Q: I’m an asylee, can I return to my home country and then come back to the US with an H1B or F1 visa?
I became an asylee in March 2022. Applied for AOS in Feb 2024. Still waiting. I’m here alone, no family. I miss my family and I have come to decide that I can no longer wait (it’s already been 4 years) to see my family. I want to be a non immigrant in the US. I do not want to reside permanently, just study and/work.
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A:
This is a complex situation with potentially serious legal implications. While I can provide some general information, it's crucial that you consult with an experienced immigration attorney before taking any action. Here are some key points to consider:
1. Returning to your home country:
As an asylee, returning to your home country could jeopardize your asylum status. It may be interpreted as evidence that you no longer fear persecution, which was the basis for granting asylum.
2. Abandoning asylum status:
If you choose to return to your home country, you may be considered to have abandoned your asylum status and your pending adjustment of status application.
3. Applying for non-immigrant visas:
Applying for H-1B or F-1 visas after having been granted asylum can be complicated. These are non-immigrant visas, and you would need to demonstrate non-immigrant intent, which can be challenging given your asylum history.
4. Consular processing:
If you leave the U.S., you would need to apply for these visas at a U.S. consulate abroad. Your asylum history may complicate this process.
5. Potential bars to re-entry:
Depending on how you entered the U.S. initially and other factors, you might face bars to re-entry if you leave.
6. Impact on future immigration benefits:
This decision could affect your eligibility for future immigration benefits in the U.S.
Given the complexity and potential risks involved, it's strongly recommended that you:
1. Consult with an experienced immigration attorney who can review your specific case details.
2. Explore alternative options, such as applying for a Refugee Travel Document to travel to a third country to meet your family.
3. Consider the long-term implications of your decision on your immigration status and future in the U.S.
Remember, immigration law is complex and case-specific. An immigration attorney can provide personalized advice based on your unique situation and help you understand all available options.
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