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.
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.