A GUIDE FOR NEW IMMIGRANTS IN AMERICA

Immigration Issues

 

Did you know?

Did you know that the immigration law requires that you file for asylum within one year of arrival in the United States? There are exceptions to the one-year rule.
Some exceptions include: Changes in the applicant's home country; changes in the applicant's situation that have a material effect on their eligibility for asylum; If the applicant was a derivative on someone else's asylum application, the loss of the derivative relationship; Serious illness; ineffective assistance of counsel, in limited cases death or serious illness of the applicant's legal representative or a close family member. These are some examples of legitimate reasons that can excuse the failure to file your asylum application within one year of your arrival in the United States.

Did you know that the government could revoke your asylum status? A person granted asylum is eligible to apply for the greencard one year after the grant of asylum. People are encouraged to apply for the greencard as soon as possible because asylum status may be revoked under certain circumstances. Although it is not that common, the Department of Homeland Security can seek to terminate your asylum status under several grounds as follows: that country conditions have fundamentally changed such that the asylee no longer fears persecution; that the asylee committed a serious crime, either persecutory in nature or non-political outside of the United States; that the asylee poses a threat to the security of the United States; that the asylee was firmly resettled outside the United States prior to her arrival; that the asylee may be removed pursuant to a bi-lateral agreement to a safe third country that will provide protections; that the asylee has voluntarily returned to her home country; or, that the asylee has acquired a new nationality.

Did you know that an asylee could lose his/her legal status by traveling back to her home country? One of the basics is that if an asylee no longer fears persecution in her home country, then she may no longer be eligible for the protection of asylum. There are some fundamentals that an asylee should follow to protect his/her legal status. Until you become a US citizen, every time you return from international travel, the government can review your entire immigration history to determine if you should be allowed to enter the United States.

Asylees may travel outside the United States with a refugee travel document. If the asylee travels to her home country, the government may refuse her entry into the US based on the finding that the asylee no longer fears persecution from her home country. An asylee should never travel outside the United States and allow her refugee travel document to expire while she is outside the United States. There is no provision for reissuing such a document to a person outside the United States.
If an asylee is traveling with a refugee travel document, this document does not guarantee entry into the United States. These are some examples of circumstances under which people with a refugee travel document have not been allowed to reenter the US upon return from foreign travel. If the asylee was granted asylum after acquiring more than 6 months or more than 1 year of unlawful presence, then in an excess of caution, he/she should not travel with the refugee travel document until he/she becomes a lawful permanent resident. Since the government has not issued any position statement on this issue, it is possible that leaving the country after accruing more than 6 months or more than 1 year of unlawful presence will result in a 3 year/10 year bar to reentering the US; the asylee originally entered the United States with false documents; the asylee is HIV positive; the asylee has been convicted of a crime in the United States.

The most conservative approach if you are not sure is to consult with a legal professional or not travel abroad until you have received your greencard.
Even after the asylee is granted her greencard, he/she should try not to travel under the passport of her home country as this may lead the government to conclude that she has availed herself of the protection of her home country. The asylee greencard holder should continue to travel with a refugee travel document and should not return to her home country. When the asylee applies for US citizenship, she must list all of her international travel since becoming a greencard holder. If she lists that she traveled to her home country, the government may choose to reopen the case and terminate her status. The asylee should never return to her home country until she becomes a US citizen and can travel with a US passport.

Victoria J. Suh, Esq.*
Tsoi & Associates, Lawyers
3580 Wilshire Bl Ste 720 Los Angeles, CA 90010
Tel 213-387-2888 *Fax 213-387-2882
Email usvisalaw@aol.com