Asylum 12 Months Question

A

AsylumSeeker

Registered Users (C)
We found an uninformed immigration attorney who didn't know about the 12 month deadline for filing for political asylum. We did not receive asylum after our interview and must be heard before a judge. We have good arguments for the untimely filing, but I fear that the case will be denied. There are good grounds for receiving the lesser "Withholding of Removal," but that carries no legal rights. Here are my questions:

1) Has anyone successfully won asylum even when filing after the 12 month deadline?
2) If the judge grants "withholding of removal" and not asylum, can a travel permit be granted while going after an appeal?
3) If an appeal is lost, will the status of "withholding of removal" wipe away an expired visa? In other words, can we leave and hope to return to the United States from a safe country on another visa without waiting for the 10 year ban?

Any help would be appreciated. Of course, we will be seeking better legal advice from an attorney. But any real experience would be nice. Thanks...
 
hi ...

hi. I applied asylum 2 years after my arrival in U.S .. simply because at that time I wasn't sure whether I can handle the situation where "I cannot see my siblings n parents for years" .. but then I decide to do it. I get my greencard on April 7, 2006. But the thing is, I have a unique case. The attacked that occur in my house take the same time with "other incident that happen around the city. It was like 2 places + my places and it is all about religious issues. So when they put it in the newspaper, it has my house information in it, including my parents name and my 1st bro name. So it is not difficult to prove my case is a genuine case because it went to newspaper and national TV. I applied the asylum 2 years after my arrival (the incident took place December 1999. I arrived in U.S January 2000. and apply for asylum May 2002). The officer didn't even asked "why do I apply the asylum LATE" .. why I didnt apply it once I get in here.

Even if they asked why .. I will firmly answered "I am in the phase where I try to made up my mind whether I want to stay in this country despite the fact that I won't be able to see my family for quite some time" ...

but yeah .. I am glad he didn't asked "why, I apply it late" .. coz I am not really sure that I pick the right answer. :eek:

but anyway .. juz give it a try .. u never know. if it is meant to be, it is meant to be :)

Goodluck and God Bless :)
 
AsylumSeeker said:
We found an uninformed immigration attorney who didn't know about the 12 month deadline for filing for political asylum. We did not receive asylum after our interview and must be heard before a judge. We have good arguments for the untimely filing, but I fear that the case will be denied. There are good grounds for receiving the lesser "Withholding of Removal," but that carries no legal rights. Here are my questions:

1) Has anyone successfully won asylum even when filing after the 12 month deadline?
2) If the judge grants "withholding of removal" and not asylum, can a travel permit be granted while going after an appeal?
3) If an appeal is lost, will the status of "withholding of removal" wipe away an expired visa? In other words, can we leave and hope to return to the United States from a safe country on another visa without waiting for the 10 year ban?

Any help would be appreciated. Of course, we will be seeking better legal advice from an attorney. But any real experience would be nice. Thanks...
Click to expand...


What was your status before you applied? I believe there is specific exemption if you were in legal status when you applied.

Personally, I applied 6 years after I arrived, and about 5 years of being illegal. That was in 1997. I was arrested by INS and went before a judge. There were no further questions.

I would strongly recommend that you engage a competent lawyer--if you want to stay here and win asylum, do-it-yourself is not the right strategy. Specify your location and ask for suggestions about experienced immigration/asylum lawyers here. It may not be cheap, but it will be worth it.

Good luck

Floyd
 
Last edited by a moderator:
yes that's right

yes, floyd is right. I forgot to mention that I was NEVER illegal in U.S. I came here on F1 student visa. so when I was applying asylum, I was still legal. and I am using a lawyer too. it's a bit expensive but convenient. He prepared all the paper work, all I have to do is just provide him with whatever that he need from me. Goodluck.
 
AsylumSeeker said:
We found an uninformed immigration attorney who didn't know about the 12 month deadline for filing for political asylum. We did not receive asylum after our interview and must be heard before a judge. We have good arguments for the untimely filing, but I fear that the case will be denied. There are good grounds for receiving the lesser "Withholding of Removal," but that carries no legal rights. Here are my questions:

1) Has anyone successfully won asylum even when filing after the 12 month deadline?
2) If the judge grants "withholding of removal" and not asylum, can a travel permit be granted while going after an appeal?
3) If an appeal is lost, will the status of "withholding of removal" wipe away an expired visa? In other words, can we leave and hope to return to the United States from a safe country on another visa without waiting for the 10 year ban?

Any help would be appreciated. Of course, we will be seeking better legal advice from an attorney. But any real experience would be nice. Thanks...
Click to expand...

1. Yes--You need a good attorney for this
2. No.
3. No. If you were illegaly before filing your asylum application, the later asylum or withholding grant does not wipe out the earlier illegal stay. But note that after you filed your I-589 the illegal period was tolled unless you worked without permission.
 
