Application for H3 Denied, can I apply for political asylum

athe_22

Registered Users (C)
Hi I´m from Venezuela, When I first came to USA came with a J1, before my J1 expired I applied for a change of status to a H3, and the petition was denied!!! Now I´m in unlawfull presence, but I want to know if I can apply for political asylum here in USA, my last entry was in october 2006. Any information will be very helpfull!!!!!! Thanks!
 
Hi I´m from Venezuela, When I first came to USA came with a J1, before my J1 expired I applied for a change of status to a H3, and the petition was denied!!! Now I´m in unlawfull presence, but I want to know if I can apply for political asylum here in USA, my last entry was in october 2006. Any information will be very helpfull!!!!!! Thanks!

First, you need to know that political asylum in the USA is not a joke nor a game... YOU MUST HAVE CREDIBLE fear of persecution and your life be in danger if you are to return to Venezuela. In addition, you will have to convince the immigration officer that will interview you about your fear of persecution and perhaps convince an immigration judge too... Not because USCIS denied you a visa to stay legaly in the US, you are now want to apply for asylum, just for the fact that you want to stay here...

Saying so... if you have been persecuted and your life is in danger if you are to return to Venezuela, AND you have been in the US less than a year... you can talk to a lawyer and tell him your detailed case/story and see if BASED ON THOSE FACTS you are elegible for asylum....
The fact that you are a Venezuelan citizen and that your President dislike the US doesnt give you greater chances of obtaining asylum... it has to be in specific facts about you and your life...

Good luck... and seek legal advice the soon as possible if you meet the asylum criteria before a year pass...
 
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Thank you so much!!!!!!!! The reason why I don´t want to go back is because I had a real bad exprerience from my last visit to my country. When I left in October 2006 I already was Applying for H3, so I did not saw neccesary to file political asylum at that time.
 
Mr/s…Political asylum is an predictable. The best way to get answer is to file an asylum application and see what the asylum officer has to say. As the previous member stated, it not a good reason for asylum because you just want stay here…what you need is a solid case of real persecution.

I think what you should do first is talk to a friends or make search of people with similar experience. Are there people from Venezuela, who were granted asylum and on bases? From this question you can build a case. In my opinion, I think because there is growing tension between Venezuela and the US the asylum office might be sympathetic to your case. So consult with a lawyer and make your case. There is real danger that may stem from you being illegal in the country. For example, the asylum office my arrest you at the spot. I don’t really know how that works but it is something you should consider as you try to file for asylum.

Finally, I hope you succeed in your pursuit of asylum…and I hope other members will give invaluable advice…
 
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