Help with Applying for Asylum

N

niceguy1900

New Member
Hello everyone,

I'm helping a friend going through some tough times and hope to get some advice from you guys....

Basically, the case is of a friend of mine who is 24 years old and came here in Jan 2004 as a G5 holder. [G5 is a domestic worker visa for a diplomat who worked in IMF]

When he landed, they stamped his I-95 to expire on Jan 7 2007.
So now, the diplomat has retired and is no longer a diplomat and my friend doesn’t work for him. My friend has to go back home. Problem is, he is from Afghanistan and in the past few months, there are bad things happening to where he lives.

Hi parents have run away to different part of the country and when they call him, they keep telling him to NOT come back or else his life would be in danger. The Reason? Because his grandpa was a respected elder in his home town and he headed a municipal election committee for his home town two years ago to put together the voting process for the locals. He was labeled as a traitor by some unknown/unlabeled people and that seems to have cost him his livelihood because he has been on the run along with his son and grandson [my friend's father and brother] for two years now leaving everything behind. What has changed in the last six months is the increase in the strength of those people to do harm and pass on verbal threats to his family. His hometown is about three hundred miles away from Kabul and thus far from government control or security.

He lives in a small town where everyone knows one another. People in his hometown know my friend is here for work and if he goes back, the guys after his grandpa are much eager to get their hands on him.

His grandpa called him couple weeks back and begged him not to come back. He even told him to go to any other country he can to find shelter from this threat.

I really feel for him and promised to help him. He doesn’t speak English well so I’m helping him figure out a way. I know his case is genuine, but problem is he doesn’t really have any tangible evidence. And He’s also scared of getting deported if he is denied….

If you have any advice, small or big, please don’t spare….

Big questions that I haven’t figured out are:

1. Is he still in legal status since his I-95 expires in Jan 07. He stopped working few months back since the person he worked for retired. Does it matter if he’s out of status.
2. What evidence does he need to have? He knows some people here from his country that know his situation and are readily available to sign affidavits. Is that sufficient?
3. What happens if he’s denied?


Thanks in advance for your help.

-niceguy1900
 
The situation of your friend is very complicated, since he has not been affected directly by the situation in his country. I think you should contact a lawyer with asylum experience and tell him the story. Please let us know where you are located, in case any of us knows any lawyer near by.

Also, as you are willing to help your friend read the asylee application:

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

And see by yourself if the case is strong or not. Good luck to your friend. Cl.
 
Dear Niceguy1900,

First of all, it's really nice of you to help your friend! Secondly, I am not sure how to answer all your questions because I don't know and like cl_asylee said it's better to talk to a lawyer, but one thing I wanted to tell you is that in my case, the persecution didn't happen to me directly. It happened to my parents and my younger sister. I was here when it all happened, but I convinced the IO that if I go I will face the same problem and based on that I was approved.

Try to get your friend to get any documentation that will help. For instance, any document that shows his grandfather's occupation before he left his town. Any newspaper clipping (if any) that showed what happened to his family. Also any email/letter correspondance that he might have with his family (in my case, I had included emails from my other relatives that described what happened to them as it was happening). Also, any article regarding the situation in Afghanistan that shows what happens to people who run municipal elections, etc... Also, he has to prove that what happened to his grandfather will happen to him to, for example, prove that his brother was affected and now he is hiding, therefore he will be in the same situation if he goes, etc...

Anyway, all I am trying to say is your friend doesn't have to experience the problems himslef, but if he can prove that he will face the same thing once he goes, I think it will work. I hope this helps.

Good luck to your friend.

PS. By the way, tell your friend to ask his grandfather and his parents/brother to write him a letter describing the problem and issues in a letter. Maybe he can use it too as evidence. But make sure he consult with a lawyer and show him/her everything he has.
 
niceguy1900 said:
Hello everyone,

I'm helping a friend going through some tough times and hope to get some advice from you guys....

Basically, the case is of a friend of mine who is 24 years old and came here in Jan 2004 as a G5 holder. [G5 is a domestic worker visa for a diplomat who worked in IMF]

When he landed, they stamped his I-95 to expire on Jan 7 2007.
So now, the diplomat has retired and is no longer a diplomat and my friend doesn’t work for him. My friend has to go back home. Problem is, he is from Afghanistan and in the past few months, there are bad things happening to where he lives.

Hi parents have run away to different part of the country and when they call him, they keep telling him to NOT come back or else his life would be in danger. The Reason? Because his grandpa was a respected elder in his home town and he headed a municipal election committee for his home town two years ago to put together the voting process for the locals. He was labeled as a traitor by some unknown/unlabeled people and that seems to have cost him his livelihood because he has been on the run along with his son and grandson [my friend's father and brother] for two years now leaving everything behind. What has changed in the last six months is the increase in the strength of those people to do harm and pass on verbal threats to his family. His hometown is about three hundred miles away from Kabul and thus far from government control or security.

He lives in a small town where everyone knows one another. People in his hometown know my friend is here for work and if he goes back, the guys after his grandpa are much eager to get their hands on him.

His grandpa called him couple weeks back and begged him not to come back. He even told him to go to any other country he can to find shelter from this threat.

I really feel for him and promised to help him. He doesn’t speak English well so I’m helping him figure out a way. I know his case is genuine, but problem is he doesn’t really have any tangible evidence. And He’s also scared of getting deported if he is denied….

If you have any advice, small or big, please don’t spare….

Big questions that I haven’t figured out are:

1. Is he still in legal status since his I-95 expires in Jan 07. He stopped working few months back since the person he worked for retired. Does it matter if he’s out of status.
2. What evidence does he need to have? He knows some people here from his country that know his situation and are readily available to sign affidavits. Is that sufficient?
3. What happens if he’s denied?


Thanks in advance for your help.

-niceguy1900
Click to expand...
I think his grandpa been labelled a traitor does not qualify for asylum.It is based on persecution because of belonging to a certain group.If his family were harmed in a way and he can prove it then he can apply.Also the fact that they moved to a safe place, the immigration officer will tell you to go to that safe part of the country.You need to prove that the threat or harm will follow you as long as you are in any place that country.
If he is out of status he need to prove exeption for one year rule.Change in country condition and personal circumstances.
 
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