H1B to Asylum 2009

H

HaYYaT

Registered Users (C)
Dear Friends need some advice,

I entered in USA since 2006 with valid H1B Visa. My Visa (3 years) as 1st session is going to expire on month of Sept 2009. I am just deciding to apply for asylum in month of August.

Basically I am from Pakistan and belong to Ahmaiya community. This community is subjected to immense persecution in Pakistan. Now a day Many Ahmadi are been killing by Extremist people who have big Religion hold in Pakistan. Last month one Ahmadi was killed on 29th May 2009 in Pakistan.

As personally I have experienced some issues when I was in Pakistan.

Just wanted to know if I go with Asylum what is the probability that my case will be accepted.

I have heard from other people that if I apply for Asylum, I will be rejected by USA Immigration Officer because there are rules for Asylum that has to be applied within one year when you have entered in USA. I am not sure is this rule is same or has been changed?

More over that last time I was visit to Pakistan on NoV 2008 for engagement and back on same month.
My parent and youngest brother are in USA since 2000; they have green card and will be applying for USA citizenship in the last month of year.

Please any advice that what I have to do? as I come to know that H1B Renewal / extension is going very worse so that why I am thinking for Asylum because I don't like go back to Pakistan and don't wanted to put my life in hand of extremist.


I Will be Really Appreciate Advice !
 
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You Visited Pakistan in Nov 2009??

Are you saying that you visited Pakistan in Nov 2009?
Make sure you double check your application before you send it since USCIS is just looking for this kind of errors to conclude that you were inconsistent.

It is my understanding that you may still qualify if there are fundamental changes in your country of origin or in your personal circumstances that will make you eligible.
 
ViaPalermo thanks for reply...


No, I was visited to Pakistan last year for my engagement Nov 2008. There was reason for this situation because the girl I am being engaged is from XYZ Middle East country. I hadn't apply visa for XYZ country because of the formality that required by XYX embassy. I had no such time to go for it...

When I entered to Pakistan, It was really hard hours to find out the Airport Taxi who let me home because few hours ago there were clashes between two (A & B) different groups (related to cast).

My house is located on the place where ( A ) group asked forcedly for the donation every month, especially they look for that home whose member visited/recently coming from foreign country.
If you do ignore them, they have different method (e.g.. Robbery, Attack, snatched Car or motor bike, Mentally torches by following you where do you go and etc. ) to get your money that you have earned from different country for you future. The worse case is Kidnapping, (by the kidnapping victim life depend on Kidnaper hand). Some time they killed after ransom because they suspect if victim identify them with help of police.

some people belong to "A" group lives nearby home, When they came to know I am here to visit home country so they came and asked me for donation, for to get rid from them I gave some bucks ,but they replied that you are coming from USA , it is not permitted to give little bucks. I was shocked and did excuse to them that I came here emergency to see my sibling.
This time if I go back to home country, they will do something to me because in their opinion I am back with lots of money. (And this is true that I made some money here with H1B status).

As this concern what I said above Is it enough for me to get Asylum or Am I illegible to apply for asylum on month of August 2009 before ending of My H1B Visa which is September 2009?
 
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Asylum officers also look at the latest departement of state report for your country. If the report supports your claim, then your case might be strong.
 
HaYYaT said:
Dear Friends need some advice,

I entered in USA since 2006 with valid H1B Visa. My Visa (3 years) as 1st session is going to expire on month of Sept 2009. I am just deciding to apply for asylum in month of August.

Basically I am from Pakistan and belong to Ahmaiya community. This community is subjected to immense persecution in Pakistan. Now a day Many Ahmadi are been killing by Extremist people who have big Religion hold in Pakistan. Last month one Ahmadi was killed on 29th May 2009 in Pakistan.

As personally I have experienced some issues when I was in Pakistan.

Just wanted to know if I go with Asylum what is the probability that my case will be accepted.

I have heard from other people that if I apply for Asylum, I will be rejected by USA Immigration Officer because there are rules for Asylum that has to be applied within one year when you have entered in USA. I am not sure is this rule is same or has been changed?

More over that last time I was visit to Pakistan on NoV 2008 for engagement and back on same month.
My parent and youngest brother are in USA since 2000; they have green card and will be applying for USA citizenship in the last month of year.

Please any advice that what I have to do? as I come to know that H1B Renewal / extension is going very worse so that why I am thinking for Asylum because I don't like go back to Pakistan and don't wanted to put my life in hand of extremist.


I Will be Really Appreciate Advice !
Click to expand...

I came on 2001 under B-1 and then transfered to H-1 in 2001. Applied for Asylum in 2002. I got in my 1st interview. I advise you to not to apply asylum in August. If you can try to get the extension for H-1 and then apply for asylum. Because....... (I can't explain everything in this forum). If not apply for asylum now. dont waight untill last minut. But then the chance is less.

