Q & A July 18, 2004

Q & A 1. 2.

Q&A 1.

Dear Mr. Lee:

I have a friend who is an asylee who has already put in an I-485 application to adjust status. Now he is waiting for his green card. His passport is soon to be expired. He has heard that applying for passport renewal will affect the application for green card. But if none to be renewed, what could he do if he needs to travel out of the country or for anything else that requires him to show his passport. I am wondering is there any better way to solve the issue or any other forms of identification can be used as substitute?

Thank you in advance to you and the people at Immigration mail Box. As I will periodically read the immigration Q & A section of the World Journal, I expect to read for your answer.

Regards,
Reader Linda

Dear reader:

The individual who is attempting to adjust status on the basis of asylum must show that he/she still has a fear of returning to the country of persecution if the asylum was granted on a well-founded fear of persecution. Renewing the passport of the country of persecution is a basis for questioning the validity of that fear. Individuals who wish to travel outside the United States and are not barred by the 3/10 year bars of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) for being illegal in the United States for 180 days or one year respectively after April 1, 1997, can apply for a refugee travel document from the U.S.C.I.S.. Such application is submitted on form I-131 Application for Travel Document to the Nebraska Service Center of the agency.

Q&A 2.

Dear Mr. Alan Lee:

My sister and her family immigrated to the U.S. with her labor certification, and currently have obtained 10-year Green Cards. Her 4-year-old daughter was sent back to China recently, so she could be taken care of there.

Questions:

1. Is it too late if we apply the reentry permit for her now, since she will probably stay in China for more than one year?
2. What should we do if it is too late to apply for the reentry permit?

Li
Boston

Dear reader:

1. It is unfortunately too late to apply for reentry permit once the child has left the United States. Such an application is illegal.

2. In this circumstance, within the one-year maximum period allotted to individuals under the green card to re-enter the country, your sister or her husband or a trusted relative should bring the daughter back to the States.

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.