Asylum Question

W

wantmygcnow

Volunteer Moderator
My uncle got denied for Asylum and I guess would be deported now. The judge/officer said everything about his application was correct but the fact that he can't show how he entered U.S, thats why they are denying his application.

How can they deport him if upon his entry his life is in danger again? I am sure most of the asylum applicants come on Fake documents and through smugglers. Was there a new law passed that has done this?

Any help would be appreciatedand if anyoen has gone through this ordeal, please help me sort his problems.

Thanks.
 
without knowing all the details but it is my understanding that your uncle should still be able to file an appeal against deportation.

Did you uncle applied for asylum with some legal help or did he do it on his own? I am realizing now that good legal consultation is an absolute must in the current environment ...

When I consulted lawyer he told me that for asylum cases a legal entry is not required... I do hope if someone is a judge then they should be aware of this legality .....
 
My uncle has a great lawyer. During the interview, the officer said I see your asylum claim but because of the new rules put in 1997, I can't give you asylum because of I dont know when you entered u.s My uncle simply said how could i support myself if i had been living her ein the u.s for long..Anyways I and others also gave our affadavits..they rejected it and denied his asylum.

The judge without any rebuttal just simply said "failure to obey lawful entry in the u.s"....What dont i undestand about U.S laws is that thye say "You should've gotten a visa"..Ok let me see ther eis nO U.S embasy where he was, how the hell can he get a visa..

His final appeal was also denied...Whats next for him? Any suggestions?
 
People denied asylum solely because of the one year deadline requirement are eligible for withholding of removal, which gives one the permission to remain and work in the United States on a temporary basis.
 
Hi
Same thing that I am doing right now ,I am ,going through same thing for 16 y's
You can file for motion to reopen,and if that don't go through
you have to file for federal court,many $$$ and you need spetial attorney for that .And don't let time expire he got only 30 days to filem and he need to file for stay from District ,so he can stay and have EAD card .
I read in somwher that people who or long time in country and have no police record, have right for one more hearing .
Good luck.How long is he in US ??
care to much
 
Welll he did fullfill the one year deadline. He got in 1997 and applied in 1998. He third appeal was also denied..So now he is just waiting to get a letter to appear for deportation..The country where is he going to go isn't safe yet and amnesty intl and human rights group have still called it unsafe..

To apply for the supreme court, it costs 30 grand..Thats lot of money which he can't afford. Hopefully his case can be reopened.
 
So sorry to hear that .So he filed ,
1.Appeal to IJ,
2.Motion to reopen,
3. Federal appeal ??
After he get's letter for deportation (I believe thay will let him stay ) he will get's one more hearing.
I wish you good luck.
Please I would appreciate if you keep us posted.
I would really like to know what happened.
care2much
 
Originally posted by Gilbert
People denied asylum solely because of the one year deadline requirement are eligible for withholding of removal, which gives one the permission to remain and work in the United States on a temporary basis.
Click to expand...


Is this what I-602 is about? To make an appeal if the BCIS denies your request for Refugee or Asylee status because the applicant didn't file for asylum within 1yr etc.
 
No, the I-602 is used to ask the BCIS to excuse certain conduct or conditions DURING THE ADJUSTMENT OF STATUS PROCESS AFTER HAVING WON ASYLUM.

Above I was talking about withholding of removal, an immigration benefit distinct from asylum. People who face persecution in their countries are eligible for W/R. It does not have the advantages of asylum. You just can get a EAD every year until conditions are safe enough to permit your return. It will not lead to a green card.

In short, people denied asylum solely because the 1-year deadline solely will not be deported. They will be given a less desirable immigration status.
 
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