badly need your help (removal proceeding to j1 or h1)

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sataleees

Registered Users (C)
Hi all..
wounld you kindly help me with information and advice..

i'm an asylee physician my case is denied by the asylum office and now is pending in the immigration court and i'm in defensive state (against removal proceeding)..
how can i change my status to h1 or j1 visa?
does my current status make it hard to get a visa from a programme in the coming match?
if i got one how can i change the status?
should i leave us and re-enter to change the status?
my visa is not valid and i'm staying with the bending asylee case.. does that make it hard to get the j1 or h1 visa from the immigration authoriris outside us later?

i badly need your help..
your help is so appreciated..
 
sataleees said:
Hi all..
wounld you kindly help me with information and advice..

i'm an asylee physician my case is denied by the asylum office and now is pending in the immigration court and i'm in defensive state (against removal proceeding)..
how can i change my status to h1 or j1 visa?
does my current status make it hard to get a visa from a programme in the coming match?
if i got one how can i change the status?
should i leave us and re-enter to change the status?
my visa is not valid and i'm staying with the bending asylee case.. does that make it hard to get the j1 or h1 visa from the immigration authoriris outside us later?

i badly need your help..
your help is so appreciated..
Click to expand...

if you applied for asylum while you were on status . you might be able to change it .but if you were out of status .you dont have other choice .you must fight in court for your rights .
 
i didn't get it

thanks for reply..
but can you clarify things more for me..
i applied for asylum while my visa is still valid but now because of the bending it is not valid anymore, as i'm waiting for the appeal and the allowed time in my original vist visa passed.
i mean i applied within the valid status but now it is not, can i change it?

thanks alot for help and support
 
if you applied through status for asylum . it is called affirmative asylum claim .
in case they deny your asylum. they supposed to send you "intent to deny " where u have 14 or 16 days to send your rebutal .also you can withdrew your asylum claim and change to different status .i dont know why they send you to court .
i think you must consult with littigation attorney who knows how to do it . i dont recomend you to do it byyourself.
you should be able to withdrew and change it if you applied through legal status.
 
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i think i couldnt explain my case properly..
when i applied i were in legal status and when they denied my case i were in illegal satatus and in the immigration court of course i'm in invalid status, i mean my visa status was not valid but of course i'm staying legally as i have a bending case..
in these circumstances how can i manage it?
what is the red line which determines that one can change or canot change his status?
thanks for being patient and many for help and support
 
Stateleeee: I am sorry I can't answer your questions because I don't any personal experience with it; however, I would like to ask you, why don't you wait for the result of the court? Many individuals whose cases were denied by asylum officers win their case before the courts. So why don't you hire a nice attorney and fight for your case in the courts?

Good luck
 
thanks faysal..
but i'm a doctor and i need to work as a doctor which will also be bending with my case as the hospital dont get stucked with one who might get deportation order at any time..
so any one can help me in how can i withdraw and change my status???
 
Hi Sataleees,

Keep fighting.

My case was also denied by the asylum office but approved later by the immigration judge.

Call my laywer and he will tell you the answers. His name is Vadim Yuzefpolsky. I would also highly recommend hiring him if you don't have a laywer. He is one the few honest professionals I ever met in my life.

Goodluck.

500 N. Brand Blvd
Suite 550
Glendale , California 91203
Phone: 818-553-8074
Fax: 818-553-8075
Email: nordandyuzefpolsky.com
 
It's hard to say if you will be considered as you've overstayed your visa if you don't go to court ( well, anyway if you are denied by judge will have to leave the country), but as for J1 visa i would say it will be hard to get if somebody will find out that you've applied for asylum before.
 
IN status vs. OUT of status difference

sataleees said:
Hi all..
wounld you kindly help me with information and advice..

i'm an asylee physician my case is denied by the asylum office and now is pending in the immigration court and i'm in defensive state (against removal proceeding)..
how can i change my status to h1 or j1 visa?
does my current status make it hard to get a visa from a programme in the coming match?
if i got one how can i change the status?
should i leave us and re-enter to change the status?
my visa is not valid and i'm staying with the bending asylee case.. does that make it hard to get the j1 or h1 visa from the immigration authoriris outside us later?

i badly need your help..
your help is so appreciated..
Click to expand...

Hi stataleees,
1) If you applied for political asylum while being IN status (duration of your I-94) and your case went (from Immigration Officer) to Immigration Judge, and in the court from three options (grant political asylum, "grant" withholding of removal, or deny your petition for asylum) IJ choosing deny your petition for asylum, than you will come back to your the previous status.
Let say for example,
when you was applying for p. asylum and you still had valid status under J1 visa that let you work for up to 4 month plus 2 month travel, and at the moment of IJ decision (who denied your petition) you still have 2 month left
than you have all rights to stay those 2 month even though IJ denied your petition for asylum. If I'm not mistaken, authorities cannot order removal proceeding if you still have valid status. And I assume that you could apply for extention or change of your status if you still in VALID STATUS after IJ decision.
Another thing, if your status got invalid while your case was pending and at the moment of judge decision you were out of status than you still would have to leave US.

2) If you applied for political asylum while being OUT of status (pass the duration of your I-94) and your case went (from Immigration Officer) to Immigration Judge, and in the court from three options (grant political asylum, "grant" withholding of removal, or deny your petition for asylum) IJ choosing deny your petition for asylum, than you will come back to your the previous status = out of status and than REMOVAL PROCEEDING would go effect , meaning you MUST leave US because at the moment of applying for p. asylum you were already out of status that is against the law (only protection from removal proceeding would be granted asylum or withholding).

That's what I recall from my case, but PLEASE CHECK THIS INFO and use as reference only.
Good Luck.
 
Last edited by a moderator:
hi all..
thanks for appreciable help and support..
any body knows an excellent lawyer in the area of DC, MARYLAND and Virginia ???
would you kindly advice me with the best in this area
many thanks in advance
 
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