Spouse green card granted but political asylum pending

[Timona 4,208]

4 minutes ago, EmilyW said:

Oh I think you're fine in terms of travel.

 

 

But your parents no longer have a case.  You said the threat is gone, to the point you can now return to vacation there.  How can they continue to claim asylum when the threat no longer exists?  

 

Wise thinking. 👏

[arken 4,197]

You are carrying two risks by traveling to your home country.

1. Getting denied or if not denied getting an NTA before an immigration judge who may ultimately relieve you of any wrongdoing if you convince them that there is no longer a threat now. CBP may not just take your word for granted.

 

2. Your travel will very likely cause your parents asylum application to be denied. The threat has to be present at the time when they make a decision. Lets say 3 months down the road, an IO is making a decision on your parents and he will have the record or your withdrawal of application (will look at why) and then your travel. He sees that there is no threat to your parents on going back and will deny them.

 

If you believe your parents did a good job bringing you here because of the survival threat at that time, i'd say return their favor by not traveling.

Edited July 8, 2022 by arken

[JeanneAdil 6,592]

1 hour ago, Vakcarcel said:

The armed group that was threatening my parent’s lives 6 years ago does not exist anymore, in 2017 the signed a peace agreement with the government. It is safe to go back

i think we all know that when a gang,  terrorist group,  or other type "don't exist anymore" ,  some other group has taken over their territory and not all the group are necessarily "out as in dead"   

so, if u were not safe  then,  u r not safe now

[Timona 4,208]

11 minutes ago, arken said:

You are carrying two risks by traveling to your home country.

1. Getting denied or if not denied getting an NTA before an immigration judge who may ultimately relieve you of any wrongdoing if you convince them that there is no longer a threat now. CBP may not just take your word for granted.

 

2. Your travel will very likely cause your parents asylum application to be denied. The threat has to be present at the time when they make a decision. Lets say 3 months down the road, an IO is making a decision on your parents and he will have the record or your withdrawal of application (will look at why) and then your travel. He sees that there is no threat to your parents on going back and will deny them.

 

If you believe your parents did a good job bringing you here because of the survival threat at that time, i'd say return their favor by not traveling.

 

 

I believe OP already requested for withdrawal of asylum case when he/she got CR-1, if he/ she made use of his/her comments on April 17th thread. So, IO will definitely know. So, number 2 ship is long gone. 

 

And it seems OP got GC within the last month. It will raise suspicions that the first place OP wants to visit is Colombia where they ran away from. It is not illegal, but very suspicious because it's contrary to the asylum case. 

 

I'd say this is a tight rope OP is walking. Think wisely and make the right judgment. 

 

 

Edited July 8, 2022 by Timona

[arken 4,197]

10 minutes ago, Timona said:

I believe OP already requested for withdrawal of asylum case when he/she got CR-1, if he/ she made use of his/her comments on April 17th thread. So, IO will definitely know. So, number 2 ship is long gone

At least if the withdrawal sole reason was just already having GC through another means, No 2 is still alive. But agreed that if the reason included intent to travel to Columbia because of no threat, then yes it's gone.

Edited July 8, 2022 by arken

[Family 4,077]

7 minutes ago, arken said:

2. Your travel will very likely cause your parents asylum application to be denied. The threat has to be present at the time when they make a decision. Lets say 3 months down the road, an IO is making a decision on your parents and he will have the record or your withdrawal of application (will look at why) and then your travel. He sees that there is no threat to your parents on going back and will deny them.

 

If you believe your parents did a good job bringing you here because of the survival threat at that time, i'd say return their favor by not travelin

Agree very loudly with point #2, it’s a real concern for the parents, especially if their asylum interview gets scheduled before OP has a chance to I-751 , Natz and help them herself. 
Asylum grants are tough 

[Vakcarcel 10]

Thanks everyone for your response and sharing your knowledge, my lawyers just gave a green light to travel since I’m not the main applicant for the political asylum, immigration is not allowed to ask me any questions about the asylum since I didn’t apply for it, only my parents are required to answer questions, if my parents were in my position they could not travel and likely get in trouble 

 

ps: my parents case will not be hurt by me traveling 

Edited July 8, 2022 by Vakcarcel

[PaulaCJohnny 713]

28 minutes ago, Vakcarcel said:

Thanks everyone for your response and sharing your knowledge, my lawyers just gave a green light to travel since I’m not the main applicant for the political asylum, immigration is not allowed to ask me any questions about the asylum since I didn’t apply for it, only my parents are required to answer questions, if my parents were in my position they could not travel and likely get in trouble 

 

ps: my parents case will not be hurt by me traveling 

Please let us know when you are back how was your experience so this can help others in the future.

 

goos luck 

[Vakcarcel 10]

Just now, PaulaCJohnny said:

Please let us know when you are back how was your experience so this can help others in the future.

 

goos luck 

Of course! I will update as soon as I come back! 

[Boiler 45,795]

Certainly an interesting situation and I can not help but wonder how the conversation between the OP and the Parents went as they seem to have VERY different views of the situation. Not going to address who is right who is wrong, just obviously they can not be both right.

 

So assuming Parents are correct then will it be an issue at the PoE, probably not but you never know.  Will it be an issue for Naturalisation if the OP goes that way, well obviously they will be aware of the asylum claim and subsequent travel history.

 

I am surprised the lawyer said what they apparently said, they should be protecting your immigration situation not your travel wishes.

