hello, i'm from africa some years ago i left the country where i used to live in africa to europe for political reasons. for the last 4 years i'm in usa as a student. i came to usa because all my family lives here in the states. i've never been to my mother land and because of politics i or none of my family can go to our home land. my student visa will expire soon, i can't go to my country can i apply for asylum here in the states?
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asylum question... help pls?
- Thread starter zackkk
- Start date
First of all, as a student in usa for 4 years, your english is very poor. are you really going to school? .... just kidding.
If you want to apply for asylum, you should have applied three (3) years ago. Now your chances are really slim. Tell us which country are you from, may be we can tell if you have chances to get political asylum or not?
If you want to apply for asylum, you should have applied three (3) years ago. Now your chances are really slim. Tell us which country are you from, may be we can tell if you have chances to get political asylum or not?
First of all, as a student in usa for 4 years, your english is very poor. are you really going to school? .... just kidding.
If you want to apply for asylum, you should have applied three (3) years ago. Now your chances are really slim. Tell us which country are you from, may be we can tell if you have chances to get political asylum or not?
from eritrea.
Dear Zackkk,
Be aware that:
(1) no one in this forum can predict what is going to happen in your case;
(2) applying for asylum if you have a weak case can involve serious risks, (3)anyway there may be other ways for you to stay in the U.S. if you fear harm in your home country. Two such ways are “Withholding of Removal” and “The Convention Against Torture.”
You were supposed to apply for asylum within 1 year of your last arrival in the U.S. The DHS / USCIS requires you to mail your application to them before the 1-year deadline. But If you apply after the 1-year deadline, without a very good reason, your asylum claim can be denied. If you have already been in the U.S. for more than 1 year since your last arrival, you should see a lawyer right away and find out if you can still apply for asylum, you may have a good reason even though you chances may seem very slim and discouraging. Furthermore we cannot help you due to the fact we have no knowledge whatsoever of your claim or asylum story.
Best Luck
Be aware that:
(1) no one in this forum can predict what is going to happen in your case;
(2) applying for asylum if you have a weak case can involve serious risks, (3)anyway there may be other ways for you to stay in the U.S. if you fear harm in your home country. Two such ways are “Withholding of Removal” and “The Convention Against Torture.”
You were supposed to apply for asylum within 1 year of your last arrival in the U.S. The DHS / USCIS requires you to mail your application to them before the 1-year deadline. But If you apply after the 1-year deadline, without a very good reason, your asylum claim can be denied. If you have already been in the U.S. for more than 1 year since your last arrival, you should see a lawyer right away and find out if you can still apply for asylum, you may have a good reason even though you chances may seem very slim and discouraging. Furthermore we cannot help you due to the fact we have no knowledge whatsoever of your claim or asylum story.
Best Luck
You were supposed to apply for asylum within 1 year of your last arrival in the U.S. The DHS / USCIS requires you to mail your application to them before the 1-year deadline. But If you apply after the 1-year deadline, without a very good reason, your asylum claim can be denied. If you have already been in the U.S. for more than 1 year since your last arrival, you should see a lawyer right away and find out if you can still apply for asylum, you may have a good reason even though you chances may seem very slim and discouraging. Furthermore we cannot help you due to the fact we have no knowledge whatsoever of your claim or asylum story.
Best Luck
If his student visa is still valid, it doesn't matter how long Zackkk was in the country for. The one year rule will not apply for him. As long as he is in status, he is able to apply for Asylum. Also, the last time Zackkk entered the US, it is best to have been arrived directly from his home country, and not another "safe haven" country where an application for Asylum could have been filed.
Read my answer in a broader perspective…
Immigration Laws are complex and complicated. Entering the US on F-1, never went to school all these years, with the intend to seek asylum now because your whole family lives in the U.S; that can lead to all sorts of complications. Applying for asylum in a normal basis, or applying for asylum when you have a legitimate fear is a whole different thing. In all fair reading, I am just saying that he should consult with a lawyer and see what would be his best options. Going to school should not effect any one’s asylum claim, however delaying your claim that long raises the questions… if things have been so bad back home, why did one wait that long? Isn’t a good argument to deny someone claim, may be not?
