Hi there, I am a Pakistani national on a student visa F-1, been in the US for around 3 months now, I have a strong fear of persecution in my home country on account of my religion being a Protestant Christian, I have gone over the internet, read about my options and I believe that an asylum case would be the way to be free finally, can someone please guide me if I should do this on my own or get a lawyer, I am well versed, pursuing a degree in business and would like to continue to do that. But I would really ask for help from someone who has had a similar experience, i.e discrimination and persecution on account of religion.
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First Time Doing This!! Help and Advice Please!!
- Thread starter kelly123
- Start date
Hi there, I am a Pakistani national on a student visa F-1, been in the US for around 3 months now, I have a strong fear of persecution in my home country on account of my religion being a Protestant Christian, I have gone over the internet, read about my options and I believe that an asylum case would be the way to be free finally, can someone please guide me if I should do this on my own or get a lawyer, I am well versed, pursuing a degree in business and would like to continue to do that. But I would really ask for help from someone who has had a similar experience, i.e discrimination and persecution on account of religion.
Pakistan is a Muslim nation and they follow shareeaa law. You will definitely be persecuted if you go there. No doubt about it.
You have very strong case.
Hi there, I am a Pakistani national on a student visa F-1, been in the US for around 3 months now, I have a strong fear of persecution in my home country on account of my religion being a Protestant Christian, I have gone over the internet, read about my options and I believe that an asylum case would be the way to be free finally, can someone please guide me if I should do this on my own or get a lawyer, I am well versed, pursuing a degree in business and would like to continue to do that. But I would really ask for help from someone who has had a similar experience, i.e discrimination and persecution on account of religion.
If you can prove past persecution or potential future persecution if you return, then you have a good case.
Thanks guys, but I was just wondering, as proof of what going on there, can I submit web articles too, since I dont have access to the local newspapers from Pakistan and even if I did there wouldnt really be anything to contradict their own laws in them. So where do I look then.
asylee_boy
Registered Users (C)
yes, web article would work, get whatever u can get?
Google for the US State Department country conditions Pakistan. There is a section on religious conditions as to freedoms, rights and known violations of them and a link to a more in-depth study. The IJ will check it out. Also, check for changes as the case progresses, the IJ will.
You apply to USCIS and if they are convinced, that's the end. If USCIS is not convinced then it goes to Immigration Court. If the IJ is not convinced you can appeal to the BIA. If the BIA is not convinced you can appeal to the U.S. Circuit Court of Appeal covering where you file (find out which one you are in before you file for asylum). The Circuit Court is not convinced then all that is left is the U.S. Supreme Court.
In seeking asylum you need to show that you qualify under the statutory definition of a refugee, not be prohibited from asylum by partaking in persecution against others or by having committed certain crimes, and be otherwise admissible as an immigrant. You do not require a relative or employer as a sponsor or any affidavit of support, like other immigrants.
INA Sec, 101(a)
(42) The term "refugee" means:
(A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality,is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or
INA Sec. 208. (a) Authority to Apply for Asylum.-
(1) In general. - Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 235(b).
(2) Exceptions. -
(B) Time limit. - Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of alien's arrival in the United States.
(b) Conditions for Granting Asylum. -
(1) In general. - (A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A) .
(B) BURDEN OF PROOF-
(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A) . To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.
(ii) SUSTAINING BURDEN- The testimony of the applicant may be sufficient to sustain the applicant's burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant's testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant's burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence.
(iii) CREDIBILITY DETERMINATION- Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal c onsistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.
(d) Asylum procedure--
(4) Notice of privilege of counsel and consequences of frivolous application. - At the time of filing an application for asylum, the Attorney General shall -
(A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and
(B) provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis.
(6) Frivolous applications. - If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this Act, effective as of the date of a final determination on such application.
[Check the EOIR.gov website for pro bono attorneys and the roster of accredited representatives and organization for free or cheap legal advise. Watch out for unscrupulous people who want to coach you to lie about your situation. That always end bad.]
IF ASYLUM IS DENIED there is an alternative under the UN Convention Against Torture (CAT). To get CAT relief you need to convice the U.S that it is "more likely than not" that you will be tortured or killed if returned to your home country.
I suggest you visit the 9th Circuit Court of Appeals website and read through some cases on their Opinion pages. The cases are easy enough to find they all against the Attorney General (Holder, Mukasey, Gonzales....Reno...)
It's a tough road ahead and frought with peril..............
Make sure that it is right for you.
You apply to USCIS and if they are convinced, that's the end. If USCIS is not convinced then it goes to Immigration Court. If the IJ is not convinced you can appeal to the BIA. If the BIA is not convinced you can appeal to the U.S. Circuit Court of Appeal covering where you file (find out which one you are in before you file for asylum). The Circuit Court is not convinced then all that is left is the U.S. Supreme Court.
In seeking asylum you need to show that you qualify under the statutory definition of a refugee, not be prohibited from asylum by partaking in persecution against others or by having committed certain crimes, and be otherwise admissible as an immigrant. You do not require a relative or employer as a sponsor or any affidavit of support, like other immigrants.
INA Sec, 101(a)
(42) The term "refugee" means:
(A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality,is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or
INA Sec. 208. (a) Authority to Apply for Asylum.-
(1) In general. - Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section 235(b).
(2) Exceptions. -
(B) Time limit. - Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of alien's arrival in the United States.
(b) Conditions for Granting Asylum. -
(1) In general. - (A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A) .
(B) BURDEN OF PROOF-
(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A) . To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.
(ii) SUSTAINING BURDEN- The testimony of the applicant may be sufficient to sustain the applicant's burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant's testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant's burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence.
