Announcement

Collapse
No announcement yet.

Is it possible to get a travel document approved for an Asylum Pending - EAD person in the US...!

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is it possible to get a travel document approved for an Asylum Pending - EAD person in the US...!

    Hi,
    I need to travel overseas for some urgent business need ...has anyone ever applied for travel document - just based on an asylum application pending (for over 10 years) with a valid EAD card...please reply.

  • #2
    Hi,
    I need to travel overseas for some urgent business need ...has anyone ever applied for travel document - just based on an asylum application pending (for over 10 years) with a valid EAD card...please reply.

    Comment


    • #3
      If you are travelling to our own country there is a chance your case be denied.Also on your way back into US they might not allow you in if you have spent 6 months or a year without any status. Make sure you don't have any deportation order against you by filing freedom of infromation form.
      I travelled in 1995 with this kind of document and was lucky to get back in,But post sep 11 era everything is changed. Its always good to consult an attorney before you leave with this kind of document. Good Luck

      Comment


      • #4
        The answer is no, you cannot get a refugee travel document, because you are not a refugee. Under US asylum law, this document is available only to persons who have been granted asylum or refugee status and therefore are recognized as "refugees" under the law.

        If you try to use EAD to reenter US, you will be denied entry. It is not a travel document or visa. And if you travel to country of claimed asylum, as the other responder said, you will likely be held to have abandoned your asylum appliation.

        If your asylum app has been pending over 10 years, it is also likely that your claim is now stale, meaning country conditions may have changed enough that you may no longer have a well founded fear -- depends on what country.

        If you need to travel, your only option is to ask for your asylum interview in the hopes you will be granted asylum. You should speak to an immigration attorney with asylum experience and knowledge of your particular country conditions before doing anything.

        Comment


        • #5
          Since you have an EAD based on your Asylum Application, you can apply for Advance Parole from the INS. But you will have show a convincing evidence that it is necessary for you to travel. Usually Immigrations give Advance parole for about 45 days.
          Please make sure that if you travel on Advance Parole, do not try to enter your own country against which you have applied Polical Asylum, if you will go to your country that will be abandonment of your Asylum Case or it will be denied at the time of interview.
          Good luck.

          Comment


          • #6
            As a practical matter INS rarely grants advance parole to asylum applicants. what is more likely is that an application for advance parole will result in the asylum file being scheduled for an interview, which will result in a Notice to Appear for Removal Proceedings (i.e. deportation hearing before a judge)if the asylum office does not grant asylum.

            Also, if you apply for AP and are granted, you cannot depart US if you have had even one day of employment without employment authorization since April 1, 1997. This is because a pending asylum application tolls unlawful presence, so that if you depart you can return again, but even one day of unlawful employment eliminates that tolling effect. If you depart after 6 months unlawful presence, you are barred for 3 years from being admissible to US, and if you depart after 1 year of unlawful presence, you are barred for 10 years. This would not affect you if you are ultimately granted asylum, but for any other immigration benefit for which you may be eligible, you may jeopardize everything if you leave on AP.

            Speak to an immigration attorney before you do anything.

            Comment

            Sorry, you are not authorized to view this page

            Home Page

            Immigration Daily

            Archives

            Processing times

            Immigration forms

            Discussion board

            Resources

            Blogs

            Twitter feed

            Immigrant Nation

            Attorney2Attorney

            CLE Workshops

            Immigration books

            Advertise on ILW

            EB-5

            移民日报

            About ILW.COM

            Connect to us

            Questions/Comments

            SUBSCRIBE

            Immigration Daily



            Working...
            X