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Can I travel back to country of persecution after becoming L.P.R

#1 Immigrant_USA

Immigrant_USA

    Newbie

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Posted 08 June 2006 - 09:45 AM

Traveling back to country of persecution after becoming L.P.R.

Hello,

I have a question for my case please.

I have applied for Asylee Adjustment to Permanent Resident Status.
And my application (I-485 ) has been approved and I received my Permanent Resident Card (I-551)

My question is, do you think that now I can travel back to my country to see my mother who I did not see for over 4 years, could cause a problem and might drive the I.N.S. to take an action to reopen my case and withdraw my new status.

And assuming here that it will be OK to travel back for a visit, can I renew my passport or would this be a sign of asking for a re-protection from the country of persecution.
If I can't renew it, do I have to apply for refuge travel document or a re-entry permit as a replacement to my passport ?

I’m seeing a publication on USCIS.com M-661 (12/5)
My comment for this is:
We know that the political situation of a country is changeable. And my country’s political situation has been changed now. My political party is in power and they win the last elections. So I think that it’s not going to be more persecution in my native country.
Does US Government protect me from any harassment that might happen if I travel back to my country even though I’m now Permanent Resident of USA ? I don’t know if US government will protection me or I have to wait (4 more years) to become US Citizen and after that I can be protected.


I need advise please.

Thank you
  • 0

#2 zyggy

zyggy

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Posted 08 June 2006 - 11:29 AM

Traveling back to country of persecution after becoming L.P.R.

Hello,

I have a question for my case please.

I have applied for Asylee Adjustment to Permanent Resident Status.
And my application (I-485 ) has been approved and I received my Permanent Resident Card (I-551)

My question is, do you think that now I can travel back to my country to see my mother who I did not see for over 4 years, could cause a problem and might drive the I.N.S. to take an action to reopen my case and withdraw my new status.

And assuming here that it will be OK to travel back for a visit, can I renew my passport or would this be a sign of asking for a re-protection from the country of persecution.
If I can't renew it, do I have to apply for refuge travel document or a re-entry permit as a replacement to my passport ?

I’m seeing a publication on USCIS.com M-661 (12/5)
My comment for this is:
We know that the political situation of a country is changeable. And my country’s political situation has been changed now. My political party is in power and they win the last elections. So I think that it’s not going to be more persecution in my native country.
Does US Government protect me from any harassment that might happen if I travel back to my country even though I’m now Permanent Resident of USA ? I don’t know if US government will protection me or I have to wait (4 more years) to become US Citizen and after that I can be protected.


I need advise please.

Thank you



Did you have an attorney work on your case... this really is a questions for a qualified professional...
  • 0
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#3 Yodrak

Yodrak

    Member


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Posted 08 June 2006 - 12:19 PM

Immigrant_USA,

I think that if you were truthful in your application for an asylee adjustment, it's not the USCIS that you have to worry about by returning to your country.

Yodrak

Traveling back to country of persecution after becoming L.P.R.

Hello,

I have a question for my case please.

I have applied for Asylee Adjustment to Permanent Resident Status.
And my application (I-485 ) has been approved and I received my Permanent Resident Card (I-551)

My question is, do you think that now I can travel back to my country to see my mother who I did not see for over 4 years, could cause a problem and might drive the I.N.S. to take an action to reopen my case and withdraw my new status.

And assuming here that it will be OK to travel back for a visit, can I renew my passport or would this be a sign of asking for a re-protection from the country of persecution.
If I can't renew it, do I have to apply for refuge travel document or a re-entry permit as a replacement to my passport ?

I'm seeing a publication on USCIS.com M-661 (12/5)
My comment for this is:
We know that the political situation of a country is changeable. And my country's political situation has been changed now. My political party is in power and they win the last elections. So I think that it's not going to be more persecution in my native country.
Does US Government protect me from any harassment that might happen if I travel back to my country even though I'm now Permanent Resident of USA ? I don't know if US government will protection me or I have to wait (4 more years) to become US Citizen and after that I can be protected.


I need advise please.

