HELP! Filing for asylum while on tempGC! Stupid idea?

C

chavesto75

Registered Users (C)
Hi, I already posted similar question here http://boards.immigration.com/showthread.php?t=283867

I got conditional GC via marriage and in this country I am less than a year yet. I would like to use all my chances rationally.

My marriage is going to be ended. I know that I can try to apply for removal of conditions later. But it is still uncertain, my spouse just decided to leave me that's it.

But now I have very little time left (1 year requrement) to apply for Asylum, if it works I can cancel my current GC I go to asylee status.

I cannot find any knowlegible enouth attorney to answer my questions. One say that USCIS will just reject your Asylum application since I am on Green Card. Second, says 1 year requirement is not applied to me since I am on "a long legal status" and can apply when my current legal status will end.- I did not find in INA Act anything reffering to it. Third says you can, "but it looks silly".

Can this Asylum application hurt my position anyhow? or if they even refuse it, I am not a subject to removal from the country since I have GC.
Will it hurt me if I apply later for removal of conditions myself?!

Please anyone who knowlegible give me some advise, or just give me logical answers. I am stressed.
Your input appreciated.
 
Mr. I don't think you should be able to apply for asylum while your greencard is valid. For you to apply for asylum, your greencard must first expire. Second, I think the best option for you before you screw up is to work with your current status. You have a conditional greencard now which is good. Either work with your wife until you get the condition is removed, which means comply with her demand as far as possible or work through the system. If the marriage ends at your no fault, the uscis may consider you to keep your greencard. I don't think it is good idea for you to go the asylum route. Stick to your current Green card, and make sure it works.
 
chavesto75 said:
Hi, I already posted similar question here http://boards.immigration.com/showthread.php?t=283867

I got conditional GC via marriage and in this country I am less than a year yet. I would like to use all my chances rationally.

My marriage is going to be ended. I know that I can try to apply for removal of conditions later. But it is still uncertain, my spouse just decided to leave me that's it.

But now I have very little time left (1 year requrement) to apply for Asylum, if it works I can cancel my current GC I go to asylee status.

I cannot find any knowlegible enouth attorney to answer my questions. One say that USCIS will just reject your Asylum application since I am on Green Card. Second, says 1 year requirement is not applied to me since I am on "a long legal status" and can apply when my current legal status will end.- I did not find in INA Act anything reffering to it. Third says you can, "but it looks silly".

Can this Asylum application hurt my position anyhow? or if they even refuse it, I am not a subject to removal from the country since I have GC.
Will it hurt me if I apply later for removal of conditions myself?!

Please anyone who knowlegible give me some advise, or just give me logical answers. I am stressed.
Your input appreciated.
Click to expand...


Right get a good attorney and if your spouse decided to leave you...thats not your fault. You can ask the conditions to be removed and they will judge if the marriage was based on good faith or not.

I personally know of a woman whoose husband hit her and she was on conditional, she got a divorce and was able to succesfully remove conditions since her marriage was valid at time of her entry in the u.s.a
 
wantmygcnow said:
Right get a good attorney and if your spouse decided to leave you...thats not your fault. You can ask the conditions to be removed and they will judge if the marriage was based on good faith or not.
Click to expand...
This is the problem, a good attorney! I dont know any. They all say that they the best. Basically I need a consultation to decide.

wantmygcnow said:
I personally know of a woman whoose husband hit her and she was on conditional, she got a divorce and was able to succesfully remove conditions since her marriage was valid at time of her entry in the u.s.a
Click to expand...


there was a direct physical abuse (you say she was hit), but we did not fight. Maximum I suffered is mental abuse.
 
faysal said:
Mr. I don't think you should be able to apply for asylum while your greencard is valid. For you to apply for asylum, your greencard must first expire. Second, I think the best option for you before you screw up is to work with your current status. You have a conditional greencard now which is good. Either work with your wife until you get the condition is removed, which means comply with her demand as far as possible or work through the system. If the marriage ends at your no fault, the uscis may consider you to keep your greencard. I don't think it is good idea for you to go the asylum route. Stick to your current Green card, and make sure it works.
Click to expand...

I feel the same, that doing extra moves the wrong way will screw it up. But my feelings is ones of not a professional, they based on feelings not on knowledge.
I also tried to read INA, but it was useless, I did not find anything new. I think that "attorney" just made up info that "if one in long legal status in the US, 1 year rule does not apply on them".
 
In my own opinion, you are just digging yourseld deeper into the ground. You already have a Conditional GC and why not concentrate on getting all of the documentation together so that you can successfully remove those conditions and move on with your life??? Im not even sure if you are eligible for asylum at this point, but if you can prove that your marriage was bonafide then you should be just fine. Did you submit your I-751 already? if not, i suggest that you do that, that way you can stay/travel/work here legally until they call you for an interview for your conditions to be removed (in my experience pretty much all of the divorce cases get called for an interview). So just as an expression of my own opinion, you should really look into the conditions removal process rather than seeking alternate route such as asylum.
 
You must log in or register to reply here.
Top