Filers who filed after One Year period - Post your experiences.

D

Devastation

Registered Users (C)
Hello Folks,

I've been in the country on B1 since 2005. I had no idea i could still apply for asylum status even after missing the one year period. Great thing i checked this section out in this forum. :)

I'm considering to apply for asylum status given the worsening situation of my country. And i'm looking to obtain as many information as i could to help broaden my knowledge in this regard.

Would you guys post your experience?

Thanks

With love, hopes and prayers,

Dev
 
Devastation said:
Hello Folks,

I've been in the country on B1 since 2005. I had no idea i could still apply for asylum status even after missing the one year period. Great thing i checked this section out in this forum. :)

I'm considering to apply for asylum status given the worsening situation of my country. And i'm looking to obtain as many information as i could to help broaden my knowledge in this regard.

Would you guys post your experience?

Thanks

With love, hopes and prayers,

Dev
Click to expand...

Are you continuing to maintain the B1 status or you're out?
 
Devastation said:
Hello Folks,

I've been in the country on B1 since 2005. I had no idea i could still apply for asylum status even after missing the one year period. Great thing i checked this section out in this forum. :)

I'm considering to apply for asylum status given the worsening situation of my country. And i'm looking to obtain as many information as i could to help broaden my knowledge in this regard.

Would you guys post your experience?

Thanks

With love, hopes and prayers,

Dev
Click to expand...

Nothing is impossible. I was out of status for 8 years before I applied for asylum infront of Immigration Court. You will have to show proof that the situation has changed for the worse which could affect you in a bad way. Keep in mind, you will have to answer alot of questions as to why you did not apply within the one year period. So have a good reply ready.
 
I know, but did you go directly to immigration court? For what i've known is- you apply first via IO and then IO refers your case to IJ. Please clarify.

best, Dev
 
Devastation said:
mesbahul,

Were you approved from IO? or from IJ?


best, Dev
Click to expand...

I had Immigration officers raid my house looking for my younger brother after his college reported him to be out of status. We had two choices. Either to go back home or try our luck in immigration court. I was able to prove to the judge that if I get sent back home, my life could be in danger because of the activities of my relatives and also my upbringing.
 
My mother applied for NACARA relief. Once her application was granted, she was required to withdraw her pending asylum case (it had been pending since 1989) once she did that that left my sisters and I in limbo. My sisters were under 21 and were able to adjust based on her NACARA relief. I was in a bad place since i was over 21.

I hired a lawyer, we submitted my application for asylum, I had been in the country for 13 years at that point. 2 years later my asylum was approved.
 
Thank you Scully.

Mesbahul, i went to a lawyer for pre-counselling today, he said it was going to be a tough call but he'd do it for me if i pay 5K. He also said that, just like you did ^, i would have to answer a lot of questions to fill in the 4 years gaps. This is what is really getting me. I dont think i'd be able to hire a lawyer either.

So as to prepare on my own, i dont really know how would i be able to proove them of the circumstance that's been significantly changed. What are the components that could be empoyed to serve the fillings of the gaps?
 
Devastation,

To answer your initial question: I filed in 2003/2004 (i believe) when I actually entered the US in 2000. I did hire a lawyer but a few days before the interview, he told me he had a scheduling conflict (2 interviews at the same time) so he would not be attending mine. He thought I would do fine. Since I did not want to reschedule I decided to go by myself. The IO really insisted on the reasons why I had not applied immediately, this was a key point. I had very strong reasons for not filing when I first came. To my surprise, the IO actually told me she would "grant this case" when I had never asked her anything. Two weeks later, I received a noticed that it was denied and that I would be referred to an IJ.
In my case, a war had broken out in my country in 2002. My family was deeply involved in politics and I easily demonstrated the risk of persecution (so I thought).
On the court date I had a new lawyer (fired the loser that let me down). The IJ was extremely easy on me and you could tell she wanted to grant me asylum. But she did as me for detailed info/proof on the reasons why I did not file right away. She also wanted to know if I had maintained legal status since I entered the US. Finally, she asked for proof that I had not permanently resettled in another country before I came here (I spent years in Europe before coming to the US).
The judge was doing all the talking and when the INS attorney decided to wake up and say something, she told him not to waste his time because she had already decided to give me asylum.
My feeling on this is that if you have decent reasons for applying only now, you should go for it. But make sure you document it (press articles, witnesses, evidence etc...). You should be able to show how those "changed circumstances" in your COP would affect you if you returned.
 
Last edited by a moderator:
Thank you Dave and others. Assuming that the IO or IJ asked you this question "have you ever worked in the us", what was yoru answer to it?

Yes, i've worked but i dont know what kind of impact honesty might make on my application.

Thanks in advance for your reply.

Dev
 
Devastation said:
Thank you Dave and others. Assuming that the IO or IJ asked you this question "have you ever worked in the us", what was yoru answer to it?

Yes, i've worked but i dont know what kind of impact honesty might make on my application.

Thanks in advance for your reply.

Dev
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I wasn't asked this question. I would assume the IJ or IO would assume you have been working to support yourself.

If in anycase it does come up, honesty is the best policy.
 
I am applying for asylum,this year,my interview is set for December 3.I came under my dad with a G-4 visa,thing i have been out of status since 2007,i am not too sure about that.i am hoping that i get a approval and soon.
 
Devastation said:
good luck gaygtteen. Post us yoru experience. i have you in my thoughts and prayers.


regards,

Dev
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Thank you Devastation,I have a good lawyer through Immigration Equality in new york city and he is doing a good job so far,he is very confident that I will get an approval.I am a bit scared and nerves about the interview.I will post my interview experience after i am done with it.
 
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