Applying asylum while in illegal status

S

slim215

Registered Users (C)
Hi all,
I know that despite our immigration status (legal or illegal) we can apply for political asylum, but the following if my situation and question. I was working under H1B visa up until two days ago and then I quit, so I currently not under H1B anymore (even though I currently looking for a new job). I wanted to apply asylum from 3 months ago, but it needs time to preparing for documents which have just arrive at home today. So I'm ready to send my asylum application, but I'm no longer under H1B. I was told that it's OK for someone who has H1B to apply for asylum, so I'm not worried about that. What I'm worried about is the fact that I'll have to apply for asylum while I'm no longer an H1B. Is this something that I should be worried? I'm afraid that during the interview they might be thinking that asylum is not something that I'm really looking for but asylum is just a tool for me to be able to keep staying in the US and therefore they will reject my application. Any advice will be greatly appreciated.
 
slim215 said:
Hi all,
I know that despite our immigration status (legal or illegal) we can apply for political asylum, but the following if my situation and question. I was working under H1B visa up until two days ago and then I quit, so I currently not under H1B anymore (even though I currently looking for a new job). I wanted to apply asylum from 3 months ago, but it needs time to preparing for documents which have just arrive at home today. So I'm ready to send my asylum application, but I'm no longer under H1B. I was told that it's OK for someone who has H1B to apply for asylum, so I'm not worried about that. What I'm worried about is the fact that I'll have to apply for asylum while I'm no longer an H1B. Is this something that I should be worried? I'm afraid that during the interview they might be thinking that asylum is not something that I'm really looking for but asylum is just a tool for me to be able to keep staying in the US and therefore they will reject my application. Any advice will be greatly appreciated.
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Being illegal and applying for asylum is OK (most applicants would match that description). Being in H1 status removes the requirement for applying within 1 year of arriving in the USA, but now that you dont have the status, I am not sure when the 1-year clock started ticking for you.

And of course, by giving up your H-1, you made yourself deportable in case your asylum is denied.

I hope you have a GOOD lawyer. If not, get one.

Good luck.

Javed
 
I think the one year requirement still applies to you, regardless of your current status. I say this because I entered the country as an F-1 student, and still the one year requirement got my case referred to an IJ directly.

You don't "need" a lawyer to file a asylum application, in fact, I did it all by myself and only hired a lawyer when the IJ would not see me in court without one. But depending upon specific circumstances, and good solid your case is, it is advisable for you to at least talk to a couple of them.

Good luck !
 
Hi Slim215

I was on H1 when I applied for my asylum, but unlike you, I was still on H1, so my situation was a little bit different. The question is how long have you been in the US? Has it been more than a year? If yes, have you travelled oustide the US with the last year? I think they count the one year since you last came in the US, so if you had tavelled (even to Canada), let say 9 months ago, I think it's OK.

The other thing is if you can prove that the situation in your COP changed since you have been here and that's the reason you can't go back, you will be OK. I had been in the US legally for 6 years when I applied for asylum and it was OK. I was not sent to court and my asylum was approved without a problem. The main thing is being able to prove that the situation changed in your COP and that you can't go back. I told the IO that I never had the intention to stay in the US until the situation in my COP changed and that I can't go back anymore!

Also, I never hired a lawyer for my asylum case. If you feel comfortable working on your case, you shouldn't spend all that money. I know a lot of people who had lawyers, but they were still denied. I had help from an organization that consisted of people from my country, who knew the situation in my COP and the INS procedures. They helped me gather documents that supported my case, that's all. If you can find an organization like that, I think it will be enough (but again this is only my opinion). If you really fear to go back because of persecution in your country, I am sure you won't have a problem convincing the IO. Good luck!
 
