Asylum, Political or similar?!?

N

niccollo

Registered Users (C)
Guys,
I would like to know as much as I can before I make mistake or good move.
I came at may 2008 as J1 Internship Student. I had J1 Visa valid till July 2009 and after that I stayed illegally. I was out of USA in march and last entry was may 2009. I know that I can apply for Asylum only one year after I come to US, but is that may 2008 or may last entry may 2009?
Can you tell me where can I find more info about Asylums? How can I claim Asylum and what I have to say, prove or anything similar? Is Political Asylum best way to stay in US? What kind of Asylums could I claim and stay in US?
Any recommendations for lawyer's offices in NYC that will give me free info about my potential case?

Thank you VERY MUCH for your time and effort
 
Guys,
I would like to know as much as I can before I make mistake or good move.
I came at may 2008 as J1 Internship Student. I had J1 Visa valid till July 2009 and after that I stayed illegally. I was out of USA in march and last entry was may 2009. I know that I can apply for Asylum only one year after I come to US, but is that may 2008 or may last entry may 2009?
Can you tell me where can I find more info about Asylums? How can I claim Asylum and what I have to say, prove or anything similar? Is Political Asylum best way to stay in US? What kind of Asylums could I claim and stay in US?
Any recommendations for lawyer's offices in NYC that will give me free info about my potential case?
Click to expand...

1. You can file an asylum claim one (1) year after your entry, so if your last entry was in May 2009, then you can file until May 2010. BUT, I don't know what kind of visa you are on now, so if your visa is expiring before May 2010, then you have to apply before it expires - otherwise, you will be here illegally, you will break the law, and will be going through defensive process (you will fall under Department of Justice), meaning you will have to face an immigration judge, and in that case you NEED an immigration lawyer. So I advise you if this is a GENUINE asylum case not to wait until your visa expires.

2. Asylum can be filed under 5 categories (nationality, religion, race, political oppinion, memberhsip of a particular social group), but you have to PROVE that one of those categories apply to you. You have to PROVE (documentation) that you have experienced persecution based on one or all of above mentioned grounds. But keep in mind, asylum officers haven't been born yesterday - cuz many people abused the system, they will ask you in detail everything about your claim.

3. Something that will come up is - if you are sincerely fearful for your life, why didn't you apply for an asylum when you were here in 2008? Did you go back to alleged country of persecution? If yes - then you must not be so afraid of going back.

There are lots of internet stuff you can use to educate yourself about the process. the website uscis.gov has ton TONS of information that you can use to better understand the process.

But always keep in mind - if this is not genuine case, most likely you'll get busted..... and what's worse - you'll be taking away time of asylum officers that could be used for a real asylum case.

Hope it helps - good luck! :)
 
Thank you LITTLE BEE.
BTW, I was coming to US since 2004 on J1 Visa (every year till 2008). I would come for a summer period and return home. I had J1 Internship Visa from may 2008 and it has expired on July 2009, so it means what it means.
What could you recommend?
What are my next steps?
Thank you ALL
 
Hi Niccollo,

Well, what I can recommend you is - sit down and think why do you want to apply for an asylum? Are you being persecuted in your home country? On what protective grounds (religious, political, ethical, national, belonging to a particular social group)? Who is persecuting you? Government? Someone else but you can not get protection by the government?

When you file for an asylum, you have to prove what is being done to you, what have you done in the past to avoid persecution, and has this persecution prevailed despite your attempts to seek protection? Did anyone ever cause you harm? If so - do you have medical documentation, hospital records, X-rays? Have there been any police records of the assault? If it i based on religious - you have to prove that as well. Do you live in the country of predominantly religious people belonging to your denomination? If yes - how are you being persecuted? If now, explain.

One of the most difficult things you'll encounter is - explaining and justifying - your returns to the country of alleged persecution? Why did you return? Were you not afraid of going back? Why are you seeking asylum, when obviously you went back home 4 times? Have country conditions changes in meantime? If so - how?

Asylum is a difficult process and time consuming. I can't really advise you on anything since I am not a lawyer - but am just drawing from my own experience.

When it comes to an asylum - you have to fill I-589 form. Declaration is always good to write and submit along you I-589 where you have the right to explain in detail the persecution you suffered. Supported by documentation - of course (medical documentation, newspaper articles, Human Rights Watch reports, Amnesty International reports, check US dept of State website for country conditions, police reports, etc.). If you belong to a political party - your membership card.

Only thing I can advise you is to look at I-589 form and get the feel for what asylum is all about. As I said, it can be a difficult, nerve wrecking process, and if it is not a genuine asylum case, you'll be just waiting your sweet time. So sit down, and think carefully of your reasons for applying for asylum in US. I might be wrong - so if someone knows correct me please - but I think the overall rate for asylum approval is around 35%, so not even in 40s%. This should tell you how difficult it can be.

Good luck :)
 
niccollo said:
Guys,
I would like to know as much as I can before I make mistake or good move.
I came at may 2008 as J1 Internship Student. I had J1 Visa valid till July 2009 and after that I stayed illegally. I was out of USA in march and last entry was may 2009. I know that I can apply for Asylum only one year after I come to US, but is that may 2008 or may last entry may 2009?
Can you tell me where can I find more info about Asylums? How can I claim Asylum and what I have to say, prove or anything similar? Is Political Asylum best way to stay in US? What kind of Asylums could I claim and stay in US?
Any recommendations for lawyer's offices in NYC that will give me free info about my potential case?

Thank you VERY MUCH for your time and effort
Click to expand...
Hey dude! Does it looks like a game to you?
What's the background for Asylum? It's not the way to legalize your status in US.
 
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