Eb2 or eb3 while asylum seeker on court
- Thread starter Surrey19
- Start date
Nope as long as you’re in removal proceedings
Does that mean when we are referred to the court as asylum seeker we canot be sponsored for eb3 nor EB2
Even before the removal proceeding
EB 2 no wayyy! But EB3 yeah maybe you can get it but you need an attorney who study your case
Man i just asked my friend he went through the same and he said you can’t get any of them if you been referred to the court
HoustonAssi
Active Member
To apply either, one needs to be in status. You'll get Asylee status once your Asylum gets approved. HTH
But whats the issue getting GC thru Asylum case?
Why you make it like it’s easy to win asylum case?? You’re dreamingTo apply either, one needs to be in status. You'll get Asylee status once your Asylum gets approved. HTH
But whats the issue getting GC thru Asylum case?
HoustonAssi
Active Member
Sorry, didn't get you.... I am just explaining him when he'll get the status in Asylum process
He was referred to the court
HoustonAssi
Active Member
Yes, i know that so....Why do you say
" Why you make it like it’s easy to win asylum case?? You’re dreaming " ??
Cause winning asylum from the court is so tough from every 10 cases 2 wins!
HoustonAssi
Active Member
Yes i am aware of that. What made you think that i said its easy to win?
I just clarified about the process to that guy that he needs any status before he applies for employment based GC. And As he is in asylum process, so he can apply EB2/EB3 once he gets some status (in Asylum one gets status when asylum gets approved)
HTH
Okay but most likely he won’t get approved at the court that’s why the employment based gc is not an option
That is simply not true. It depends on which court and which judge is presiding the case. Lot of factors based on claim, location, judge, which president, judge political affiliation, job market in that area and so forth. You can check the judge's approval/denial rate in trac website and get some idea. Not everything is about claim. Some weak claims are approved due to liberal judge and some strong claims are rejected due to conservative judge.
HoustonAssi
Active Member
Absolutely, makes sense!
Keep dreaming! I mean i agree on some points of your words but in court you have to convince the DHS attorney and the Judge and that’s way much harder than you think unless your case is so strong
it’s not a dream. Yes, your case has to be strong and it depends on the judge for sure, but yes, it is very possible. Many of us have won asylum cases before IJ after being denied
I didn’t say you can’t win at the court but it’s much harder than the asylum office ! And unfortunately we saw a lot of fake asylum stories in the last few years so these folks with no evidence and not strong case are just spending extra time here before going back to their home countries in 5-6 years
If the story is fake or at least not strong then they may have issue before the officer as well. But unfortunately the system is not airtight and many fake applicants get through both at the officer or IJ stage while real ones may get denied. It all depends on how the IJ/officer is, their mood on that day and such other factors. It’s just how it is and has always been