You may still be legal depending on what is on your current 1-94. Remember that things changed since the "portability of H-1B status" came into law
I was on my second year extension of H-1b when I applied and was granted asylum
 
I was on H1 when I applied(and had F1 prior to that), but unlike you I was still on H1 and had not quit at the time I applied, so my case did not need to go to IJ. I am assuming you have been here longer than 1 year since otherwise you would not have been asking this question. Your case will most likely go to IJ(almost all cases that are questionable in regards to eligibility issues go to IJ) , so you may as well start shopping for a lawyer for proper and thorough presentation. Like I said to another poster a few days ago, this is your future/life you are talking about so this is one of those few times in your life that hiring a laywer is good investment and not something you will regret because if you get denied with a lawyer you can tell yourself you tried your best but if you do it youself and get denied by IJ, you will regret that you did not get a lawyer. Asylum interview is not like I485 application where you fill out a bunch of forms; the success of interview and the quality of presentation can gain a lot from an experience of an attorney. Attorney is not a guarantee to win a case, but unless you have support from an organization like MTGrl mentioned, a case like this would benefit from the help of a lawyer because you have some explanation to do. Try to find the least regrettable solution for yourself....for your future. Good luck.
 
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Thank you all for your input. For clarification, I'm staying in the US since year 2000. So I'm aware of the situation. My concern is the fact that I will apply for asylum when I no longer an H1B. I am guessing that during the interview the officer will ask me why am I waiting until I no longer under H1B to then apply for asylum? Also, assuming that I have to face a removal proceeding, what are my chances? Am I will most likely be deported? Also by reading your input, I get a conclusion that if we apply for asylum while we are illegal then we have to face IJ regardles they approve or not approve our application. Is this correct? Thanks guys!
 
No, you do not have to face the IJ if you are approved after the interview, but what I said was it is most likely your case will be transferred to an IJ after the interview, as cases like this where one does not fit the eligibility requirements most often does not get approved after the intreview and gets to see the IJ. But I did not say "for sure", I said "most likely", which is why investing in a lawyer now or getting help from organizations like MTGrl mentioned that may help asylees from your country may be helpful. And also some lawyers do have some weight in the asylm office, so cases like this may benefit from a seasoned lawyer, but like I said regardless of whether you get a lawyer now or not, the likelihood of your case being transferred to an IJ is very high and when it gets transferred to a IJ, you will definitely need a lawyer, so eventually you may need to get a lawyer which is why I said you might as well start shopping for one now. That said I do not see an IJ denying your case, so I feel that with good representation at court you will most likely get your asylum, so do not feel hopeless or worry about deportation yet.
 
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slim215 said:
Thank you all for your input. For clarification, I'm staying in the US since year 2000. So I'm aware of the situation. My concern is the fact that I will apply for asylum when I no longer an H1B. I am guessing that during the interview the officer will ask me why am I waiting until I no longer under H1B to then apply for asylum? Also, assuming that I have to face a removal proceeding, what are my chances? Am I will most likely be deported? Also by reading your input, I get a conclusion that if we apply for asylum while we are illegal then we have to face IJ regardles they approve or not approve our application. Is this correct? Thanks guys!
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I was on H1B when I applied for Asylum. The Asylum officer who interview me asked why I did not apply for green card thru my employer. My asylum was granted by the asylum officer, and I did not need to go thru IJ. You raised a valid question. Be prepared to asnwer why you did not apply for asylum when you first entered the US or while you were still on H1B visa.

If I were you, I will find a good lawyer if it does not cause financial hardship on you. At least, you can setup an initial consulation with a lawyer to see if you have a strong case. This service usually costs around $50 to $100. Or you can also find someone who can represent you for free or minimal fee. Good law schools usually provide such service.
 
MGTgrl said:
Hi Slim215

I was on H1 when I applied for my asylum, but unlike you, I was still on H1, so my situation was a little bit different. The question is how long have you been in the US? Has it been more than a year? If yes, have you travelled oustide the US with the last year? I think they count the one year since you last came in the US, so if you had tavelled (even to Canada), let say 9 months ago, I think it's OK.

