Denied Asylum in 2009 and Re-applying Process

rohina

New Member
Hi All,

I really need your input on this issue.

I have applied for Asylum back in 2009 based on political fear due to the circumstances in my home country. As of this day, things hasn;t change and it might have even got worst. My application was denied back in 2009 due to "lack of evidence" but I was found credible. Over the past two years , two of my siblings were granted asylum.

I am under j1 visa and it's valid for another 2 years. Just recently, I was informed that my Canada Immigration application was approved so I have to be there with in the next 12 months. This is sort of inconvenient for me as I do want to stay here in the US as my whole family is here and I don't want to depart by myself.

I am now considering applying for asylum here again. The canadian embassy has already issued my visa and stamped it on my passport, will that effect or influence the immigration officer here in US by any chance? Am I violating any grounds for asylum?


Thank you
 
You can't re-apply again until your out of status. Also the fact that you have a potential safe haven in Canada guarantees another denial on grounds of resettlement in another country.
 
Your Appeal period has expired. Your only options are to file a Motion based on either ineffective assistance of counsel (something you have not asserted in your post and probably not true for you or you would have said so) OR "changed country conditions". Although you stated that you were denied for a "lack of evidence" you may be able to demonstrate a clearer picture of the "country conditions" even if they are not technically "changed" in reality but rather only "changed" as to the perception of the Immigration authorities based on newly submitted evidence that was not previously available to you. Rehashing or re-characterizing is not enough for this.

8 CFR § 208.1 General.

(a) Applicability. (1) General. Unless otherwise provided in this chapter I, this subpart A shall apply to all applications for asylum under section 208 of the Act or for withholding of deportation or withholding of removal under section 241(b)(3) of the Act, or under the Convention Against Torture, whether before an asylum officer or an immigration judge, regardless of the date of filing. For purposes of this chapter I, withholding of removal shall also mean withholding of deportation under section 243(h) of the Act, as it appeared prior to April 1, 1997, except as provided in §208.16(d). Such applications are referred to as “asylum applications.” The provisions of this part 208 shall not affect the finality or validity of any decision made by a district director, an immigration judge, or the Board of Immigration Appeals in any such case prior to April 1, 1997. No asylum application that was filed with a district director, asylum officer, or immigration judge prior to April 1, 1997, may be reopened or otherwise reconsidered under the provisions of this part 208 except by motion granted in the exercise of discretion by the Board of Immigration Appeals, an immigration judge, or an asylum officer for proper cause shown. Motions to reopen or reconsider must meet the requirements of sections 240(c)(6) and (c)(7) of the Act, and 8 CFR parts 3 and 103, where applicable.

8 CFR § 1003.2 Reopening or reconsideration before the Board of Immigration Appeals.

(c) Motion to reopen.

(3) In removal proceedings pursuant to section 240 of the Act, the time limitation set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen filed pursuant to the provisions of §1003.23(b)(4)(ii). The time and numerical limitations set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen proceedings:

(i) Filed pursuant to the provisions of §1003.23(b)(4)(iii)(A)(1) or §1003.23(b)(4)(iii)(A)(2); (In absentia order---inapplicable to you)

(ii) To apply or reapply for asylum or withholding of deportation based on changed circumstances arising in the country of nationality or in the country to which deportation has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous hearing;

8 CFR § 103.5 Reopening or reconsideration.

(a) Motions to reopen or reconsider in other than special agricultural worker and legalization cases —(1) When filed by affected party —

(iii) Filing Requirements —A motion shall be submitted on Form I–290B and may be accompanied by a brief. It must be: .........
******
Otherwise, its..... [Once you cross the Canadian border and become landed, asylum is over for you forever in the U.S. unless Canada has a radical change.]

O CANADA

O Canada! Our home and native land
True patriot love in all thy sons command.
With glowing hearts we see thee rise
The true north, strong and free
From far and wide, O Canada
We stand on guard for thee.
God keep our land glorious and free
O Canada! We stand on guard for thee
O Canada! We stand on guard for thee.

O Canada! Terre de nos aieux
Ton front est ceint de fleurons glorieux!
Car ton bras sait porter l'épée
Il sait porter la croix!
Ton histoire est une épopée
Des plus brilliants exploix.
Et ta valeur, de foi trempée
Protégera nos foyers et nos droits
Protégera nos foyers et nos droits.
 
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