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Returning to home country after obtaining an asylum based green card.

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  • Returning to home country after obtaining an asylum based green card.

    My friends has a dilemma. Eight years ago he came from Kazakhstan to the U.S. claiming asylum fearing persecution for his political beliefs. Those fears were real and a couple of years ago he finally obtained his green card. He hasn't seen his family in eight years and his elderly mother is ill so he would obviously love to return to his homeland to see his mother, perhaps for the last time. In the past few years he senses that the political situation has changed enough that he feels that the risk of returning home and being questioned, (or worse), by the Kazak authorities is worth seeing his family again. His dilemma is when he returns to the United States. He knows that he is breaking the rules of his green card and that he could be deported when he renters the U.S. but what he doesn't know is how likely it is that the immigration officers would question him on his return and how seriously they would treat a case where someone here in the U.S. with asylum status returned to the country where they are supposed to have fled fearing persecution. He and I have heard stories about Chinese residents with asylum status being refused re-entry after they returned from their home country and we have also heard other stories of asylum status green card holders walking through immigration without any problems.
    Does anyone here have any experience in such a situation? This is worrying him a lot and he would like to get a clearer idea of the likelihood of problems upon his return. Thanks.

  • #2
    I would not take chance of returning ,this means you will have to once again to prove you case prior re-admission to the States depending on the Immigration officer processing your entry.
    Remember ,asylum is meant to be temporary....overlook the fact it says on I-94 allowed to stay indefinetly...It is revokable based on changed circumstances....you could be sent to Imm judge for asylum or greend card reconsideration..and you don't want to be involved in this lengthy , time consuming and hearthbreaking process.
    Even though he or she has a green card...but remember it derives from from an asylum grant...not a marriage .
    Speaking of your friend ,the fears has already happened ,now it is time to confront the issues thru a well documented paperwork and the context of her travel to country of persecution.It would be eager to consult a lawyer (e-mail,phone) beforehand and seek advice what to provide prior boarding plane to the States.
    Good luck ,use my advice with discretion ,I'm not a lawyer...just a reader of Immigration laws thru case studies.
    Last edited by Alpha11; 05-31-2007, 08:57 AM.

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