J1 waiver and asylum

[phfa77]

Hi everybody
I'm new here
can anyone answer my question
can I apply for asylum and at the same time apply for J1 visa waiver HRR
by the way I'm a fulbrighter
one more question in fulbright program what are the chances of accepting a waiver on the basis of persecution.
thanks
May

 

[Greta B.]

waiver on the basis of persecution

You cannot apply for an asylum. For J-1 visa holders, you have to apply for the waiver on the basis of fear of persecution. And many sources would tell you that the standards of getting this waiver approved are more stringent than a standard asylum case.
As far as what your chances are, being a Fulbright scholar and all, totally depend on your case, and you should never take on dealing with this task alone. Consult an immigration lawyer before you apply to the USCIS and the State Department. When you apply with the I-612 to the USCIS and If the USCIS finds probable cause of persecution they forward the application to the State Department. Then you can submit your DS3035. The State Department asks the Bureau of Democracy, Human Rights and Labor, a unit within the state department, for their opinion regarding the persecution cases.