ExpertLaw.com Forums

Entering the USA Without Refugee Travel Documents

Printable View

  • 04-07-2013, 10:42 AM
    alena
    Entering the USA Without Refugee Travel Documents
    I'm asylum holder & I just married a US citizen(3 months ago). we left the country to travel, 3 months before that I applied for a refuge travel document & still didn't get it. left USA thinking I had plenty of time to get refuge travel document. My husband and I are supposed to return back to US in 11 days & I don't know if I will be allowed to enter USA with only marriage certificate & asylum stated on I94, without refuge travel document? Please help... If anyone had similar case or answer...
  • 04-09-2013, 07:57 AM
    Mr. Knowitall
    Re: Entering the USA Without Refugee Travel Documents
    The USCIS lays things out here:

    If you are an asylee and returned to your nation of origin:
    Quote:

    Quoting What Happens if a Asylee Returns to the Nation From Which She Seeks Protection
    If you are an asylee who applied for asylum on or after April 1, 1997, then your asylum status may be terminated if you return to the country from which you were seeking protection See the “Fact Sheet: Traveling Outside the United States as an Asylum Applicant, an Asylee, or Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status” to the right for more information.

    Whether a refugee or asylee, if you accrued unlawful presence:
    Quote:

    Quoting Refugee Travel After Unlawful U.S. Presence
    If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. For more information please see Section 212(a)(9) of the Immigration and Nationality Act (INA).

    Beyond that, it's going to turn on the discretion of the immigration officer at your port of entry:
    Quote:

    Quoting Refugee or Asylee Travel Without Travel Documents
    If you hold refugee or asylee status and are not a permanent resident, you must have a refugee travel document to return to the United States.

    Derivative asylees and refugees must also obtain a refugee travel document before leaving the United States.

    If you do not obtain a refugee travel document in advance of departure, you may be unable to re-enter the United States, or you may be placed in removal proceedings before an immigration judge.

    I strongly suggest consulting an immigration lawyer with the specifics of your case.
All times are GMT -7. The time now is 12:44 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved