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taurusborn
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ArgenLibanes
Registered Users (C)
aquaman said:
Only a juge can terminate Asylum. The USCIS cannot and does not send a notice of intent. There is something very fishy here...
ArgenLibanes
Registered Users (C)
thankful said:
Read the law. Asylum can only be revoked by a juge
ArgenLibanes said:
Can you please cite "the law" before spreading false information and leading people astray???
Here is the REAL law of the United States:
8 C.F.R. 208.24 (2006)
(a) Termination of asylum by the Service . Except as provided in paragraph (e) of this section, an asylum officer may terminate a grant of asylum made under the jurisdiction of an asylum officer or a district director if following an interview, the asylum officer determines that:
(1) There is a showing of fraud in the alien's application such that he or she was not eligible for asylum at the time it was granted;
(2) As to applications filed on or after April 1, 1997, one or more of the conditions described in section 208(c)(2) of the Act exist; or
(3) As to applications filed before April 1, 1997, the alien no longer has a well-founded fear of persecution upon return due to a change of country conditions in the alien's country of nationality or habitual residence or the alien has committed any act that would have been grounds for denial of asylum under § 208.13(c)(2).
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(c) Procedure. Prior to the termination of a grant of asylum or withholding of deportation or removal, the alien shall be given notice of intent to terminate, with the reasons therefor, at least 30 days prior to the interview specified in paragraph (a) of this section before an asylum officer. The alien shall be provided the opportunity to present evidence showing that he or she is still eligible for asylum or withholding of deportation or removal. If the asylum officer determines that the alien is no longer eligible for asylum or withholding of deportation or removal, the alien shall be given written notice that asylum status or withholding of deportation or removal and any employment authorization issued pursuant thereto, are terminated.
(d) Termination of derivative status. The termination of asylum status for a person who was the principal applicant shall result in termination of the asylum status of a spouse or child whose status was based on the asylum application of the principal. Such termination shall not preclude the spouse or child of such alien from separately asserting an asylum or withholding of deportation or removal claim.
(e) Removal proceedings. When an alien's asylum status or withholding of removal or deportation is terminated under this section, the Service shall initiate removal proceedings, as appropriate, if the alien is not already in exclusion, deportation, or removal proceedings. Removal proceedings may take place in conjunction with a termination hearing scheduled under § 208.24(f).
[emphasis added]
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thankful said:
Thankful,
You seem to be very experienced in this staff. Can you tell a little bit about the procedure? They really have to catch your butt in order to initiate termination, right? Do you remeber from the top of your head any cases of termination and what were those cases about?
Yes very scary indeed!
I hired a Lawer. He intended to extend the date of the hearing, but it was denied. It is very soon now. They say they have reliable evidence that I returned to my country availing to the protection of such country. That I will have the opportunity to explain why and that my lawer will have the opportunity to explain his arguments. And then they will review the information carefully.
I hired a Lawer. He intended to extend the date of the hearing, but it was denied. It is very soon now. They say they have reliable evidence that I returned to my country availing to the protection of such country. That I will have the opportunity to explain why and that my lawer will have the opportunity to explain his arguments. And then they will review the information carefully.
Aquaman: Bottomline, Did you return to the country that you fear persecution from? How can anyone advice you without knowing whether you went back or not? Under what circumstances did you go back?
What proof do you think they have to support their case?
How did you case become visible to the Immigration? Did you have any contact with them? was it through an application for adjustment of status?
What proof do you think they have to support their case?
How did you case become visible to the Immigration? Did you have any contact with them? was it through an application for adjustment of status?
Ok here is the story. I am very Paranoic with all this.
I did go back to my country. I went through a neighbour country, crossed the border without my passport. I did not want to have any record of my staying there. No stamps whatsoever but not because of US, (I really never thought about that) but because I really run the risk of being killed there. I stayed for 10 days, and went back to the neighbour country the same way.
The reason of my trip there was because my father was very sick, and I really needed to see him, I would have never forgive myself if anything happend to him while I am here.
When I came back, I entered without any problems and after aproximately 4 months I received this letter.
If anyone can give me positive advice I would appreciate it. I really don't want to hear judgements or negative comments. I am very affected by this for many reasons. First, I am afraid of going back. Second, I have builded a life here with a lot of hard work. Thank you in advance for your understanding and good advice.
Applied for asylum July 2001
Granted Nov. 2003
Notification Date Feb. 2005
Waiting?
I did go back to my country. I went through a neighbour country, crossed the border without my passport. I did not want to have any record of my staying there. No stamps whatsoever but not because of US, (I really never thought about that) but because I really run the risk of being killed there. I stayed for 10 days, and went back to the neighbour country the same way.
The reason of my trip there was because my father was very sick, and I really needed to see him, I would have never forgive myself if anything happend to him while I am here.
When I came back, I entered without any problems and after aproximately 4 months I received this letter.
