B-2 Visitor with intent to apply for Asylum

G

Gabriel Jack

Registered Users (C)
If I am a visitor and I want to apply for asylum and also maintain my status in case of denial, is it advisabe for me to attempt to extend my visitor Visa?

Wouldn\'t there be an inference of fraud if I did such a thing? I am saying that I intend to continue my vacation in the United States, but I am simultaneously filing for Political Asylum. Or does the INS overlook this?
 
Talk to a Lawyer

Before I say anything I will have to warn you that I am NOT giving you any legal advise. Only a qualified asylum lawyer can answer your questions with accuracy.

 I dont know anything about someone on tourist visa applying for political asylum but when a friend of mine on student visa wanted to apply for asylum his lawyer told him that in the case his asylum request is denied his student visa will be still valid. That was in 1994 and I don\'t know what the new laws say.

 Not every asylum request is turned down because there was fraud involved in the application. Sometimes INS turn down *genuine* asylum request on the basis that the applicant did not provide enough evidence. Well..not always *turn down* cases with insufficient evidence, sometimes they delay the case for futher hearing and overall process can take years.

  I\'m sure the INA says something about an issue like this. But only lawyers can interpret what those legal words actually mean.
 
You need an attorney

Your nonimmigrant status (or lack thereof) should have no direct effect on your application for asylum. If your application is not successful, then you will be restored to your original status, if you are still eligible for it.

You should understand if at the time of your asylum interview, you are still in valid non-immigrant status, then the asylum officer will either grant or deny your asylum request. The application cannot be referred to an immigration judge for further consideration because
you are legally in the U.S. and not deportable.

It sounds like you are not confident about your application, you really need an experienced attorney to evaluate your options. This forum is no substitute for sound legal advice. No one here provides anything that can be considered legal advice.
 
I don\'t think I was clear enough in my previous post.....

I\'m confident about the application, but I\'d like to have a good back-up plan just in case I am denied. For other immigrant petitions in cases such as marriage cases, the INS often looks suspiciously on cases where the couple gets married like less than a couple months after the non-citizen spouse arrives on his/her B-2 Visa because there is an inference of fraud; The B-2 Visa is intended for tourists, not as a means to get to the United States and marry a citizen and live permanently. This is why I am wondering whether it is a good idea to file for an extension of a Visitor Visa while also intending to file for asylum shortly thereafter. It will be difficult to beat the argument at the GC interview that I lied; That my intention was not to visit as a tourist but to instead buy time in order to file for asylum and be able to fall back on legal status in the event I\'m denied. What do you guys think?
 
You should still consult your case with a lawyer

The reason we advised you to consult your case with a lawyer is because our words mean nothing in an immigration court. Only a lawyer can argue for you in an immigration court if the need arises. Besides, it is illegal to practice immigration law without a license in all 50 States.
 
b2 to asylee

guys,
my friend is staying at my place. he\'s on b2 visa. he had applied for asylum in 92 when he was here on f1. he never heard anything from ins since then. he left the country after graduation in 97. stayed in another country other than the home country. i inquired last year thru his a# and the ins have no record at all of him. they have lost his file.
is it a good idea now for him to continue that case. Any help is appreciated guys. he has a visa for few wks only.
thanks
harman
 
No Title

He should honestly assess the merit of the original asylum application. Many of the applications filed in 92 were frankly weak and the applicants were really after the work permit.

If the original application was strong and the person still fears persecution, then by all means reapply. The INS might have misplaced the actual file, but there is an electronic record of the application. When he reapplies, the file might also be miraculously found. In sum, be consistent.

Also, he might also have to overcome the firm resettlement ground.

The above is not legal advice. It is best to consult an attorney.
 
Thanks Gilbert

I paid $300 to the lawyer last year to get information about his case. ins forwarded the inquiry to different offices to trace the file but no results. so I believe they don\'t have any record at all. since it\'s ins\'s mistake, the case could be more on his favour. plus I inquired another attorney and according to him since he didn\'t go back to the home country since applying, he is still in good position. another reason it will be on his favour.
Thanks again Gilbert for your advice.
harman
 
No Title

It\'s good that he did not go back to his homecountry (the country he will be claiming persecution from in the Asylum application).
 But in the Asylum application form he will have to state whether he has previously filed for asylum before or not. And this question does not necessarily asks if the INS has lost his previous asylum application. Don\'t forget that giving false answer in the asylum application can have negative impact on his case.

 I think this case needs a lawyer representation. Be sure to shop around and avoid the lawyers that asks for your credit card number before the question is asked.
 
Thanks Jack

I am going to do look for some good lawyer and get some advice.
Thanks Gilbert and Jack.
 
No Title

When consulting his case with an attorney he might want to mention that he has previously sent an asylum application to the INS before. The attorney will then give him advise on how to answer the question "Have you filed for asylum in the US before?"
 
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