H1b and Assylum

[tot-batot]

Guys please advise,
I am from Pakistan and belong to Ahamdiya community. This community is subjected to immense persecution in Pakistan and I personally have experienced some of it while I was in Pakistan.
I moved to US in 2001 on H1b Visa and applied for my GC, now the situation is very critical on my H1b and I am leaning towards for applying asylum. I am wondering what are the chances of applying asylum at this point in time.

Please Advise
RB

 

[ASSYLEE]

Guys please advise,
I am from Pakistan and belong to Ahamdiya community. This community is subjected to immense persecution in Pakistan and I personally have experienced some of it while I was in Pakistan.
I moved to US in 2001 on H1b Visa and applied for my GC, now the situation is very critical on my H1b and I am leaning towards for applying asylum. I am wondering what are the chances of applying asylum at this point in time.

Please Advise
RB

Do it! But PLEASE don't try to apply on your own so hire a good lawyer. If you have suffered past persecution and can prove it, go for it.

 

[Triple Citizen]

Use a lawyer. You may be questioned with regards to why it took you 6 years to decide on filing for asylum. Good luck!!!

I moved to US in 2001 on H1b Visa and applied for my GC, now the situation is very critical on my H1b and I am leaning towards for applying asylum.

 

[Eddy Wang]

Guys please advise,
I am from Pakistan and belong to Ahamdiya community. This community is subjected to immense persecution in Pakistan and I personally have experienced some of it while I was in Pakistan.
I moved to US in 2001 on H1b Visa and applied for my GC, now the situation is very critical on my H1b and I am leaning towards for applying asylum. I am wondering what are the chances of applying asylum at this point in time.

Please Advise
RB

maybe over 1 year limit. must use a good laywer.

 

[ASSYLEE]

maybe over 1 year limit. must use a good laywer.

1 year rule does not apply if you remained in status the whole time up until filing for asylum. From what you have said, I'm assuming you are still on H1- B status. I was in the country for longer than a year and "in status" and was able to apply for asylum without having to show "change in country condition" or any other plausible explainanation for taking longer than a year to apply.

You should apply as soon as you can and go the Affirmative Asylum route if you remain in status. If you remain in status and the decision is made by the Immigration Officer to deny, you will receive a Notice of Intent to Deny which you will have a chance for a rebuttal. If you fall out of status when your case is still pending, you will be referred to an IJ. Hopefully you wont' need to rebut or deal with an Immigration Judge since you say you can prove past persecution. The Ahmadi community in Pakistan is definitely a group that has a well-founded fear of persecution. Good luck!!

 

[Lazerthegreat]

1 year rule does not apply if you remained in status the whole time up until filing for asylum.

ASSYLEE! Please do not pass false information. Whether you are in status or not, this 1 year rule applies. I like your name tot-batot and I know the story behind your name also...

I would recommend getting a good lawyer and don't attempt it by yourself. The biggest challenge for you would be to explain why you waited 6 years. Furthermore you know now the officer has to determine that you were persecuated in the past and also you have well founded fear of future persecution. Both needs to be proved. So get a good lawyer and make sure you prepare your case well.

good luck and ask me if you have further questions.

 

[jonny1]

one year deadline is a big issue! The law says that applicants are ineligible for asylum if they apply after one year of their presence in the US. The exception is that if you can show changed or extra ordinary circumstances and apply within reasonable time even if any of the two circumstances apply. Since you have remained here in the US for over 6 years, you have very little chance of getting asylum even after you show any of the circumstances as you didn't apply within reasonable time. Your case will be rejected by the asylum office but, you may get WITH HOLDING OF REMOVAL protection from an immigration Judge if you can prove you have past or have future persecution if you are returned to your country Pakistan. but that protection only allows you to stay in US and get SS card and work permit, but you can't get green card in future or can travel outside the country and you can't also file petition to bring your family .

 

[ASSYLEE]

ASSYLEE! Please do not pass false information. Whether you are in status or not, this 1 year rule applies. I like your name tot-batot and I know the story behind your name also...

I would recommend getting a good lawyer and don't attempt it by yourself. The biggest challenge for you would be to explain why you waited 6 years. Furthermore you know now the officer has to determine that you were persecuated in the past and also you have well founded fear of future persecution. Both needs to be proved. So get a good lawyer and make sure you prepare your case well.

good luck and ask me if you have further questions.

I could've SWORN that I didn't answer any questions regarding why it took me longer than a year to apply for asylum. I know I did not have to demonstrate any changed country conditions or anything and I applied for asylum more than a year after my last entry into the US. But if that information is false, I apologize. I will double check with my attorney regardles... Good luck! When did you last enter the US, tot-batot?

 

[droopy]

One year rule does not apply if you stay in status.

 

[ASSYLEE]

ASSYLEE! Please do not pass false information. Whether you are in status or not, this 1 year rule applies.

LAZER! It looks like YOU are the one passing "false information." Time spent in the US with a valid visa, also known as being "in status" does NOT count towards the 1 year rule. I double checked with my lawyer. Also came across this web page.

http://immigration.lawyers.com/Political-Asylum.html


From what the original poster reported, he is still in H-1 status although he said it may be in jeopardy.

SOO...in your FACE! Haa ha..I was right..you were wrong...

 

[GodSaveAll]

Exception to 1-Year Deadline

Hi Guys,

I found the following info on the INS site, which may help clarify sth about the 1-year deadline:

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b878d36ac175af6d38a28f5876c6e08e

(5) The term "extraordinary circumstances" in section 208(a)(2)(D) of the Act shall refer to events or factors directly related to the failure to meet the 1-year deadline. Such circumstances may excuse the failure to file within the 1-year period as long as the alien filed the application within a reasonable period given those circumstances. The burden of proof is on the applicant to establish to the satisfaction of the asylum officer, the immigration judge, or the Board of Immigration Appeals that the circumstances were not intentionally created by the alien through his or her own action or inaction, that those circumstances were directly related to the alien's failure to file the application within the 1-year period, and that the delay was reasonable under the circumstances. Those circumstances may include but are not limited to:

(iv) The applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application;