(iii) CREDIBILITY DETERMINATION- Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal c onsistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.
(d) Asylum procedure--
(4) Notice of privilege of counsel and consequences of frivolous application. - At the time of filing an application for asylum, the Attorney General shall -
(A) advise the alien of the privilege of being represented by counsel and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and
(B) provide the alien a list of persons (updated not less often than quarterly) who have indicated their availability to represent aliens in asylum proceedings on a pro bono basis.
(6) Frivolous applications. - If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this Act, effective as of the date of a final determination on such application.
[Check the EOIR.gov website for pro bono attorneys and the roster of accredited representatives and organization for free or cheap legal advise. Watch out for unscrupulous people who want to coach you to lie about your situation. That always end bad.]
IF ASYLUM IS DENIED there is an alternative under the UN Convention Against Torture (CAT). To get CAT relief you need to convice the U.S that it is "more likely than not" that you will be tortured or killed if returned to your home country.
I suggest you visit the 9th Circuit Court of Appeals website and read through some cases on their Opinion pages. The cases are easy enough to find they all against the Attorney General (Holder, Mukasey, Gonzales....Reno...)
It's a tough road ahead and frought with peril..............
Make sure that it is right for you.
I understand that BigJoe5 but I have tried to reach out to those people and none on them has come through, I have left messages and emails, I am still going to school so its kinda hard for me to get out and go to Miami to go hunt them down, so thats why I have decided to do it on my own, print out the reports and materials I need as proof, in addition to what I already have. I know it might not be the best of ways to do this, but I truly believe that what I have to say and what I put down in my affidavit is quite compelling and definitely grounds for persecution and asylum, its just that I need to put it all down the right way in that application. And all you guys' experience and help could greatly help me as it already has a whole lot. Btw I am not in court proceedings, I am in status and would be going for an affirmative action application.
See: http://www.justice.gov/eoir/statspu...zations & Accredited Reps By State & City.pdf
Organizations that can help you in Florida are not limited to Miami, those in the entire state are listed on printed pages 22-27. These organizations and specified individuals connected with those organizations that are listed here had to apply to the BIA for permission to provide assistance to immigrants in any immigration matters. Lawyers do not need to apply but lawywers can be barred from representing you in immigration proceedings and they are listed on the eoir. gov site also.
Someone among the legitimate legal community will have the needed skills to help you prepare your case to submit to USCIS.
An article:
http://www.nation.com.pk/pakistan-n...9-Oct-2008/Pakistanis-among-top-asylumseekers
Another article:
http://ijdh.org/articles/article_recent_news_6-3-07.php
Just trusting what you get in a blog (even a really good one, like this) is not enough. You are still within one year of arrival in the U.S. and have time to do the legwork in order to get the help you need to insure that you put the best case forward that you possibly can in your initial asylum request.
Organizations that can help you in Florida are not limited to Miami, those in the entire state are listed on printed pages 22-27. These organizations and specified individuals connected with those organizations that are listed here had to apply to the BIA for permission to provide assistance to immigrants in any immigration matters. Lawyers do not need to apply but lawywers can be barred from representing you in immigration proceedings and they are listed on the eoir. gov site also.
Someone among the legitimate legal community will have the needed skills to help you prepare your case to submit to USCIS.
An article:
http://www.nation.com.pk/pakistan-n...9-Oct-2008/Pakistanis-among-top-asylumseekers
Another article:
http://ijdh.org/articles/article_recent_news_6-3-07.php
Just trusting what you get in a blog (even a really good one, like this) is not enough. You are still within one year of arrival in the U.S. and have time to do the legwork in order to get the help you need to insure that you put the best case forward that you possibly can in your initial asylum request.
Hi there, thanks for all the help everyone, so I finally went ahead and got together all the stuff I could, mainly from the internet and I have sent in my application to the Texas service center, I mailed it via registered mail and got confirmation from usps that the package has been delivered on the 18th of November 2010. So I was wondering how long till it takes USCIS to respond to my application or are they still checking to see if everything is in there or not and if I need additional documents or not?
Allrite, so according to my USPS tracking number, it says that my package was delivered on the 18th of November, it has been over 10 days today, shouldnt I be hearing from the USCIS by now?
I mailed it to the TX service center, how long is their wait time usually.
I mailed it to the TX service center, how long is their wait time usually.
Ok so my interview is on the 13th of December, and since you guys know my application is based on religious persecution since I am a Christian from Pakistan, and I just saw this big article on MSN.com about this Pakistani Christian lady sentenced to death for fake blasphemy charges, how do I incorporate that into my application? Should I just go in and say hey idk if youv'e heard but this is whats going on, and relate to it? Or print out the article and show it to them? I know this has nothing to do with what happened to me, but can this be taken as a reference?
Ok so my interview is on the 13th of December, and since you guys know my application is based on religious persecution since I am a Christian from Pakistan, and I just saw this big article on MSN.com about this Pakistani Christian lady sentenced to death for fake blasphemy charges, how do I incorporate that into my application? Should I just go in and say hey idk if youv'e heard but this is whats going on, and relate to it? Or print out the article and show it to them? I know this has nothing to do with what happened to me, but can this be taken as a reference?
God will always be with you. Don't worry (Mark 11:24-25) (John 8:12) (Matthew 6:31-33)
You need to show copies of all web articles that support your case.
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hey my friend i am from Pakistan Lahore, I am a Christian came here on an F1 visa and was in the same deal as you are right now. my email id is sweetevil_007@hotmail.com contact me here and i ll tell you and help you with all that i can. i was granted asylum 20th April 2010. Contact me asap.
you brother is Christ
you brother is Christ