Asylum or No Asylum..Need some counselling guys!

A

Againstallodds

Registered Users (C)
Thanks guys for the reply. I'm going to pester you just a little more.
I have a few specific questions and would appreciate your advice:

1) I read that once you apply for Asylum, you previous visa status is kept on hold. In my case that is F1. While the decision is pending, can I continue to attend college, take classes, work on campus as long I am on status?

2) If I am referred to judge, can I continue to attend classes till his ruling? Provided I am in status all through.

3) Do I need to inform my College that I have applied for Asylum? (I don't want to)

4) If I can't attend college or take classes and the decision takes a long time (In one post, I read, it took 1 yr and 3 months for USCIS to get back!)...what are my options? Just hang around in the US without studying or working?

5) If my Asylum application is denied, can I be deported even if I am in valid status?

6) And finally, if my Asylum appeal is denied and I go back to my F1 status...will this have any bearing, if and when an employer tries to sponsor me for a H1 visa after my college?

BASICALLY I WANT TO KNOW...SHOULD I APPLY FOR ASYLUM AT ALL OR QUIETLY DO COLLEGE, OPT AND TRY FOR H1 NORMALLY?
(I do have a case for Asylum though)

I would be really grateful for your advice to all these questions. Simply and brief answers will do.
 
1. yes
2. yes
3. you don't need to, even if for any reason you told them , they will not do any action against you.
4. you can hang around or you can work, remeber that you can get EAD after 150 days pending days for the case. this EAD will let you work at any employee "not only in campus".
5. No and yes, usually no but if you leave college or commit a crime... then yes.
6. No
 
Raziel said:
1. yes
2. yes
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1. The visa is not on hold! He would have to continue to take 12+ credit hours in order to keep the F1 status.

2. If still in F1 status when asylum is denied(if denied) he won't be referred to IJ
 
RB_ME said:
1. The visa is not on hold! He would have to continue to take 12+ credit hours in order to keep the F1 status.

2. If still in F1 status when asylum is denied(if denied) he won't be referred to IJ
Click to expand...

It was only an answer to his questions assuming the scenarios he provided...

his first question:
1. can I continue to attend college
Click to expand...

answer: yes !

2. can I continue to attend classes till his ruling?
Click to expand...

Answer: yes...

and you will not be referred to IJ since you have a valid status.
 
Raziel and RB_ME...Thanks a lot for your advice. Experience speaks!
Uncle Joe, my reason for seeking Asylum is political.

So I guess this means that I could try for Asylum and if it is denied, I still have a shot at getting a Green Card through the H1 process.

Just curious...when you go for the interview with IO, can you carry evidence to support your claim in form of Newspaper cuttings, Audio and Video Clips?
If not, how else can you substantiate that you are being harassed or persecuted?
 
Hi Against all odds,

I was granted asylum exactly 1 month ago and i was on a student visa previously.

I STRONGLY suggest you get a lawyer. I SHOULD not be more than 3k ( which is what i paid)

do u have IM ?
 
Againstallodds said:
Just curious...when you go for the interview with IO, can you carry evidence to support your claim in form of Newspaper cuttings, Audio and Video Clips?
If not, how else can you substantiate that you are being harassed or persecuted?
Click to expand...

Newspapers will be more than enough and the case will be very strong if your name appears in it. Keep in mind that the initial decison might take weeks, months, or even years and you have to be mentally able to handle all the stress and pain associated with the asylum process. If your COP country wants to persecute you, then you should be able to fight for your case no matter what and I am sure that IO will not deny you if your COP governmant is after you and wants to persecute you.
 
bafoussam said:
Assylum, how can you be so sure???
Be aware of misleading infos please.
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Good advice...

as a rule in any case, asylum or whatever case, the more evidence = the more strong the case would be, that is logic.

newspapers are evidence, but they are not a joker card, they will not be a magic factor to win a case. so don't depend on them alone, try providing whatever supports your case "newspaper copies, Videos, affidavits, articles... etc... this is what will the IO look at and he will decide your case upon that.
 
