Spouse green card granted but political asylum pending

[TBoneTX 45,286]

Vakcarcel, how you choose to proceed depends on the levels of short- and long-term risk that you're willing to assume.  If it were just you, that's one thing, but you should also consider your parents.  If part of the plans work well but the other parts don't, what then?

[PWB 213]

Wishing you a most deserved vacation.  I'm out....

[Cathi 5,748]

Can I ask you a serious question? Why did you come here to ask for advice and after being told the truth of your situation by several members who know exactly what they're talking about, are you arguing with them because you don't the the reality of their answers? 

I am dumbfounded by people who come to ask for advice and when they don't like what they hear, they dig their heels in. This thread is going around in circles at this point. The fact of the matter is that you will, without a doubt, be putting your parent's asylum case in jeopardy by going back to the country they ran from, regardless of what you think or what the attorney is telling you.

 

 Period. Full stop. End of story. 

Edited July 9, 2022 by Cathi

[TBoneTX 45,286]

A judgmental-sounding post has been removed.  That poster has already reposted with use of a different communication approach.

 

VJ Moderation

Edited July 9, 2022 by TBoneTX

[Family 3,988]

4 hours ago, Mike E said:

Not week goes by when I see a lawyer (or a first hand account) post something that is stunningly wrong. 
 

I’m no longer surprised. I am numb.  

Please consider hosting/ posting a daily or weekly digest of just such a collection! Thank you 

[dnyal 32]

I really don’t see the issue here. It seems the OP is trying to say that their parents (or one of them, at least) was threatened, and they decided to flee along with their family. It could be that the father was the one threatened, but then decided he was not gonna leave without his family. Unlike in the U.S., a 19-yo person in Colombia very often still lives with and gets support from his or her parents. I lived with my mom until I was 22! And, when I mean living, I mean she supported me completely. Perhaps that was the situation the OP was in back then and why their parents involved them in their asylum process. Now that the OP is financially independent and might not have been the directly threatened person, I see why their lawyer would give them a green light to travel.

[Family 3,988]

2 minutes ago, dnyal said:

I really don’t see the issue here. It seems the OP is trying to say that their parents (or one of them, at least) was threatened, and they decided to flee along with their family. It could be that the father was the one threatened, but then decided he was not gonna leave without his family. Unlike in the U.S., a 19-yo person in Colombia very often still lives with and gets support from his or her parents

When someone asks for asylum ( USA  or any other country), they make a claim that it’s a matter of life and death ( to simplify)  for themselves ( principal applicant) AND each family member ( spouse and kids under 21) and also that their country’s government cannot protect them

There are millions of displaced refugees ( living in tents, shacks , camps)  across the globe praying for any country to accept them …

 

Glad you joined. Keep posting 

 

 

[SalishSea 17,828]

2 hours ago, Family said:

Please consider hosting/ posting a daily or weekly digest of just such a collection! Thank you 

Companion digest to @Crazy Cat's now-defunct "Tales of the Green Card."

[Family 3,988]

6 minutes ago, Jorgedig said:

Companion digest to @Crazy Cat's now-defunct "Tales of the Green Card."

Cannot find where that is buried…just looked. 

[Vakcarcel 10]

7 hours ago, Cathi said:

Can I ask you a serious question? Why did you come here to ask for advice and after being told the truth of your situation by several members who know exactly what they're talking about, are you arguing with them because you don't the the reality of their answers? 

I am dumbfounded by people who come to ask for advice and when they don't like what they hear, they dig their heels in. This thread is going around in circles at this point. The fact of the matter is that you will, without a doubt, be putting your parent's asylum case in jeopardy by going back to the country they ran from, regardless of what you think or what the attorney is telling you.

 

 Period. Full stop. End of story. 

an advice is a lot different than people just saying how much my family and I have “played” the system when they don’t even know one bit of what happened, every single case is different.

I came here to ask because when I first messaged my lawyer they said it would be too risky for me to go (my father and I have the same first name), right after that I got overwhelmed and wanted another opinion so I asked a question on here. After that I drove all the way to my lawyer’s office and asked the same question, they said they thought my father was the one messaging them that morning, he does not have a GC he still and has the asylum pending, but they all agreed that I should be fine to go back. I wasn’t threatened back then, but my parents were not going to leave a 19-year-old all by himself in a country while they were probably be in the US for most of their lives.