The other thing is if you can prove that the situation in your COP changed since you have been here and that's the reason you can't go back, you will be OK. I had been in the US legally for 6 years when I applied for asylum and it was OK. I was not sent to court and my asylum was approved without a problem. The main thing is being able to prove that the situation changed in your COP and that you can't go back. I told the IO that I never had the intention to stay in the US until the situation in my COP changed and that I can't go back anymore!

Also, I never hired a lawyer for my asylum case. If you feel comfortable working on your case, you shouldn't spend all that money. I know a lot of people who had lawyers, but they were still denied. I had help from an organization that consisted of people from my country, who knew the situation in my COP and the INS procedures. They helped me gather documents that supported my case, that's all. If you can find an organization like that, I think it will be enough (but again this is only my opinion). If you really fear to go back because of persecution in your country, I am sure you won't have a problem convincing the IO. Good luck!
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you dont need a lawyer if you are from iraq or afghanistan :)
 
To Slim215

Please don't worry about anything at all. I got here in 1998 on an F-1 visa, but decided to apply for asylum in 2002 regardless of that 1 yr timeline. And the INS officer did not even ask me why I didn't apply for asylum the first time I got here. I wasn't reffered to a judge, but I was asked to send more evidence instead. Good luck.

Thanks,
Noma
 
Thanks guys for your input. I just have one more question. Is it a good idea to hire a lawyer only when I need it? When I have to meet IJ, for example. I know one lawyer in NYC who is charging $1,700 and will charge another $1,700 if we have to face the removal proceeding, and since I most likely will have to meet the IJ then it means I most likely will spend $3,400. The question is, does hiring lawyer only when I have to go to immigration court will be a disadvantage for me? Anyone will similar experience?
 
slim215 said:
Thanks guys for your input. I just have one more question. Is it a good idea to hire a lawyer only when I need it? When I have to meet IJ, for example. I know one lawyer in NYC who is charging $1,700 and will charge another $1,700 if we have to face the removal proceeding, and since I most likely will have to meet the IJ then it means I most likely will spend $3,400. The question is, does hiring lawyer only when I have to go to immigration court will be a disadvantage for me? Anyone will similar experience?
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u must hire lawyer from the begining of your case .otherwise u might mess up your case so badly that none of the lawyers will be able to help you in court.$3400 is nothing man. it is cheap
if you dont have money just wait and save money to hire a lawyer.believe me it will be very crazy if you do it by yourself. ;)
 
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slim215 said:
Thanks guys for your input. I just have one more question. Is it a good idea to hire a lawyer only when I need it? When I have to meet IJ, for example. I know one lawyer in NYC who is charging $1,700 and will charge another $1,700 if we have to face the removal proceeding, and since I most likely will have to meet the IJ then it means I most likely will spend $3,400. The question is, does hiring lawyer only when I have to go to immigration court will be a disadvantage for me? Anyone will similar experience?
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Slim215,

I don't know why you think you will face IJ. If your get your asylum approved the first time, you would not need to see IJ at all.

I came to the US in 1998 under F1 and applied for asylum in 2002 when I was on an H1B. The one year limitation did not apply to me. Both my lawyer and the asylum officer told me that I only had one shot becuase of my status at that time. I would not be refer to IJ if I did not get approve from the asylum officer.

Your case is a bit different. I don't know if you still consider legal or not. I thought you would have a short period of time to look for another employer to sponsor you before you lose your legal status.

If I were you I will definately hire a lawyer to represent you. At a minimum, you should talk to a lawyer to find out if you have a good case and if the one year limitation applies to you. Immigration issue is very complicated, you should take it very seriously.

Becuase you currently don't have an income, you might be qualified for free counseling service or for mimium fee from some law schools.

Good luck to you.
 
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cchong said:
Slim215,

I don't know why you think you will face IJ. If your get your asylum approved the first time, you would not need to see IJ at all.

