Asylum denied... Left USA without appeal

A

ayoub16

New Member
I entered USA with a B1/B2 visa and got a stay for 6 months. I applied for asylum and was told that I can stay till my case is decided. My case was denied.

I got a letter telling me to leave USA within 33 days or appeal my case.

I did left within 15 days and my total visit was about a year and half.

Now I want to re enter USA with a non immigrant visa. I went to the council, they told me that I stayed for more than 6 months with a B1/B2 visa. How can I prove that I didn't break the immigration law and that i stayed there for my asylum case?

Or it's already illegal to apply for asylum and leave the country?

any one can help me?
 
ayoub16 said:
I entered USA with a B1/B2 visa and got a stay for 6 months. I applied for asylum and was told that I can stay till my case is decided. My case was denied.

I got a letter telling me to leave USA within 33 days or appeal my case.

I did left within 15 days and my total visit was about a year and half.

Now I want to re enter USA with a non immigrant visa. I went to the council, they told me that I stayed for more than 6 months with a B1/B2 visa. How can I prove that I didn't break the immigration law and that i stayed there for my asylum case?

Or it's already illegal to apply for asylum and leave the country?

any one can help me?
Click to expand...

ayoub16,
Within USA you can apply for Political Asylum while being legal or illegal.
If on the time of denial of your case you are still in status =>you can appeal or come back to your previous status,
BUT if on the time of denial your legal status expired and you didn't appeal (appeal would give you justified legal presence) => you are automatically illegal in the country.

If you have saved the airplane boarding pass and the letter stating that you should leave the country in a 33 days period, than you have prove that you have departed within a time frame and even early.
In a meantime, if you will show the letter -- stating that you have applied for political asylum in US and was denied -- in US Embassy (while applying for visa), most likely they will see in you a potential immigrant and deny your visa.

Good luck!
 
Last edited by a moderator:
opinion said:
ayoub16,
Within USA you can apply for Political Asylum while being legal or illegal.
If on the time of denial of your case you are still in status =>you can appeal or come back to your previous status,
BUT if on the time of denial your legal status expired and you didn't appeal (appeal would give you justified legal presence) => you are automatically illegal in the country.

If you have saved the airplane boarding pass and the letter stating that you should leave the country in a 33 days period, than you have prove that you have departed within a time frame and even early.
In a meantime, if you will show the letter -- stating that you have applied for political asylum in US and was denied -- in US Embassy (while applying for visa), most likely they will see in you a potential immigrant and deny your visa.

Good luck!
Click to expand...

What happened is exactly like this:
I entered with a B1/B2 visa in August 2002 and got a permission to stay till Feb 2003. (6 months)

I applied for an asylum in Jan 2003 (1 month before the 6 months period) and was told that i can stay till they decide my case.

The first interview was in January 2003 but I was not accepted. I went to the court which denied me in November 2003.(the 6 months permission already ended)

And once I get the letter telling me to appeal or leave I left US within 10 days.

So were I still in status or not?

And is it safe to tell the US embassy office that I had an asylum ?
 
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