Edited July 9, 2022 by Vakcarcel

[EmilyW 1,434]

So your asylum case was fraudulent?  You were 19 at the time and an adult.  You were a party to a claim for asylum where you were not in danger?

 

OP, I want the best outcome for you, but everytime you post, sometime new and concerning is raised.

 

Enjoy the vacation. 

[Crazy Cat 41,845]

18 hours ago, Vakcarcel said:

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, 

HUH????????  This just doesn't make any sense at all!!!!!!  Immigration can ask you ANYTHING about your former status and the process you have followed......ANYTHING!!!!!

Edited July 9, 2022 by Crazy Cat

[Vakcarcel 10]

16 minutes ago, Crazy Cat said:

HUH????????  This just doesn't make any sense at all!!!!!!  Immigration can ask you ANYTHING about your former status and the process you have followed......ANYTHING!!!!!

Everyone that still don’t quite get my status, please take a read from the USCIS website.

https://www.uscis.gov/forms/explore-my-options/derivative-refugeeasylum-status-for-your-children
 

“Your child must meet the requirements for derivative refugee or asylee status. They are not required to have a persecution claim that would qualify them independently as an asylee or refugee; rather, they derive that status through their relationship to you.”

 

As a child the mean this 

 

• Meet the legal definition of “child,” including being under age 21, unmarried, and meeting any other requirements under the definition of “child” when you filed your asylum application or when you were interviewed for refugee status. (See INA section 101(b)(1).) There are specific requirements that apply to adopted children, stepchildren, and legitimated children;

I was 19 at the time, and my parents are the main applicant for this case, I was a Derivative in their process. I guess it is my fault for not being more detailed about the process.

[Redro 4,611]

55 minutes ago, Vakcarcel said:

Everyone that still don’t quite get my status, please take a read from the USCIS website.

https://www.uscis.gov/forms/explore-my-options/derivative-refugeeasylum-status-for-your-children
 

“Your child must meet the requirements for derivative refugee or asylee status. They are not required to have a persecution claim that would qualify them independently as an asylee or refugee; rather, they derive that status through their relationship to you.”

 

As a child the mean this 

 

• Meet the legal definition of “child,” including being under age 21, unmarried, and meeting any other requirements under the definition of “child” when you filed your asylum application or when you were interviewed for refugee status. (See INA section 101(b)(1).) There are specific requirements that apply to adopted children, stepchildren, and legitimated children;

I was 19 at the time, and my parents are the main applicant for this case, I was a Derivative in their process. I guess it is my fault for not being more detailed about the process.

some lawyers will tell you to be cautious and never go back to your home country

others will tell you going home is A OKAY because you're a derivative.

If you've paid attention to immigration policies over the last 10 years you're totally aware the rules can and do change.

Going back home might impact your parents' asylum claim or it can have no effect.

You need to discuss with your parents if you're willing to take the risk... 

No one can tell you what the climate will be after 3 years when you're (hopefully depending on processing times) a citizen. 

[Vakcarcel 10]

32 minutes ago, ROK2USA said:

some lawyers will tell you to be cautious and never go back to your home country

others will tell you going home is A OKAY because you're a derivative.

If you've paid attention to immigration policies over the last 10 years you're totally aware the rules can and do change.

Going back home might impact your parents' asylum claim or it can have no effect.

You need to discuss with your parents if you're willing to take the risk... 

No one can tell you what the climate will be after 3 years when you're (hopefully depending on processing times) a citizen. 

I agree with you, immigration processes keep changing over the years. However, Derivative asylees are not tested for credible fear of future persecution or past persecution or any other refugee standards. There is no legal basis for revoking their asylum status because they (derivative asylee) travel to the country of persecution of their primary beneficiary which is my dad. However, the safest answer will be travel after adjustment of status to a legal permanent or citizen  resident, which I already have.

 

I do understand you’re point of view though

Edited July 9, 2022 by Vakcarcel