 

 

Edited July 8, 2022 by Boiler

[Marthaeu 39]

2 hours ago, Vakcarcel said:

Thanks everyone for your response and sharing your knowledge, my lawyers just gave a green light to travel since I’m not the main applicant for the political asylum, immigration is not allowed to ask me any questions about the asylum since I didn’t apply for it, only my parents are required to answer questions, if my parents were in my position they could not travel and likely get in trouble 

 

ps: my parents case will not be hurt by me traveling 

Suerte en su viaje . Sin embargo lo que puede pasar es que pongan en duda el caso de asilo de sus padres pues aunque usted no lo solicitó si queda en el récord que estaba en esa solicitud como hija .ojalá  tengan muy buenos argumentos y evidencias y el asilo no sea negado . Los grupos de guerrilla en Colombia no se han terminado . Los q firmaron la paz regresaron al monte con armas . 
 

Good luck on your trip . What can happen, however, is that your parents' asylum case is challenged because even though you don't
 requested it if the file shows that she was on that request as a daughter.  Hopefully they have very good arguments and evidence and are not denied asylum.  The guerrilla groups in Colombia have not ended.  Those who signed the peace returned to the mountain with their weapons.

 

Edited July 8, 2022 by Marthaeu

[Vakcarcel 10]

2 minutes ago, Marthaeu said:

Suerte en su viaje v. Sin embargo lo que puede pasar es que pongan en duda el caso de asilo de sus padres pues aunque usted no

lo solicitó si queda en el récord que estaba en esa solicitud como hija .ojalá  tengan muy buenos argumentos y evidencias y el asilo no sea negado . Los grupos de guerrilla en Colombia no se han terminado . Los q firmaron la paz regresaron al monte con armas . 
 

Good luck on your trip v.  What can happen, however, is that your parents' asylum case is challenged because even though you don't
 requested it if the file shows that she was on that request as a daughter.  Hopefully they have very good arguments and evidence and are not denied asylum.  The guerrilla groups in Colombia have not ended.  Those who signed the peace returned to the mountain with their weapons.

 

Our political asylum is a pending process which has not been approved nor denied yet, it’s been over 6 years and we haven’t heard anything from immigration, by the time they finally hear something from immigration I’ll already be a citizen, which I’ll start the process for the Green Card for them. I have heard about people that are still waiting after more than 10 years. 

[Vakcarcel 10]

3 hours ago, Timona said:

 

 

I believe OP already requested for withdrawal of asylum case when he/she got CR-1, if he/ she made use of his/her comments on April 17th thread. So, IO will definitely know. So, number 2 ship is long gone. 

 

And it seems OP got GC within the last month. It will raise suspicions that the first place OP wants to visit is Colombia where they ran away from. It is not illegal, but very suspicious because it's contrary to the asylum case. 

 

I'd say this is a tight rope OP is walking. Think wisely and make the right judgment. 

 

 

My case went so smoothly for my GC it only took 8 months to get approved, the interview was waived (so I couldn’t give them the letter of withdrawal for the political asylum) and my whole case got approved without any problem, my asylum case was dropped as soon as I got my GC approval since nobody can have two immigration processes open and getting immigration benefits from both. However, I sent a letter requesting proof providing that I’m not in that political asylum process any longer. 

Edited July 8, 2022 by Vakcarcel

[Timona 4,208]

20 minutes ago, Vakcarcel said:

My case went so smoothly for my GC it only took 8 months to get approved, the interview was waived (so I couldn’t give them the letter of withdrawal for the political asylum) and my whole case got approved without any problem, my asylum case was dropped as soon as I got my GC approval since nobody can have two immigration processes open and getting immigration benefits from both. However, I sent a letter requesting proof providing that I’m not in that political asylum process any longer. 

 

 

Read and understand what @Boiler said above. Naturalization can be challenged and the whole immigration history reviewed. 

 

You sent a letter and I'm sure you explained why you were withdrawing asylum. Regardless, whether you sent it or not, it's in the system. They know. Additionally, while filing AOS, it asks if you have an underlying petition. So, you must have mentioned it there too and even if you didn't, you name will appear in the system under 2 petitions. So, easy to know. 

 

Anyway, as I mentioned earlier, asylum and returning home is a grey area for me. I don't understand it well. I only speak from past experience. So, let us know how yours go exiting and returning. 

 

On the other side, you still have ROC and N400 to go for file reviews, even if you successfully make it back. 

 

Make a wise decision. As I said, this is a grey area for me. I'm not experienced much.

Edited July 8, 2022 by Timona

[Vakcarcel 10]

1 minute ago, Timona said:

 

 

Read and understand what @Boiler said above. Naturalization can be challenged and the whole immigration history reviewed. 

 

You sent a letter and I'm sure you explained why you were withdrawing asylum. Regardless, whether you sent it or not, it's in the system. They know. 

 

Anyway, as I mentioned earlier, asylum and returning home is a grey area for me. I don't understand it well. I only speak from past experience. So, let us know how yours go exiting and returning. 

 

On the other side, you still have ROC and N400 to go for file reviews, even if you successfully make it back. 

 

Make a wise decision. As I said, this is a grey area for me. I'm not experienced much.

I see what you mean, the only thing that makes me feel safe is that one of the new lawyers who is Colombian too and has the same immigration history as mine went back to Colombia after getting her GC (she did have an interview for her spouse GC and she terminated her political asylum then, her parents were the main applicants for that process too). When she came back to the US nothing happened, now she’s a citizen and her parents case still in process