Thanks Assylum, Raziel and Carlitost. I'm grateful for your prompt replies.

Assylum- What do you mean the case could take years? The initial decision to grant asylum or deny it takes around 6/7 months if I know my facts correct. Are you talking about the time taken for rebuttal and and ruling by judge?

Carlitost. I'm on yahoo. Would love to hear your experience and get some advice. Are u on it?

But to all of you...Do you need a lawyer? I have seen many posts here where people say you can easily manage without a lawyer for the initial Asylum Interview. What does everyone think?
 
initial decision "usually" takes 3 weeks - 2 months....

A lawyeris very recommended in asylum cases
 
Againstallodds, If you have a real case--i mean by that a real fear of returning to your cop--then you can do the initial phase (The non adversarial part with the USCIS) without a lawyer. But If you are packaging lies to abuse the system, then you need to give $5000.00 to a lawyer to help you make this up.
 
bafoussam said:
Assylum, how can you be so sure???
Be aware of misleading infos please.
Click to expand...

What I ment is that if his COP govenment is officially searching for him (for example, issued an arrest order/warrant) or something like that, then he/she will have a strong case. This is why I said I am sure that IO will not reject the case because the applicant has 100% chance that he/she will be in jail and persecuted if he/she goes back.
 
Againstallodds said:
Thanks Assylum, Raziel and Carlitost. I'm grateful for your prompt replies.

Assylum- What do you mean the case could take years? The initial decision to grant asylum or deny it takes around 6/7 months if I know my facts correct. Are you talking about the time taken for rebuttal and and ruling by judge?
Click to expand...

If you keep searching this forum, you will find some members got the decision after 2 weeks, some after few months, some after 1 year, and there is one member who has been waiting for the initial decision for almost 3 years. This is why I said you should be able mentally to wait and handle all the stress and pain. You might get it in 2 weeks, 2 months. God only knows when.
 
Thanks Assylum and Raziel. I guess that means I 'll have to take a lawyer's services. Anyone is particular you know (or know off) or would care to recommend. I'm in the Nashville area.

Bafoussam... 'I'm not packaging lies to abuse the system'. If you would have read my post carefully, you would have noticed I said I have a case for Asylum but don't want it to jeopardise my route to a green card through a conventiona H1 sponsorship after college. Whether the case is strong or weak is for the US Govt. to decide....so please choose your words carefully. Thanks.
 
I just want to say that all you guys are brilliant and 'brothers' in this quest for justice and freedom. Raziel, ViaPalermo, Uncle Joe, Assylum and a few others I may have missed out...may your tribe increase and god bless you all.

Subsequent to last post here, I am planning on applying for asylum next year in June (which is before completing the 1 year time limit).

I am here in the US on a F1 visa. My wife and kid are planning to visit here from COP in March and then go back BEFORE I APPLY.

Will that be a prolem when I eventually interview with AO? Will the AO even know if my wife came and went back?

Also, assuming I am granted asylum :) how do I get my family here in the US? Can she come here on her B1/B2 visa while I apply for Derivative Asylum for her and kid?

Thanks. Any help would be appreciated
 
It depends on many factors and also depends on your case, your family returning to COP might trigger a safe enviroment for you and your family there, still it will depend on case circumstances.

AO will Know

to bring the family you need to file I-170, family can come on a B visa if they were approved.
 
So in other words, you are saying to be absolutely safe...ask her to stay in COP till decision is taken, right?

In my case, it is persecution because of belonging to a particular ethnicity or tribe.

I mean, I am discriminated against because of my origin. And people from my community have been attacked and villified. But I have not been in danger yet, but it's only a matter of time.

But my wife belongs to an ethinicity which is in the majority, so she is alright. Her danger comes from being married to me and sharing my name and identity. Our child, poor thing, is in an awkward position.
 
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