If anyone can give me positive advice I would appreciate it. I really don't want to hear judgements or negative comments. I am very affected by this for many reasons. First, I am afraid of going back. Second, I have builded a life here with a lot of hard work. Thank you in advance for your understanding and good advice.
Applied for asylum July 2001
Granted Nov. 2003
Notification Date Feb. 2005
Waiting?
Good Question Kalvar. It would be interesting to know the source of the Immigration tip on your visit back home. This way you can build strategy.
If you had not initiated contact with Immigration for any reason. I wonder why they "picked you out." I say this because with all the millions of Asylum applicants, why would their attention be on you, unless of course someone TIPPED them off?
If you did infact try to maybe submit an application and then got that "intent to revoke" I would imagine that there may have been some red flags. E.g. Visiting neighbouring country, one would wonder what you were doing there... if not to sneak across, but again that would have meant they put your case under a MAJOR microscope. Where is the time and resources to do that for every case?
I should believe your attorney should be in a position to find out, what kind of "evidence" they have on you. Any thoughts, plan of action by your attorney?
You should also not forget, it could be someone IN the U.S. Who has it for you? I speculate on this because really you have to know what evidence is against you if you have to fight it.
Positives: You have an attorney, hopefully this is someone who is good and is giving you some great advice and has a plan of action. More importantly, he/she is giving you HONEST overview.
- As much as you may not want to hear critic, it is important for you to listen to different aspects. It keeps you focused on your situation. Do not fall under any dillusions just because you are afraid of reality. Continue to research and get different opinions, you may get someone who was successfull with a case such as yours.
I certainly wish you success, don't give up a fight. I should also suggest that you make a plan "B". Should things not go in your favor.
If you had not initiated contact with Immigration for any reason. I wonder why they "picked you out." I say this because with all the millions of Asylum applicants, why would their attention be on you, unless of course someone TIPPED them off?
If you did infact try to maybe submit an application and then got that "intent to revoke" I would imagine that there may have been some red flags. E.g. Visiting neighbouring country, one would wonder what you were doing there... if not to sneak across, but again that would have meant they put your case under a MAJOR microscope. Where is the time and resources to do that for every case?
I should believe your attorney should be in a position to find out, what kind of "evidence" they have on you. Any thoughts, plan of action by your attorney?
You should also not forget, it could be someone IN the U.S. Who has it for you? I speculate on this because really you have to know what evidence is against you if you have to fight it.
Positives: You have an attorney, hopefully this is someone who is good and is giving you some great advice and has a plan of action. More importantly, he/she is giving you HONEST overview.
- As much as you may not want to hear critic, it is important for you to listen to different aspects. It keeps you focused on your situation. Do not fall under any dillusions just because you are afraid of reality. Continue to research and get different opinions, you may get someone who was successfull with a case such as yours.
I certainly wish you success, don't give up a fight. I should also suggest that you make a plan "B". Should things not go in your favor.
Under the Microscope
Pinkie, thank you for your advice. You seem to know about this. Yes I am under the microscope, I have been for a while very unfairly, for a trip I did to Alaska with an arab friend. We were riding motorcycles but once my friend run out of gas and while I went to get some, a park ranger helped him out, but he reported the event to Homeland Security. And then all the radars were over us. A libanese in Alaska: it raised all the red flags. Since then every time I come back into the country, they take me to the secondary rooms in immigration, I have been there so menay times, that I already know many of the officers.
My lawer tried to delayed the interview, but I received a letter denying it. And telling us that I will have my opportunity to explain my reasons of going back, and my lawer his arguments. Plroblem is, that since I don't know what kind of evidence they have, I don;t know wether to deny it or accept it explaining my reasons. I guess that under the freedom and information act, I have the right what kind of evidence they have. But I just can't think of what they could have.
Any thoughts.
Thanks,
Pinkie, thank you for your advice. You seem to know about this. Yes I am under the microscope, I have been for a while very unfairly, for a trip I did to Alaska with an arab friend. We were riding motorcycles but once my friend run out of gas and while I went to get some, a park ranger helped him out, but he reported the event to Homeland Security. And then all the radars were over us. A libanese in Alaska: it raised all the red flags. Since then every time I come back into the country, they take me to the secondary rooms in immigration, I have been there so menay times, that I already know many of the officers.
My lawer tried to delayed the interview, but I received a letter denying it. And telling us that I will have my opportunity to explain my reasons of going back, and my lawer his arguments. Plroblem is, that since I don't know what kind of evidence they have, I don;t know wether to deny it or accept it explaining my reasons. I guess that under the freedom and information act, I have the right what kind of evidence they have. But I just can't think of what they could have.
Any thoughts.
Thanks,
ArgenLibanes
Registered Users (C)
ALL asylees/Refugees go to secondary immigration if using RTDs... i don't know why you think it is only you.