I am in need of help

My best friend applied for Asluym after one year of been in US. She went to the interview and few months latter she was denied and reffered to the judge this coming thursday the 27 th. She have spent $4000 for the lawyer at the first interview and she just want to do it herself and tell the judge she want to go home and request voluntary departure, She have already paid for the ticket for july.
What advice would the forum give to her and what should she tell the judge?
 
omg ..

$4000 ? that's a lot. I paid $3500 and the contract is until I get the greencard. so If asylee get denied that lawyer still have to company her to appeal the case and company her to the court. (and do all the paper work)
it depends how her agreement with her lawyer though. but $4000 and juz that's it when she lose the case .. she must've had a bad lawyer :(
 
Miss.PinK said:
$4000 ? that's a lot. I paid $3500 and the contract is until I get the greencard. so If asylee get denied that lawyer still have to company her to appeal the case and company her to the court. (and do all the paper work)
it depends how her agreement with her lawyer though. but $4000 and juz that's it when she lose the case .. she must've had a bad lawyer :(
Click to expand...

Either a bad lawyer or a weak case.
 
smartkid said:
My best friend applied for Asluym after one year of been in US. She went to the interview and few months latter she was denied and reffered to the judge this coming thursday the 27 th. She have spent $4000 for the lawyer at the first interview and she just want to do it herself and tell the judge she want to go home and request voluntary departure, She have already paid for the ticket for july.
What advice would the forum give to her and what should she tell the judge?
Click to expand...


She still needs legal representation to negotiate a voluntary departure. A formal deportation order has adverse long term consequences.
 
Thank you for your responses

Let's see. First of all, I am writing on behalf of my wife. She entered the US under a K1 (fiance visa) and did not marry this other man. When we married, her first year was almost up. I filed a preference petition, but she cannot transfer her visa to me or return to her home country. I found a lousy lawyer who did not know about the asylum one year rule, or at least did not tell us about it. We had the interview and it was referred to immigration court. We retained another lawyer and will now file a complaint about this bad lawyer and go with "ineffective counsel" as an argument about the one year deal. That should help us. The case is solid other than that, but the one year rule is difficult to get around, even if there are "extraodinary circumstances." Now, after talking with a load of lawyers and retaining a veteran, I understand that this process can take years if appeal is necessary. Ouch. And I see from many on this forum that it indeed takes time and money. The good news... the case is strong and my wife has some rights: She can have temporary work authorization, a driver's license, and permission to travel within the US. So, we can at least go to Hawaii or something like that. It's not fun being on Uncle Sam's outlaw list and barred from foreign travel, but there is hope that a green card will come some day. Thank you all for the input.
 
Success!!! We won our case at last and my wife has her asylum granted. What a long process, but definitely worth it in the end. We found the best lawyer, and he was even willing to travel to represent our case. For those of you in the San Francisco Bay Area, this guy is simply incredible: Christopher Kerosky (www.youradvocate.net). He was so kind, knowledgeable, and patient. And it doesn't hurt that he speaks decent Russian and Polish and has a large staff of supportive assistants and lawyers. We worked around the one year bar for filing the asylum application and are now on the road to a green card and citizenship. Thanks again for the input. Good luck!!!
 
AsylumSeeker said:
Success!!! We won our case at last and my wife has her asylum granted. What a long process, but definitely worth it in the end. We found the best lawyer, and he was even willing to travel to represent our case. For those of you in the San Francisco Bay Area, this guy is simply incredible: Christopher Kerosky (www.youradvocate.net). He was so kind, knowledgeable, and patient. And it doesn't hurt that he speaks decent Russian and Polish and has a large staff of supportive assistants and lawyers. We worked around the one year bar for filing the asylum application and are now on the road to a green card and citizenship. Thanks again for the input. Good luck!!!
Click to expand...

Congratulations! I know the feeling. I was out of status for 8 years and got my asylum this year. The one year rule nearly drowned my case also but I survived.
 
AsylumSeeker said:
Success!!! We won our case at last and my wife has her asylum granted. What a long process, but definitely worth it in the end. We found the best lawyer, and he was even willing to travel to represent our case. For those of you in the San Francisco Bay Area, this guy is simply incredible: Christopher Kerosky (www.youradvocate.net). He was so kind, knowledgeable, and patient. And it doesn't hurt that he speaks decent Russian and Polish and has a large staff of supportive assistants and lawyers. We worked around the one year bar for filing the asylum application and are now on the road to a green card and citizenship. Thanks again for the input. Good luck!!!
Click to expand...

Congratulations. I am so happy for you guys. Having a good attorney can make all the difference in the world. Some immigrants do not appreciate that. The money you spent on Mr. Kerosky will the among the wisest investments of your life. Good luck with everything.
 
thankful said:
Congratulations. I am so happy for you guys. Having a good attorney can make all the difference in the world. Some immigrants do not appreciate that. The money you spent on Mr. Kerosky will the among the wisest investments of your life. Good luck with everything.
Click to expand...

I also want to send my congratulations! My mother was out of status for several years before she even filed for asylum and on Oct. 5 she is about to become a US citizen when she goes for her oath ceremony. She received asylum in 1998. What a long road.
 
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