He stated it clearly, he doesn't want to go back to his home land because ONLY his whole family lives in the U.S NOW.
BEST LUCK
Immigration Laws are complex and complicated. Entering the US on F-1, never went to school all these years, with the intend to seek asylum now because your whole family lives in the U.S; that can lead to all sorts of complications. Applying for asylum in a normal basis, or applying for asylum when you have a legitimate fear is a whole different thing. In all fair reading, I am just saying that he should consult with a lawyer and see what would be his best options. Going to school should not effect any one’s asylum claim, however delaying your claim that long raises the questions… if things have been so bad back home, why did one wait that long? Isn’t a good argument to deny someone claim, may be not?
He stated it clearly, he doesn't want to go back to his home land because ONLY his whole family lives in the U.S NOW.
BEST LUCK
Read my answer in a broader perspective…
Immigration Laws are complex and complicated. Entering the US on F-1, never went to school all these years, with the intend to seek asylum now because your whole family lives in the U.S; that can lead to all sorts of complications. Applying for asylum in a normal basis, or applying for asylum when you have a legitimate fear is a whole different thing. In all fair reading, I am just saying that he should consult with a lawyer and see what would be his best options. Going to school should not effect any one’s asylum claim, however delaying your claim that long raises the questions… if things have been so bad back home, why did one wait that long? Isn’t a good argument to deny someone claim, may be not?
He stated it clearly, he doesn't want to go back to his home land because ONLY his whole family lives in the U.S NOW.
BEST LUCK
I have re-read your post and I have to reiterate what I said. There is no "broader perspective" to be applied in reading your post. There is a lot of misinformation. He has not stated ANYWHERE that he did not attend school. He has CLEARLY stated that him or his family cannot return to his country for "political reasons." That obviously gives him a reason to apply for asylum. He does not state ANYWHERE that "the ONLY reason he doesn't want to go to his home land is because his whole family lives in the US NOW" as you are stating. Not sure where you are getting that from.
Also, there is no such thing as "applying for asylum in a normal basis." You either have a legitimate claim or you don't.
If he is in valid status, he can claim asylum and the one year deadline does NOT apply. I speak from experience. The only thing that I agree within your post is that he really should contact an immigration attorney.
BEST LUCK
thanks all. i'm kind of confused i know that if i go to my country because of my religion i'll face jail time and will not have freedom to practice my religion. unfortunatly that is the fact, however when i came to the states, 4 yrs ago, i asked a lawyer then and she said that i shouldn't apply since i came from europe... i followed her advise and joined school... now my EU permit has expired. i spoke with a lawyer again few weeks ago and he told me not to apply because i used to live in europe. i just don't understand my religion is a crime in my country... it is a fact and UNHCR is well aware of it. if i have to leave the states now when my f1 expires i don't know where to go!
thanks all. i'm kind of confused i know that if i go to my country because of my religion i'll face jail time and will not have freedom to practice my religion. unfortunatly that is the fact, however when i came to the states, 4 yrs ago, i asked a lawyer then and she said that i shouldn't apply since i came from europe... i followed her advise and joined school... now my EU permit has expired. i spoke with a lawyer again few weeks ago and he told me not to apply because i used to live in europe. i just don't understand my religion is a crime in my country... it is a fact and UNHCR is well aware of it. if i have to leave the states now when my f1 expires i don't know where to go!
I believe your lawyer was right in advising you not to apply for asylum since you did not come directly from your home country to the US. The asylum officer could have denied your claim since you could have asked for asylum in Europe (depending on where). So you WERE in fact attending school in the US and are still in status...very interesting. Can I ask what you were doing in Europe? Were you firmly resettled there? If you apply for asylum, they will ask you why you didn't apply for asylum when in Europe. If you can show that conditions in your country changed for the worst after you came to the US, you may have a shot. Can you talk to another lawyer now?
