulations and I hope yours will be approved soon too xo xo

[treehouse]

Update

Hey guys I am the original thread starter and wanted to update you guys. The Update is there is no update. I inquired through a lawmaker few months and they did not give me any answer. It has now been 20+ months. Several months after filing my I-485, I went to honeymoon, my wife became pregnant, she went through all her pregnancy and our babygirl was born. She is already 6 months old and her smile carries all the happiness in the world. A lot has changed in my life but when I think about I-485, nothing has changed!

[Dirzi]

Hi,
I still dont agree. Why should I take my passport with me when I can easily have my American DL with me or my green card? I dont need to passport to be around me 24/7. DL is an international document.
Then, getting a RTD each year is just a endless pain in the ***. First, you wait for it for 4 months. Second, it cost 220$/year. And third (what is most annoying) is that no embassy will take it if its valid less than 6 months. Some countries like Dubai do not recognize it at all.
Plus, again I did not see any information on "availing oneself to protection of your home country by using a national travel document" in any official sources. Legit Information must have legit sources it relies on. And some speculations of some lawyers is not a legit source. I think they are just being overly dramatic.
Thanks

Dear Buchavka21,

I cited "legit information" from a "legit source" called the USCIS!!!! However, you still deny what the law is. It is ok if you risk carrying your own national passport and travelling with it, and you may not face any problems. However, what you allege is incorrect. It is important not to mislead others. There are LEGAL risks for using your national passport an asylee.

Again, for those who want to know the source I mention it here ONCE MORE that according to the USCIS Adjudicator's Field Manual, "Normally, once an alien becomes a refugee or asylee, he or she retains that status until he or she becomes a permanent resident. However, under certain circumstances, a refugee or asylee may lose status or voluntarily re-avail him/herself of the protection of his/her country of nationality. In such case, the alien may well lose eligibility for an RTD. (See: Adjudications Issues: Loss of status and Alien re-availed him/herself of protection of country of nationality.)"

Still not believe me? See it for yourself, click on the link below:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20165/0-0-0-20211.html

Again, you may not have any problems yourself by ignoring the risks of using your national passport, but there are legal risks, and people reading these posts should be reminded of them.

[mekus21]

i485 Delay at TSC

Hey guys I am the original thread starter and wanted to update you guys. The Update is there is no update. I inquired through a lawmaker few months and they did not give me any answer. It has now been 20+ months. Several months after filing my I-485, I went to honeymoon, my wife became pregnant, she went through all her pregnancy and our babygirl was born. She is already 6 months old and her smile carries all the happiness in the world. A lot has changed in my life but when I think about I-485, nothing has changed!

It must really suck to have your i485 pending for this long. 20 months is definitely quite long. Have you tried contacting your congressman? Many people often see a movement on their case after a congressman inquiry, even if it is not immediate but later but something does happen.

If you don't mind, was your asylum approval based on political or sexual persecution?

- - - Updated - - -

Dear Buchavka21,

I cited "legit information" from a "legit source" called the USCIS!!!! However, you still deny what the law is. It is ok if you risk carrying your own national passport and travelling with it, and you may not face any problems. However, what you allege is incorrect. It is important not to mislead others. There are LEGAL risks for using your national passport an asylee.

Again, for those who want to know the source I mention it here ONCE MORE that according to the USCIS Adjudicator's Field Manual, "Normally, once an alien becomes a refugee or asylee, he or she retains that status until he or she becomes a permanent resident. However, under certain circumstances, a refugee or asylee may lose status or voluntarily re-avail him/herself of the protection of his/her country of nationality. In such case, the alien may well lose eligibility for an RTD. (See: Adjudications Issues: Loss of status and Alien re-availed him/herself of protection of country of nationality.)"

Still not believe me? See it for yourself, click on the link below:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20165/0-0-0-20211.html

Again, you may not have any problems yourself by ignoring the risks of using your national passport, but there are legal risks, and people reading these posts should be reminded of them.

In the case of a former asylee now a permanent resident, is it safe for them to travel with their country's international passport?

[Clancy]

Uppdate on my case

Dude!!!! today I got an update on my case. now it says "Request for Initial Evidence Was Mailed". Wonder what sort of evidence gonna be.

