Asylum Based i-485

[Joe1203]

Clarity - there is no asylee green card holders.

Your asylum status was terminated when you adjust status.

From a law perspective, you can travel wherever you want once you got your green card, as long as you don't conflict your own story. (such as you claimed your local government is hunting you and your spouse)

Flando, can I use my home country's passport to travel to Mexico, Canada, etc. for just a few days or a week? I have my Green Card already. I have applied for a re-entry permit but it seems the application will take forever (Nebraska Service Center/Processing time 8.5-11 months).

Thank you so much in advance!

[flando]

Flando, can I use my home country's passport to travel to Mexico, Canada, etc. for just a few days or a week? I have my Green Card already. I have applied for a re-entry permit but it seems the application will take forever (Nebraska Service Center/Processing time 8.5-11 months).

Thank you so much in advance!

Yes 100%, as long as it does not conflict with your asylum claim.

As LPR you are not required to apply for RTD.

[sweetsuchino]

Yes 100%, as long as it does not conflict with your asylum claim.

As LPR you are not required to apply for RTD.

Are you sure? I don’t think you allowed to use your country’s passport even after getting your green card and you can’t go to your home country either… that’s what I have read, if I’m wrong please point me to where the information is.

[flando]

Are you sure? I don’t think you allowed to use your country’s passport even after getting your green card and you can’t go to your home country either… that’s what I have read, if I’m wrong please point me to where the information is.

I have replied multiple times and wondering why there still such a myth about this and who is spreading the rumors to you all.

Board of Immigration Appeals, whose decision is binding for USCIS, clearly says so in its ruling (which is basically saying LPRs lost their asylum status when they adjust status).

'As the Fourth Circuit noted, an asylee who adjusts status under section 209(b) obtains significant benefits, including ... and “the right to travel outside of the United States without the advance permission of a refugee travel document.”'

And also see this "An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution"

https://www.justice.gov/eoir/page/file/986401/download

In law, you don't come closer than this. It's a closed case. USCIS simply CANNOT deny you benefits ONLY based on the fact that you used your passport after you get your green card.

Come one people, wake up!!!!!

[sweetsuchino]

[sweetsuchino]

Hello, not trying to contradict you or anything, I’m just trying to make sure no one gets in trouble. I think that part I posted up there says an asylee can be removed if they have adjusted their status to that of permanent resident n then return to their home country or the last country they lived if they are stateless. Ordinarily, asylees shouldn’t be deported except fraud can be proven in their initial application but then, once they adjust status n return to their home country, that’s one of the ground on which they can be deported. What am I not getting please?

[asylumvn]

Someone just created a sheet of asylum based I-485 so we can track our cases together. Please fill out your cases so we all know what’s going on with us. Thank you

https://docs.google.com/spreadsheets/d/11urVnrAZkLQFkYsYqtqBFekG2rgBygG5UEXE5RSHfWM/edit#gid=0

[flando]

Hello, not trying to contradict you or anything, I’m just trying to make sure no one gets in trouble. I think that part I posted up there says an asylee can be removed if they have adjusted their status to that of permanent resident n then return to their home country or the last country they lived if they are stateless. Ordinarily, asylees shouldn’t be deported except fraud can be proven in their initial application but then, once they adjust status n return to their home country, that’s one of the ground on which they can be deported. What am I not getting please?

What you said is not true. and not sure how you can read the ruling as such.

Regardless, it's up to you to believe what you choose to believe.

My suggestion is read what I have said.

[flando]

Hello, not trying to contradict you or anything, I’m just trying to make sure no one gets in trouble. I think that part I posted up there says an asylee can be removed if they have adjusted their status to that of permanent resident n then return to their home country or the last country they lived if they are stateless. Ordinarily, asylees shouldn’t be deported except fraud can be proven in their initial application but then, once they adjust status n return to their home country, that’s one of the ground on which they can be deported. What am I not getting please?

and to be clear - please do not misled people if you do not understand what the ruling said.

Your second sentence itself is completely wrong -

This is what the ruling said -

"We held in Matter of C-J-H-, 26 I&N Dec. at 285, that an alien whose status is adjusted from that of asylee to that of lawful permanent resident no longer qualifies as an asylee."

And you said "an asylee can be removed if they have adjusted their status to that of permanent resident n then return to their home country... "

Clearly that's an impossibility because once you have got your green card you are no longer an asylee.

The only way to get rid of you is the same grounds all green cards holders are subject to, such as fraud.

that's not to say all asylee should return to home county once they got their green card, some face higher risks than others, but generally there is nothing USCIS can do unless they can prove you committed fraud in application process.

[Joe1203]

Yes 100%, as long as it does not conflict with your asylum claim.

As LPR you are not required to apply for RTD.

Thank you so much, Flando. I really appreciate it.

[waitingGC]

Has anyone heard if that bill that was trying to make green card holders eligible to apply for citizenship after only 3 years after being granted permanent residency (providing that they were authorized to work in the US in the 3 preceding years) was approved? Thanks

[Lucky_]

has anyone heard if that bill that was trying to make green card holders eligible to apply for citizenship after only 3 years after being granted permanent residency (providing that they were authorized to work in the us in the 3 preceding years) was approved? Thanks

not yet!!!

[flando]

Has anyone heard if that bill that was trying to make green card holders eligible to apply for citizenship after only 3 years after being granted permanent residency (providing that they were authorized to work in the US in the 3 preceding years) was approved? Thanks

No. You seem to be referring to "U.S. Citizenship Act of 2021"

It's very unlikely anything like that will pass.

[waitingGC]

No. You seem to be referring to "U.S. Citizenship Act of 2021"

It's very unlikely anything like that will pass.

flando , I am not sure but I think so.

I tried to google online but I am not sure if that bill (even if passed) would apply to asylee (I saw that would aplly to DACA and V visas recipients).
Thanks

[flando]

flando , I am not sure but I think so.

I tried to google online but I am not sure if that bill (even if passed) would apply to asylee (I saw that would aplly to DACA and V visas recipients).
Thanks

It's useless to stipulate who and what the bill will apply to because there will be amendment processes.

However at its current shape, it will apply to asylee.

Again, the bill WILL NOT pass, and SHOULD NOT pass.

I disagree granting shortcut amnesty to DACA. Everyone should be going through the funnel and lined up.