asylum status help

ghwang

New Member
Hello all, I have a messy situation and I'm wondering if you kind people have any thoughts.

I came to the US with a L2 visa in 1997 with my mother who is the L1. In 1999, my sister was born was she filed for political asylum and it was granted to us in 2000. Then we filed for adjustment of status... Then things got tricky... My mother decided to go back to the COP while our i485 is pending (terrible decision for me sigh) while I went through college, grad school in the USA by myself.

So our i485's been pending for all these years then in 2009 a letter came noticing us the intent to terminate asylum status because INS found out my mother went back to COP with this particular passport number. Obviously she didn't come for the interview to explain herself, but I went. The officer at the Anaheim asylum office was like we're just going to put this case on hold...

So I filed a nunc pro tunc asylum application and I was interviewed in 2011. The interviewing office wasn't a very nice guy at all. He questioned me about my fear of prosecution of returning to the COP, which I don't have any because I was only 12 when I came to the United States, I didn't know anything... I kept reminding him that this is a nunc pro tunc application, he said I still need to have my own fears and submit a statement within 2 months.

So you see, I have been screwed by mother's decision to leave me alone in the US. I have been in the United States for like 14 years, but my status is still asylee. I should have taken better care of it but I didn't know better. Partly my fault too because recently I have going back to my COP for business... So my future fear of prosecution is basically non-existent too. I have not been outside of US for more than 6 month in the past 14 years, though I took 3 trips to my COP.

So basically I am out of options. I do not wish to pursue marriage or investment immigration etc. I talked to some lawyers and they all said they don't have any good ways to get my nunc pro tunc approved.

I pretty much decided to voluntarily withdraw my asylum status in the United States and go back to my COP for a year or two since there are opportunities there to make money with my family. I'll try to find some other ways to come back later. I would definitely want to raise a family in the US later on since I went through middle school, high school, college and grad school in the US myself... I'm more used to the American way of life...

Anybody familiar with the withdrawing process? I just don't want to leave a black mark on myself... Do i need to hire a lawyer to do the withdraw? Is there any difference between withdrawing without a removal proceeding vs. voluntary departure when i'm actually in a removal proceeding? I ask because I want to give my nunc pro tunc one more shot even tho I'm probably gonan get denied.

Any comments would be appreciated! thanks!
 
Hello all, I have a messy situation and I'm wondering if you kind people have any thoughts.

I came to the US with a L2 visa in 1997 with my mother who is the L1. In 1999, my sister was born was she filed for political asylum and it was granted to us in 2000. Then we filed for adjustment of status... Then things got tricky... My mother decided to go back to the COP while our i485 is pending (terrible decision for me sigh) while I went through college, grad school in the USA by myself.

So our i485's been pending for all these years then in 2009 a letter came noticing us the intent to terminate asylum status because INS found out my mother went back to COP with this particular passport number. Obviously she didn't come for the interview to explain herself, but I went. The officer at the Anaheim asylum office was like we're just going to put this case on hold...

So I filed a nunc pro tunc asylum application and I was interviewed in 2011. The interviewing office wasn't a very nice guy at all. He questioned me about my fear of prosecution of returning to the COP, which I don't have any because I was only 12 when I came to the United States, I didn't know anything... I kept reminding him that this is a nunc pro tunc application, he said I still need to have my own fears and submit a statement within 2 months.

So you see, I have been screwed by mother's decision to leave me alone in the US. I have been in the United States for like 14 years, but my status is still asylee. I should have taken better care of it but I didn't know better. Partly my fault too because recently I have going back to my COP for business... So my future fear of prosecution is basically non-existent too. I have not been outside of US for more than 6 month in the past 14 years, though I took 3 trips to my COP.

So basically I am out of options. I do not wish to pursue marriage or investment immigration etc. I talked to some lawyers and they all said they don't have any good ways to get my nunc pro tunc approved.

I pretty much decided to voluntarily withdraw my asylum status in the United States and go back to my COP for a year or two since there are opportunities there to make money with my family. I'll try to find some other ways to come back later. I would definitely want to raise a family in the US later on since I went through middle school, high school, college and grad school in the US myself... I'm more used to the American way of life...

Anybody familiar with the withdrawing process? I just don't want to leave a black mark on myself... Do i need to hire a lawyer to do the withdraw? Is there any difference between withdrawing without a removal proceeding vs. voluntary departure when i'm actually in a removal proceeding? I ask because I want to give my nunc pro tunc one more shot even tho I'm probably gonan get denied.

Any comments would be appreciated! thanks!

If you've already consulted lawyers they should have checked you for eligibility for cancellation of removal and adjustment of status under INA 240A(b) but you would need a qualifying relative and show extreme hardship to that person--that was probably not viable.

So, it would appear that you would need to try for voluntary departure under INA 240B as that would leave you in the best position to return later. With your U.S. education you would likely qualify for a variety of employment-based visas (immigrant and non-immigrant).


It is not well settled if your mother's possible fraud could be "imputed" to you. Hopefully there would no such finding of fraud and if there was that it would not touch you.

Good luck.
 
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