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I hold an asylum status from 2000. In 2005 left USA. Now things are worse for my life, can I come back to US?

Peabody, MA |

I never gave up my political asylum. In 2005 I went back to my country, because my parents were sick (they past way few years later). After my party came in power, I was safe and i got hired on top positions of my government, friendly to US. I never done any crime. Last year my party lost the power and newcomers are persecuting me, and I was forced to live my country and I am hiding in one of EU country. Can I come back to live to USA and how? I never applied for green card or permanent residence. I left USA with a travel document, that I still have it (it is expired 2006).

Attorney Answers 4

Posted

Do you mean you were granted asylum in 2000? If so, did you then obtain a green card based on asylee status? If you went back to your home country and lived there for several years after having claimed fear for your life and safety in that very country, obviously the government will have a problem with that. Furthermore, if you did obtain a green card, you probably abandoned it if you remained abroad for such a long time without keeping ties to the U.S. Contact an immigration attorney directly for more advice geared to your specific situation.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Posted

That's a tricky situation, very problematic. Have you explored asylum in the EU country where you are now hiding?

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1 comment

Asker

Posted

Yes, I did! I like to come back to USA.

Posted

You will need to contact the U.SD. consulate int he country where you are living to apply for a travel letter. If you can get this then once back in the U.S. you should immediately apply for permanent residence. There may serious issues with your having traveled to your home country as your asylum status indicated you were afraid to do this.

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3 comments

Asker

Posted

I did contact them by mail, and they said no, without refering any paragraph or article of the law. Their answer is:The US immigration law allows max one year absence without a risk to lose the status. As you have been out since 2005 you have lost your status to the U.S. Unfortunately, at the moment there is no available visa status based on your request enabling your travel to the U.S."

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

Then your only recourse will be to re-apply for any type of visa you may be eligible for.

Asker

Posted

Thank you!

Posted

If you were granted asylum and returned to live in your home country it is likely that the government may have some issues with the US government believing that you are truly afraid to go back there. There are a number of other issues that may arise with Asylum, including the fact that you are residing in a safe third country. To apply for Asylum you need to be in the US. If you are outside the US you can apply as a refugee to the UNHCR.

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