Legal Question in Immigration Law in Virginia

I am a legal permanent resident through derivative asylee status with my mom as the principal asylee. My great grandmother died about 2 weeks ago, in my homeland, Nepal. I had finals in college and my mom, as the principal asylee, could not go back. However I have winter break right now and I would like to go to Nepal for the rituals. Even though I missed the 13 days ritual, I can make it for the 30 day rituals. I would really like to go but like I said, I got my green card as a derivative asylee so I don't know what the law is about me going to my homeland.

Asked on 12/29/14, 12:24 pm

2 Answers from Attorneys

James Brown Brown Law Practice, PLLC

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If your mother's asylum claim did not include a claim of persecution (past or future) to you as a derivative, you should be able to travel to your homeland. However, you should not travel without an approved I-131. You should talk to an immigration attorney, preferably the attorney who represented your mother, to confirm that persecution to you was not an element of your mother's asylum claim, and to discuss applying for an I-131 before you leave the United States.

Answered on 12/29/14, 2:43 pm

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