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Yes indeed. Case closed and I hope it all works out.
I might add that not all of us transplants can be there physically when our loved ones are passing on so far away but we also shouldn't wail because of that.
Sometimes distance precludes a last visit because of the economy or a situation such as your wife's. I lost both a brother and my father in the past 15 years and wasn't able to be there but it was OK for me and the rest of the family.
Your wife can hook up to Skype which is free and talk to her dad via webcam. Think about that.
Yes, I agree with you that not all 'transplants' can be there physically when loved ones pass on etc. My wife is one of the super-emotional type of females though and I think it'd 'kill' her not to go back if he passed on, especially since that is her only parent since she was 15 due to her mom being killed by a drunk driver. I personally think the same as all of you that she should NOT go back or take ANY chance going back until she has her U.S. citizenship.
We do already speak to her dad on yahoo messenger / msn messenger webcam. I think she has some compelling reason to physically be there...
Here's the webaddress: http://www.uscis.gov/files/pressrelease/AsylumTravel122706FS.pdf (broken link)
Here's the details:
Quote:
Asylees (individuals who have been granted asylum) may travel abroad with the prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad. Generally, the asylee should obtain the refugee travel document prior to departure from the United States, though the applicable regulations also permit the issuance of a refugee travel document abroad under certain circumstances. Like advance parole, a refugee travel document does not guarantee admission into the United States. Rather, the asylee must still undergo inspection by an immigration inspector from CBP.
Quote:
Section 208.8(b) of Title 8 of the Code of Federal Regulations provides that an asylum applicant who leaves the United States pursuant to advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application, unless the applicant is able to establish compelling reasons for the return. Therefore, if an asylum applicant returns to his or her country of claimed persecution pursuant to advance parole, he or she should be prepared to explain the reason for the return.
It looks like it is possible for your wife to return to China to visit her ailing parents. That makes a pretty compelling case, so if it's possible to argue successfully with immigration agents at the border (don't bet on it) she's the one most likely to make a good case. Still, this is a very scary proposal and I'm glad I'm not in your position.
She definitely needs to get a refugee travel document at the very least, and you should consult an immigration lawyer and try to find someone to speak to at USCIS before she leaves. You could try making an appointment with your nearest USCIS office: InfoPass. and speak to an authorized USCIS agent. Try to get something in writing or recorded from that meeting if they give you the green light or suggest it's okay for her to go.
If seeing her relative one last time is important, you should make every effort to help her go, while making sure she comes back safely.
There's no need to apologize or diminish your spouse's feelings because of one snarky poster who places a different value on family ties. Honoring your elders and being with them at their death is very important in my opinion. Sometimes even enough so that the children must suffer difficulties and dangers to repay those whom they love and who raised them. I don't think that's over-emotional. I think that is respectful and selfless.
Yes, i believe she applied for asylum within that 90 days on the K1, and she has her gc already so I guess that doesn't really matter anymore.
Yeah, I am not sure what happens with the 'legal implications' of the then-USC fiance. I assume that her obtaining her greencard now makes everything in regard to the K1 (and ex-fiance) irrelevant now wouldn't it, since her status is now changed to LPR.
It may be that once her status was changed from K1 to asylee that the affadavit of support was no longer in effect.
His wife is not an "asylee" anymore per se-- since she has her green card, she's an LPR. It's easier to travel with a green card:
"A green card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed."
My concern is the Chinese side of the equation. They will let her in. Out may be another matter.
Hindsight is 20/20 but adults have to consider the consequences to their actions. There is always a reaction to deal with. Emotional female or not.
His wife is not an "asylee" anymore per se-- since she has her green card, she's an LPR. It's easier to travel with a green card:
What Sponger described only applies to asylees who aren't LPRs (haven't gotten their green cards yet).
Good luck, Scuzzy! I hope everything works out for your wife.
That's not correct. If you follow the link, you'll see right in the title "Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status"
She's an LPR who obtained her status as an asylee. I didn't think there was a special category either (at the beginning of this thread), but apparently there is.
It's certainly confusing - the USCIS site even seems to contradict itself on the green card through asylum status.
I really think the OP needs to consult an immigration lawyer (a GOOD one) because the last thing they want to do is find that when trying to re-enter USA they say she has abandoned her asylum status
It's certainly confusing - the USCIS site even seems to contradict itself on the green card through asylum status.
I really think the OP needs to consult an immigration lawyer (a GOOD one) because the last thing they want to do is find that when trying to re-enter USA they say she has abandoned her asylum status
I'd recommend contacting the USCIS directly initially (their contact info is on the website). Many of the "immigration lawyers" are shysters who do little more than charge a large fee for information you can easily get directly from the source. Good luck!
It is very dangerous for her to return to China on her green card since she obtained it through her asylee status. She can be placed back in removal proceedings and haver her status terminated. Green card holders who need obtained their status through asylum still need refugee travel documents to travel internationally. USCIS has published a memo on this issue:
Lawful Permanent Residents: Lawful permanent residents who obtained such status based on their asylum status may also travel abroad with refugee travel documents.
Possible Consequences of Returning to the Country of Claimed Persecution
An asylum applicant who leaves the United States without advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application, unless the applicant is able to establish compelling reasons for the return. If an asylum applicant returns to his or her country of claimed persecution without advance parole, he or she should be prepared to explain the reason for the return.
Asylum status may be terminated for specific reasons as listed in INA § 208(c)(2). An individual’s underlying asylum status may be terminated even if the individual has already become a lawful permanent resident.
Returning to one’s country of claimed persecution may be relevant to a number of termination grounds. For instance, asylum status could be terminated based on a fundamental change in circumstances in the asylee’s country of persecution. Termination could also occur due to fraud in the asylum application such that the asylee was not eligible for asylum. Return to the country of feared persecution can, in some circumstances, be considered evidence that the asylee’s alleged fear of persecution is not genuine. In addition, termination of asylum status could occur if an “alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality . . . by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country.”
Accordingly, an asylee or a lawful permanent resident who obtained such status based on a grant of asylum status may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum status.
[INDENT]Lawful Permanent Residents: Lawful permanent residents who obtained such status based on their asylum status may also travel abroad with refugee travel documents. [/INDENT][INDENT]Possible Consequences of Returning to the Country of Claimed Persecution
[/INDENT][INDENT]An asylum applicant who leaves the United States without advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application, unless the applicant is able to establish compelling reasons for the return. If an asylum applicant returns to his or her country of claimed persecution without advance parole, he or she should be prepared to explain the reason for the return.
[/INDENT][INDENT]Asylum status may be terminated for specific reasons as listed in INA § 208(c)(2). An individual’s underlying asylum status may be terminated even if the individual has already become a lawful permanent resident.
[/INDENT][INDENT]Returning to one’s country of claimed persecution may be relevant to a number of termination grounds. For instance, asylum status could be terminated based on a fundamental change in circumstances in the asylee’s country of persecution. Termination could also occur due to fraud in the asylum application such that the asylee was not eligible for asylum. Return to the country of feared persecution can, in some circumstances, be considered evidence that the asylee’s alleged fear of persecution is not genuine. In addition, termination of asylum status could occur if an “alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality . . . by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country.”
[/INDENT][INDENT]Accordingly, an asylee or a lawful permanent resident who obtained such status based on a grant of asylum status may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum status. [/INDENT]
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traveling on a green card obtained through asylum
