reapply

[kevindai]

can I reapply for asylum? I was rejected a year ago. I still maintain F1 status?

 

[dave_bj]

In theory you can. But you will need to demonstrate that there are changing circumstances in your native country that gives you new reasons to fear persecution if you were to return.
But I would recomend that you build a strong case for yourself before you put another application. If I were an immigration officer, I would be suspicious of anybody who applied more than once.
Try to understand the reasons why you were denied last year and learn from it. Consider hiring an experienced lawyer.

 

[Raziel]

If I were an immigration officer, I would be suspicious of anybody who applied more than once.

What triggers the speciosity?

 

[dave_bj]

What triggers the speciosity?

He may look like someone who is trying by any means to change his status rather than someone who really has a fear of persecution.
I am NOT trying to predict what his outcome will be or accuse him of anything. I am just saying that, if I were an Asylum officer, I would closely watch someone who applies for the 2nd or 3rd time. It just seems to me that your case can lose its credibility every additional time you apply. But I could be wrong.

 

[Triple Citizen]

I agree with your thinking, specially if the re-applicant happens to be from a country where asylum fraud is prevalent.

I am just saying that, if I were an Asylum officer, I would closely watch someone who applies for the 2nd or 3rd time.

 

[Raziel]

Well, I respect your analysis, and it might be what will happen, but if I were an asylum officer, I would suspect that he is only trying to change his immigration status or taking advantage from the first asylum attempt.

Getting into the second application and its hassle will make me more lean and sympathetic with the applicant "of course with the existence of suffecient proof that he is perscuted"

I think I will not be a good Asylum Officer

 

[thankful]

They will not accept a second application unless you can demonstrate changed circumstances.

 

[kevindai]

Can I reopen my old case then? I can also demonstrate changed circumstances. If possible, reopening my case is better or reapplying is better?

 

[dave_bj]

And how are you going to "reopen your case"?

 

[tributeblinky]

i think he can revert back to his old asylum application if he fell out of status. he will be referred to immigration judge and the old application will restart.

or he can start a fresh one, but file it based on the previous merits, but include the change in circumstances.