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Can green card holders (asylum- based) travel to their country for family emergency reasons?

Los Angeles, CA |

I am a green card holder (asylum-based). My father in my country is very sick and I want to see him before it is too late. What are the consequences if I renew my national passport to make a short trip to see my father? Will USCIS give me hard time if I make this emergency trip?

Attorney Answers 2

Posted

Better think long and hard before you apply fir Advance Parole. 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.

A grant of asylum may be terminated for specific reasons as listed in INA § 208(c)(2). 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 of asylum or refugee status could also occur due to fraud in the asylum or refugee application such that the individual was not eligible for asylum or refugee status. 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 refugee 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 or refugee status.

Do Consult an experienced immigration lawyer for assistance.

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Posted

You better not..lest you'll admit that your asylum application was obtained through fraudulent or fabricated facts..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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