I came to the US in 1998 under F1 and applied for asylum in 2002 when I was on an H1B. The one year limitation did not apply to me. Both my lawyer and the asylum officer told me that I only had one shot becuase of my status at that time. I would not be refer to IJ if I did not get approve from the asylum officer.

Your case is a bit different. I don't know if you still consider legal or not. I thought you would have a short period of time to look for another employer to sponsor you before you lose your legal status.

If I were you I will definately hire a lawyer to represent you. At a minimum, you should talk to a lawyer to find out if you have a good case and if the one year limitation applies to you. Immigration issue is very complicated, you should take it very seriously.

Becuase you currently don't have an income, you might be qualified for free counseling service or for mimium fee from some law schools.

Good luck to you.
Click to expand...
1 year limitation enforced strictly nowdays.
 
I don't know why you think you will face IJ. If your get your asylum approved the first time, you would not need to see IJ at all.
Click to expand...

He knows that. It is explained to him in previous posts. No case is transferred to IJ without denial after the interview.First interview; if it is not approved , then it goes to IJ. What I said was in his case it is most likely (which does not mean "definitely" ) his case may be transferred to an IJ, by that I meant the interviewing officer may reject it and send it to the IJ. Of course still there is a chance his case may be approved with just the interview without it ever going to the IJ, which is why a help from a lawyer may be beneficial.
 
clotty said:
He knows that. It is explained to him in previous posts. No case is transferred to IJ without denial after the interview.First interview; if it is not approved , then it goes to IJ. What I said was in his case it is most likely (which does not mean "definitely" ) his case may be transferred to an IJ, by that I meant the interviewing officer may reject it and send it to the IJ. Of course still there is a chance his case may be approved with just the interview without it ever going to the IJ, which is why a help from a lawyer may be beneficial.
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Clotty,

You misunderstood me. If I understand it correctly, if one is still in legal status, his or her case will not go to IJ if the ayslum application is denied by the asylum office.

When I interviewed with my asylum officer, she told me that my case will not go to IJ becuase I was legal (on an H1B) if my case is denied. My lawyer told me the same thing when I first filled for my application. I might misunderstood them completely. It does not really matter to me at point becuase I already granted an asylum.

The reason I bought that up is that he mighty still consider as legal although he is no longer working for the sponsored employer. I thought there will be a grace period. I am not in anyway trying to be an expert. I am just trying to be helpful. And I am not a lawyer, maybe someone can verify that. I will not comment more on this.
 
cchong said:
Clotty,

You misunderstood me. If I understand it correctly, if one is still in legal status, his or her case will not go to IJ if the ayslum application is denied by the asylum office.

When I interviewed with my asylum officer, she told me that my case will not go to IJ becuase I was legal (on an H1B) if my case is denied. My lawyer told me the same thing when I first filled for my application. I might misunderstood them completely. It does not really matter to me at point becuase I already granted an asylum.

The reason I bought that up is that he mighty still consider as legal although he is no longer working for the sponsored employer. I thought there will be a grace period. I am not in anyway trying to be an expert. I am just trying to be helpful. And I am not a lawyer, maybe someone can verify that. I will not comment more on this.
Click to expand...

The grace period for H1-B as far as I know is about a month. I am guessing the poster was in illegal status and past his grace period when he applied for asylum, but I am not sure since I do not know the details of his case. Either way I am sure he will be all right. Most people here(including you and me) advised him to get an attorney and he may end up getting one. Edited to add: Just reread his first post and noticed he quit only two days ago so yeah he can take advantage of the grace period I guess.
 
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clotty & cchong,
i have read the instruction from uscis about applying asylum and it's true that if we are in legal status and uscis denied our application then we don't have to face the removal proceeding/IJ, we can start the process of appealing the application. but if we are in illegal status and uscis denied our application then we have to face IJ to determined if we have to be deported from the country. i'm planning to meet with a lawyer in nyc for initial consultation. anybody knows other good lawyer in nyc or boston (i actually live in boston)?
 
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