Thanks a lot. I hope you get yours soon.
I think guys with Asylums through IJ have the most difficulties to adjust their status. I guess the fact that they were denied Asylum by a regular officer makes the case look suspicious again for the adjudicator for i-485. But that's my humble opinion. 20+ months is a lot if time to have waited. Plus, I have a theory that cases based on IJ decision are simply put aside in the dust until you find a way to force them to take it out of the archives.
Hope you hear some updates soon!

[Katiusha]

Dude!!!! today I got an update on my case. now it says "Request for Initial Evidence Was Mailed". Wonder what sort of evidence gonna be.

Congrats!!!!
I believe that Your medical exam is expired already and they requesting a new one.

[4yr_experience_not_lawyer]

Card Sent for production #Approved

Hello guys,

Application submitted : 02/16/2018 on Texas Service Center
Biometrics notice: 03/02/2018 that They don't need any bio metrics and they will use my old biometrics that I used with my old case

After about 5.5 months of waiting

On 8/15/2018 I received an email says that they are still reviewing my case and they last took action on my case in July 18/ 2018 but when I checked my online tool I did not find any action took from March 02 2018.

Today on 8/22/2018, I received a text message from USCIS saying that they are still reviewing my case and they will notify me when my status has changed.

I feel that they are handling my case now but I did not get any updates on my status since 03/02/2018 except for the email they sent me on 8/15/2018 and the text message that I received today.

Anybody has experience with that, By uscis sending me this email and text message, Is that mean that they are working on my case or that just general messages??

The timeline above was for 5 of my family members we send the 5 application together.

Before yesterday 9/25/2018, I received text message that my case status has updated. I went to check and I found 1 of the 5 application his card sent for production (not main applicant (derivative)
yesterday 9/26/2018, I received two text message around 10am that there are another two applications were updated and then I checked and I found now in total 3 of the 5 applications says Card for production (me, and another 2 family members are not the main applicants). Today, nothing came yet about the 2 left pending applications, Now I am have an anxiety to know when the other 2 applicant will be approved (The main applicant, and my little brother) so our happy be completed. YESSSSSS AT TSC after 7 months, 3 out of 5 got approved. I will keep you guys updated if anything else happened

I am so happy guys and I hope everyone will gets his soon

[4yr_experience_not_lawyer]

RFE (Request for additional evidence)

The timeline above was for 5 of my family members we send the 5 application together.

Before yesterday 9/25/2018, I received text message that my case status has updated. I went to check and I found 1 of the 5 application his card sent for production (not main applicant (derivative)
yesterday 9/26/2018, I received two text message around 10am that there are another two applications were updated and then I checked and I found now in total 3 of the 5 applications says Card for production (me, and another 2 family members are not the main applicants). Today, nothing came yet about the 2 left pending applications, Now I am have an anxiety to know when the other 2 applicant will be approved (The main applicant, and my little brother) so our happy be completed. YESSSSSS AT TSC after 7 months, 3 out of 5 got approved. I will keep you guys updated if anything else happened

I am so happy guys and I hope everyone will gets his soon

I received 2 message regarding the last two pending applications today 9/28/2018 that they mailed request for Additional evidence. I impatiently waiting for this notice to come so I can know what they need from me. It did not pass 1 year for my medical to expire. I am wondering what might they need from us. I send every paper every evidence I have. I am little bit worried now. I just want to let you guys updated of what happened.

I also recieved an update today for the 3 approved applications that they are mailed to me.

[mekus21]

i485 Delay at TSC

I received 2 message regarding the last two pending applications today 9/28/2018 that they mailed request for Additional evidence. I impatiently waiting for this notice to come so I can know what they need from me. It did not pass 1 year for my medical to expire. I am wondering what might they need from us. I send every paper every evidence I have. I am little bit worried now. I just want to let you guys updated of what happened.

I also recieved an update today for the 3 approved applications that they are mailed to me.

Congrats! 3 of your 5 cases were approved in just 7 months - one of the shortest processing time frames i've seen coming from TSC! It does look like TSC is starting to pick up speed!

I'd like to know what the RFEs on the other two are about. Do keep us updated.