Asylum Based i-485

[flando]

Has anyone had experience travelling internationally while the green card was pending with only a refugee travel document (RTD) and NO advance parole (AP)? Was there any issue coming back to the US or having your i485 application deemed abandoned?

My lawyer filed for AP when he filed the i-485 because he insisted I would need one but I heard from other sources (including other lawyers) that RTD is enough but wanted to see if anyone had a personal experience without problems. That AP is expired now and I really don't want to get a new one if I don't need it.

Thanks

You should definitely use RTD to enter the US. You generally will loose your asylee status if you use AP to enter the US, unless the CBP officer waived your inadmissibility ground and ADMIT you as asylee.

That said, this is abguity from USCIS policy perspective whether asylee can travel during AOS is pending without AP. Based on its treatment of other status such as H1/H4, in theory asylee should be able to do so.

And generally people don't have issues with only RTD. But because RTD has shorter validity compared to AP, one strategy is that you apply both in one packet (and you don't have to pay when your AOS is pending). Just make sure you enter the US using RTD.

[waitingGC]

You should definitely use RTD to enter the US. You generally will loose your asylee status if you use AP to enter the US, unless the CBP officer waived your inadmissibility ground and ADMIT you as asylee.

That said, this is abguity from USCIS policy perspective whether asylee can travel during AOS is pending without AP. Based on its treatment of other status such as H1/H4, in theory asylee should be able to do so.

And generally people don't have issues with only RTD. But because RTD has shorter validity compared to AP, one strategy is that you apply both in one packet (and you don't have to pay when your AOS is pending). Just make sure you enter the US using RTD.

Thank you for your explanation. The consequences of using an advance parole (AP) to enter the US may not be pleasant so I really want to avoid using it. The closest to an official answer from USCIS that I was able to find was in the instructions for the I-485 form described below:

"If You Leave the United States While Your Application Is Pending

If you are applying for adjustment of status under INA section 245, and you travel anywhere outside the United States (including brief visits to Canada or Mexico) while your application is pending, USCIS will deny your Form I-485 unless:
1. Before you leave the United States, you obtain a grant of advance parole by filing Form I-131, you depart and return to a U.S. port of entry while the Advance Parole Document is valid, and you are paroled into the United States upon your return; or
2. You are an H, L, V, or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status and you return with a valid H, L, V, or K3/K4 nonimmigrant visa.

If you are applying for adjustment of status under INA section 209 because you were admitted as a refugee or granted asylum, you may travel abroad and return to the United States with a refugee travel document. You may obtain a refugee travel document by filing Form I-131 as specified in the Form I-131 Instructions. However, see Form I-131 Instructions for a travel warning regarding voluntary re-availment."

So, despite of implying that RTD is enough, the answer is still not clear that no AP is needed. Do you think I should email USCIS (never done that) seeking a clear, official answer in writing? If so, what email should I send to?

Thanks

[flando]

Thank you for your explanation. The consequences of using an advance parole (AP) to enter the US may not be pleasant so I really want to avoid using it. The closest to an official answer from USCIS that I was able to find was in the instructions for the I-485 form described below:

"If You Leave the United States While Your Application Is Pending

If you are applying for adjustment of status under INA section 245, and you travel anywhere outside the United States (including brief visits to Canada or Mexico) while your application is pending, USCIS will deny your Form I-485 unless:
1. Before you leave the United States, you obtain a grant of advance parole by filing Form I-131, you depart and return to a U.S. port of entry while the Advance Parole Document is valid, and you are paroled into the United States upon your return; or
2. You are an H, L, V, or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status and you return with a valid H, L, V, or K3/K4 nonimmigrant visa.

If you are applying for adjustment of status under INA section 209 because you were admitted as a refugee or granted asylum, you may travel abroad and return to the United States with a refugee travel document. You may obtain a refugee travel document by filing Form I-131 as specified in the Form I-131 Instructions. However, see Form I-131 Instructions for a travel warning regarding voluntary re-availment."

So, despite of implying that RTD is enough, the answer is still not clear that no AP is needed. Do you think I should email USCIS (never done that) seeking a clear, official answer in writing? If so, what email should I send to?

Thanks

If you are applying for adjustment of status under INA section 209 because you were admitted as a refugee or granted asylum, you may travel abroad and return to the United States with a refugee travel document.

Seems to suggest you do not need AP as long as you are applying AOS based on asylum or refugee status.

