Hi. I am a US citizen who married a foreigner and he is approved for greencard last year. While we were petitioning for him he had asylum application pending in immigration court. Once he got approved, our lawyer cancelled his asylum with the court. This year my husband wants to visit his parents back home. His country's condition has changed dramatically in part 3 years. Will him going back home affect his current status and any future status like for naturalization? Will Uscis take a look at his past asylum application even if it was cancelled? I appreciate any advice. Thank you
it is going to be as much of a problem as if he has gotten his legalization via asylum.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
1. "Can my husband visit his home country ?" Under the circumstances you cited, yes.
2. " Will him going back home affect his current status and any future status like for naturalization? " No, I don't think so. I recently attended the Naturalization interview of a client who obtained "GC"through asylum and who...."went back' - twice (and from a Moslem country, too..) Naturalization granted on first interview.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
Let's start with you telling us what your husband's immigration lawyer said when you asked him/her this question.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
As a former immigration judge, I believe it is generally not a good idea to leave any country while attempting to gain an immigration status in that country. Good luck to you.
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