If you have any proof of physical injeries connected with your case- such as x-rays or medical reports, If the life threatning insident happens less than one year from the date of application, If the insident is personely effect to you - not just a commen for all of your community, If you can prove that you dont have any solution from the lae enforcement agencies in your country, If the case is political and not terorist activity, If you have proof on this incident through news papers or country reports etc, and also you educational qualifications and experience is important for USA, Then most probably you will get the asylum. (95%).

http://www.uscis.gov/files/nativedocuments/AffrmAsyManFNL.pdf

http://www.rmscdenver.org/aobtc/AffirmativeAsylumProcessProcedures.pdf


Read this asylum officers manual carefully before applying. Then apply your self. That is how I did.

But I applied asylum just after getting H-1. , Only risk is Now you are too late. But one thing is clear. theu will not deport you untill the end of your employer sponsered visa period. good luck.
 
eljay,

Thanks a lot for the info that you provide.
Well this is true within nick of time can't be explain everything in forum.
Really appreciate for the time to read and reply.

Friend Just I want to know chances of approval.

Do the old petition about 10 years can be helpful to be recent Asylum case if I apply for 2009?

My 1st Asylum case was submitted on 1999 by my father when he visits USA and applied for Asylum for us (family) , As his case has been approved but my case was rejected after reveiwing because I was 22 years old at that time.

My Question is that if I do apply for 2nd Asylum by myself with help of lawyer, As I am in USA now with H1B status; can I add my old case as reference to get more chances for asylum approval?
 
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eljay said:
and also you educational qualifications and experience is important for USA, Then most probably you will get the asylum.
Click to expand...

Do they really take education into a consideration before they make a decision? wow, this is a new info for me. I hope they do look at the education/skills level..
 
No any Idea that decission is base on qulification or experince? If they do so

Yes, I do have master degree with 7 years of experience in IT filed include 2 years of experince with multinational company as contractor.
If really my old Asylum cases will be gone very helpful to me, so for now I will start find out all the doc and do managed so at the time Of Asylum I can give as Reference to New Asylum case.

I have some info that I know about the my status when case was in consideration.

1 : Apply Asylum on March 1999 ( Dad Apply for Asylum ).
2 : Interview on March 1999 ( Dad Intrview )
3 : Approval for Asylum June 1999 ( Notice Approved )
4 : Receipt from USCIS on July 1999 ( For Me )
5 : Case denied for me on March 2000 (Over Age of 21).

Well is this enough info to provide at the time interview with Asylum Officer (might be he justify my case) !!
 
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No Educational Level does not Count!!!

The officer might be sympathetic to you because of you level of education but it is not a ground for asylum and make sure you meet the definition of refugee!!!
Don't forget that the AO decision will be reviewed by his/her boss.
 
HaYYaT said:
No any Idea that decission is base on qulification or experince? If they do so

Yes, I do have master degree with 7 years of experience in IT filed include 2 years of experince with multinational company as contractor!
Click to expand...

Surely, you will be a great asset to the US because of your education/experience but unfortunately the law doesn't care about your education. I have a US degree and I do hope that they look at it when making a decision but once again, the law doesn't care about education at all.

Asylum is only for people who don't have home because of a fear based on future or past persecution. If your case is strong, then don't worry

AO might look at your eduction because you will not end up asking for a food stamps if you get approved.
 
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I do not say they will grant asylum based on the education or experionce. But it will change the way that asylum officer looking at you. Example, If you are in medical field, they will not think you are applying to stay hear just for an employment. Because you can go to any developed country to get ajob. Dont read my input like a atorny. I wrought what I think about this problem.
About your father's case, It might be helpfull acording to the way it effected to you.
Eaxample, Your father and family had some deth thret from some one or a group in your country then he came to USA. after he left your country, you had problems because of father. (they want to take revange) , you manage to come hear under H-1B, But they might going to take revange when ever after your return. You had some experiences (not older than 1 year). So at the end of H-1 period you might be afraid to go back to your country. with solid proof and suporting documents you might try. This is just an example incident, not an advice. You have to apply based on the real experiences what you have.

Some other immigration guru's might give you better advices or they will correct me if I am wrong.

I know one of my freing applied after 3 years being in USA, based on an through incident. They accepted the case.
 
Thanks eljay ... ,

Really appreciate the way of your view on my matter ....

My 1st preference is to go for H1B { depend on my employer (Regular or PP) } , if my extension doesn’t work then I have to use my last option as Asylum...

I am just wondering, for suppose my extension deny by USCIS on the same month of expire (September 2009). Am I able to apply for Asylum on same month or Will I get enough time to submit Asylum application on month of (October) ... I meant after the expire date of H1B !!

As I said previous that my case was registered as Refugee about 10 years ago.

Now I am in USA by help of H1B and looking myself to be in protected country.
 
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