Because end of the day, both RTD and AP is a form of travel authorization issued by USCIS.

there is no such email and they will not respond / provide legal advise.

I suggest you talk to your attorney and showing the I485 instructions.

[Sunny1122]

Hi every one
asylum approves apr 2018
applied green card 5 persons July 2019 tsc
last finger print feb 2020
today recive biometric for youngest one only
any one knows about why they want only youngest one ?

[luckycharm4111]

Hi every one
asylum approves apr 2018
applied green card 5 persons July 2019 tsc
last finger print feb 2020
today recive biometric for youngest one only
any one knows about why they want only youngest one ?

The Reason because they might want to approve youngest one first

Congrats hopefully soon we goanna here some good news!!!

[TiredOfWaiting!]

Has anyone had experience travelling internationally while the green card was pending with only a refugee travel document (RTD) and NO advance parole (AP)? Was there any issue coming back to the US or having your i485 application deemed abandoned?

My lawyer filed for AP when he filed the i-485 because he insisted I would need one but I heard from other sources (including other lawyers) that RTD is enough but wanted to see if anyone had a personal experience without problems. That AP is expired now and I really don't want to get a new one if I don't need it.

Thanks

I was traveling using my RTD in May this year. I didn't need AP, I mean as long as you are not traveling back to you country of persecution. Didn't have any problem returning back, just had to spend about half an hour in that customs room where officer asked my address put the stamp and said that I'm good to go. That's it.

[flando]

The Reason because they might want to approve youngest one first

Congrats hopefully soon we goanna here some good news!!!

While it could be a sign of case being processed, fingerprint appointment is not a good indicator, because there are many other things require a new fingerprint, such as inconclusive or damaged fingerprint last time. In case of only one family member got the appointment, most likely case is there is some defects with the collection last time.

The best sign is RFE for medical. Unless you have submitted medical within last 2 years, you case is not going anywhere without that RFE, unfortunately.

[Sunny1122]

What ever happen I will update you guys THANKU

[Sunny1122]

How I know which country accept RTD AND
about Canada Dubai turkey qater should I meee Viza to travel with Rtd

[luckycharm4111]

How I know which country accept RTD AND
about Canada Dubai turkey qater should I meee Viza to travel with Rtd

All the countries don’t accept RTD. Before you travel to any country you need to visit their embassy’s website & do some research about it. Some countries they don’t need visa only RTD is good enough but some countries they need both visa and RTD.


I hope this information helps

[Sunny1122]

THANKU lucky charm 1111
one more question if I travel to ???????? by land with green card and rtd do I need eta ?

[luckycharm4111]

THANKU lucky charm 1111
one more question if I travel to ???????? by land with green card and rtd do I need eta ?

When you say ???????? I think you are talking about CANADA.

When traveling to Canada by car, bus, train or boat (including cruise ship), you don’t need an eTA but you always need to carry proof of U.S. lawful permanent resident status

Here is the link for your reference

[waitingGC]

If you are applying for adjustment of status under INA section 209 because you were admitted as a refugee or granted asylum, you may travel abroad and return to the United States with a refugee travel document.

Seems to suggest you do not need AP as long as you are applying AOS based on asylum or refugee status.

Because end of the day, both RTD and AP is a form of travel authorization issued by USCIS.

there is no such email and they will not respond / provide legal advise.

I suggest you talk to your attorney and showing the I485 instructions.

Thanks for your reply. What I meant was like a contact number or email (like "ask Emma or whatever. I know that they do not provide legal advice but I wanted to ask about what they wrote in their own instructions manual. Anyway I am going to ask my lawyer again even though his assistant already told I need an AP. I may ask another lawyer too. I really do not want to risk using an AP when in fact I do not need. Thanks again.

[waitingGC]

I was traveling using my RTD in May this year. I didn't need AP, I mean as long as you are not traveling back to you country of persecution. Didn't have any problem returning back, just had to spend about half an hour in that customs room where officer asked my address put the stamp and said that I'm good to go. That's it.

Thanks for the reply TiredOfWaiting! . Was your I-485 (green card) application pending when you travelled internationally and came back to the US? Have you checked if by any chance it is still pending and was not deemed abandoned? Thanks

[Sunny1122]

When you say ???????? I think you are talking about CANADA.

When traveling to Canada by car, bus, train or boat (including cruise ship), you don’t need an eTA but you always need to carry proof of U.S. lawful permanent resident status

Here is the link for your reference

Yes right I don’t know how I forget Mention Canada THANKU