Thank you


  • 0

#4 Kajikit

Kajikit

    Happy to be here



Posted 08 June 2006 - 07:57 PM

This is just IMO... but if you really want to stay in the US, I wouldn't go back to the country I claimed asylum from until I was a citizen... otherwise what's to stop the immigration people from saying 'oh, so you're safe to go back now that means you're no longer being persecuted and you don't need to be a refugee any more so goodbye and don't let the door hit you on the way out!' It just seems very risky to me...
  • 0
Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)
STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)
STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)
STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)
STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)
*N400 filed December 15, 2011
*Interview March 12, 2012
*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

#5 motu

motu

    Master Of the Universe



Posted 08 June 2006 - 08:15 PM

Its possible that it means nothing - now that you have a green card the POE officer doesn't care how or why you became a LPR and may not question why you went back to your native country. However in this time of trigger happy immigrant haters I would suggest you ask an attorney before leaving the country. Good Luck
  • 0
2005
K1
March 2 Filed I-129 F
July 21 Interview in Bogota ** Approved ** Very Easy!
AOS
Oct 19 Mailed AOS Packet to Chicago
2006
Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)
Apr 25 Green card received
2008
Removal of conditions

March 17 Refiled using new I-751 form
April 16 Biometrics done

July 10 Green card production ordered
2009
Citizenship

Jan 20 filed N400
Feb 04 NOA date
Feb 24 Biometrics
May 5 Interview - Centennial (Denver, Colorado) Passed
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July 7 Received Passport in 3 weeks
Shredded all immigration papers Have scanned images

#6 americangirl

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    Member

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Posted 08 June 2006 - 09:00 PM

This is just IMO... but if you really want to stay in the US, I wouldn't go back to the country I claimed asylum from until I was a citizen... otherwise what's to stop the immigration people from saying 'oh, so you're safe to go back now that means you're no longer being persecuted and you don't need to be a refugee any more so goodbye and don't let the door hit you on the way out!' It just seems very risky to me...


Being an asylee or a refugee doesn't mean you are a permanent resident. You have to apply to become an LPR after a certain amount of time (a year, I believe) as an asylee. Since the OP is now an LPR, I don't see any reason why he would have an issue. He is no longer an asylee.

I would think that as long as you are just going back to visit, it's not going to be an issue. (Just a thought - there are tons of tourists who visit countries where if they lived there, they'd be persecuted, but as long as they're tourists with tourist dollars, they are welcomed by those same governments!) There are plenty of people who came as asylees or refugees who would no longer qualify for that status, and they don't have their green cards or citizenship revoked.

I know one asylee-turned-LPR who has been waiting for her citizenship to be granted for 10 years. She's planning a visit to her home country this year. Not a problem. She's an LPR, and she is afforded the same travel rights as any other LPR.
  • 0

4.21.06 - Married!
5.2.06 - Mailed AOS and EAD to Chicago
5.4.06 - Application arrives in lockbox
5.9.06 - NOA 1 for AOS and EAD
5.11.06 - NOA 1 rec'd!
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7.11.06 - EAD approval notice!!!
7.15.06 - EAD card rec'd!
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#7 Kajikit

Kajikit

    Happy to be here



Posted 08 June 2006 - 09:14 PM

I didn't notice the greencard bit... yes, once you've got your card I don't think the government cares WHY you got it - it's enough that you have the thing.
  • 0
Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)
STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)
STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)
STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)
STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)
*N400 filed December 15, 2011
*Interview March 12, 2012
*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

#8 Pinay Wife

Pinay Wife

    Diamond Member



Posted 09 June 2006 - 01:24 AM

Does US Government protect me from any harassment that might happen if I travel back to my country even though I’m now Permanent Resident of USA ? I don’t know if US government will protection me or I have to wait (4 more years) to become US Citizen and after that I can be protected.

Since you are not yet a US citizen, US govt. may not be able to provide you with any assistance.

And even if you are a US citizen, do take note that "while in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law". If your country arrests you with some fabricated charges, you may very well kiss the US goodbye.
  • 0


#9 diadromous mermaid

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Posted 09 June 2006 - 07:12 AM


Does US Government protect me from any harassment that might happen if I travel back to my country even though I’m now Permanent Resident of USA ? I don’t know if US government will protection me or I have to wait (4 more years) to become US Citizen and after that I can be protected.

