Ocala, FL asked in Immigration Law for Florida

Q: Question about travel with a Green Card based on marriage and previous asylum (beneficiary) case.

I recently got a conditional green card based on marriage (been married to a US citizen less than 2 years). Before this, I was a beneficiary in my ex-husband’s asylum application, he was the primary applicant.

If I want to travel to my home country, will I have problems in the airport when I come back? I don’t know if me going back to my home country will be frowned upon by immigration officers because of the previous asylum case I was a derivative of, or if I would just let back in without problems.

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3 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: Yes it’s very problematic to travel to the perceived country of claim persecution being a beneficiary on Asylum case as it will raise a rebuttable presumption of immigration fraud and possibly will place your lawful permanent residency in jeopardy. I strongly advise against it.

Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: More details are needed to adequately answer this question. Since you were a derivative of your X-Husband's asylum application, it would be very important for an immigration attorney to review the statements/allegations made in your ex-husbands asylum petition and/or relative petition as well as your the conditions in your home country's now (vs. then). A paid consultation with an immigration attorney well experienced in asylum is the only way to get a meaningful answer. You can find an attorney at Justia.com, Avvo.com or AILA.org. Best wishes!

Kyndra L Mulder agrees with this answer

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Whether the advisory not to travel applies to you as a beneficiary depends on the facts of the claim.

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