I believe your lawyer was right in advising you not to apply for asylum since you did not come directly from your home country to the US. The asylum officer could have denied your claim since you could have asked for asylum in Europe (depending on where). So you WERE in fact attending school in the US and are still in status...very interesting. Can I ask what you were doing in Europe? Were you firmly resettled there? If you apply for asylum, they will ask you why you didn't apply for asylum when in Europe. If you can show that conditions in your country changed for the worst after you came to the US, you may have a shot. Can you talk to another lawyer now?
i left home, after being forced to leave, to europe alone... during that time i tried to go back home but my embassy denied me. at this time i had to change my citizenship from ethiopia to eritrea (i don't know if you know the story b/n these countries) ... after few months i got my eritrean citizenship and work permit in EU. i did not file for asylum in EU, i was supposed to but i didn't since i trusted that things will change...
the politics in eritrea still the same as it was some years ago... bahai belivers are still concidered as enemy of the state... i made a mistake of not filling asylum while in europe, i made a mistake of comming to usa to go to school, i made a mistake of not standing for my rights at the right time and now i just don't know where to turn. i don't have a strong case... since i came via europe and been here for 4 yrs, but i have no country to welcome me because of my religion.
ImmigrationN
Registered Users (C)
Contact the below given immigration lawyer. This guy gives free initial personal consultation. That may help u as your case seems to be so complicated. All the best
Hi everyone,
I have been in states for almost 9 years (came on F1 and currently holding H1 which is valid till 2014). Can I apply for Asylum based on very good facts. I have checked all websites including USCIS and all say that based on change circumstances I can apply even if it is over 1 year (obviously I have to prove). If application is denied, will I be still able to extend my H1 or it wouldn't matter. I know its little complicated but I am hoping if someone can help....
Greatly appreciate any response......
Thanks
I have been in states for almost 9 years (came on F1 and currently holding H1 which is valid till 2014). Can I apply for Asylum based on very good facts. I have checked all websites including USCIS and all say that based on change circumstances I can apply even if it is over 1 year (obviously I have to prove). If application is denied, will I be still able to extend my H1 or it wouldn't matter. I know its little complicated but I am hoping if someone can help....
Greatly appreciate any response......
Thanks
tributeblinky
Registered Users (C)
if you can prove that you are applying after the 1 year deadline because of strong changes in circumstances, then yes you should be fine! as for your H1 status, the good thing about asylum application is that it can happen concurrent with any other immigration status or application u have. however, i do suggest that you comply with all the requirements of your H1 visa whilst your asylum is pending. the way it works is that once you apply for asylum, your previous immigration status/visa will be put on hold until a decision is made on your application. if you get approved, then you have nothing to worry about and can abandon your H1 status and its requirements. id, however, you get denied, ur previous status will be restarted as long as you meet its requirements. hope this helps. get a very good immigration lawyer. trust me, you will need one. tell us which city ur in and maybe a member that is local to you can suggest one. good luck
Thank you very much tributeblinky. I am in New york city and was seeking some attorney in my area. I spoke with couple over the phone. They said YES, I can file perallel to my H1. however, they didn't say that H1 would be put on hold meanwhile. This is new information thanks. Also, few more bad thing I found if you can tell me if it is correct ?
1) Lets say asylum is approved. While I am on asylum and waiting for GreenCard, I cannot go to my country even in case of Emergency or something ???
2) If Asylum is denied, it would look bad when I apply for any other status in future.??
3) The most important --- if denied, would I still be able to extend my H1 in future???
Please reply... Thanks alot.
1) Lets say asylum is approved. While I am on asylum and waiting for GreenCard, I cannot go to my country even in case of Emergency or something ???
2) If Asylum is denied, it would look bad when I apply for any other status in future.??
3) The most important --- if denied, would I still be able to extend my H1 in future???
Please reply... Thanks alot.