Since you are not yet a US citizen, US govt. may not be able to provide you with any assistance.

And even if you are a US citizen, do take note that "while in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law". If your country arrests you with some fabricated charges, you may very well kiss the US goodbye.


I believe the critical issue would be to avoid seeking the protection of the country that you were a refugee from and from which you were in fear of persecution. A visit would be reasonable, especially if the climate has changed since you left, but it's wise to check with an immigration expert prior to that, to make sure. If I'm not mistaken, the regulations state that "past fear of persecution" implies future as well.
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#10 Kathryn41

Kathryn41

    crazy cat lady



Posted 09 June 2006 - 07:18 AM

Of additional concern is that many countries quilty of persecution do not recognize legal citizenship or residency of their citizens in other countries. Your home country may offer you more threat than USCIS if they discover you are back in their jurisdiction, and you will have no recourse to protection of the US government. Even US citizenship may not be accepted and as far as they are concerned, you are still their citizen and still subject to whatever laws or conditions they wish to impose. A better course of action may be to meet up with your family members in a third country where you don't run this risk.

Edited by Kathryn41, 09 June 2006 - 07:19 AM.

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“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”
 
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#11 Immigrant_USA

Immigrant_USA

    Newbie

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Posted 10 June 2006 - 11:42 AM

Thank you for your advises.
The fear to travel back to my native country can be forever or can end. But the point is IF USA have any law which says that can protect an L.P.R or a US citizen from another country.Of cource I'm a citizen of my native country but also I'm permanet resident of USA.
I hope that an attorney can show me this law in USA which I can travel to my native country based on this law or regulation.

I'm posting my Green Card info. for the others which they are waiting to received it.

Asylum Granted: Sep-2003
I-485 Notification Date(ND): Oct-2004
Case transfer From Vermond NY Center to TX Center
Request For Intital Evidence (RFI): Jan-2006
BIO(Code 3) requested: Jan-2006
BIO(Code 3) done: Feb-2006
RFI Sent: March-2006
RFI received by TSC: Mar-2006
Date Approved on card is: April-2005
GC in hand: April-2006

Good luck to the pending Green Card applicants.
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#12 Peter Miami

Peter Miami

    Diamond Member



Posted 10 June 2006 - 02:01 PM

Its possible that it means nothing - now that you have a green card the POE officer doesn't care how or why you became a LPR and may not question why you went back to your native country. However in this time of trigger happy immigrant haters I would suggest you ask an attorney before leaving the country. Good Luck

I agree! :yes:

Peter Miami
  • 0
Johanna & Peter
Colombia / U.S.A.

I-129F / K-1 Fiancee Visa
08-20-02 - Met Johanna in Armenia, Colombia
10-05-05 - K-1 Sent to TSC
10-14-05 - Received NOA1 by E-Mail (Day 9)
12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)
03-03-06 - Interview Date! (Day 149) Approved
03-10-06 - Johanna Arrived
05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)
06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)
06-06-06 - AOS Package Delivered at 12:29PM
06-12-06 - Received NOA1 by Mail
06-14-06 - Check Cashed
06-22-06 - Received Appointment Notice for Biometrics
06-26-06 - "Request for Additional Evidence" Online, waiting for letter
06-29-06 - Biometrics Done!
06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)
07-10-06 - Sent RFE by Express Mail USPS
07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell
08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)
08-30-06 - Touched #1
08-31-06 - Touched #2
08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application
09-01-06 - Touched #3
09-01-06 - NOA by Mail Regarding Transfer to CSC
09-05-06 - Touched #4
09-07-06 - Touched #5
09-13-06 - Touched #6
09-15-06 - AOS Approved by Online Status & E-mail
09-21-06 - Received GC and Welcome Letter (Day 109)

#13 dmartmar

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Posted 11 June 2006 - 12:54 AM

Do you know why most fugitives eventually get caught?

Because sooner or later, they ALWAYS go back to the scene of the crime.
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