Left country and now back HELP!

[iwannatravel]

Okay folks, I am 20 years of age and my father requested asylum back in 2004 and it was approved in 2007. In 2008 I had some personal problems and I decided to go back to COP (Venezuela) where I spent about 9 months and then went to Spain for about 3 months. Now I am back in the USA as a tourist (entered with an EU passport) and well I would like to stay in the USA. My family talked to an Immigration attorney and said that even though I left the country my asylum is technically not canceled unless I go to court and it gets canceled. Now, me being a 20 year old can I just request to enter back to my father's asylum or.....What can I do? I am confused and don't have much money to spend in attorneys and I am turning 21 in a few months and I know after that it will be really difficult. Any advice on what can I do? Thanks in advance!

 

[dave_bj]

can I just request to enter back to my father's asylum

Are you a derivitive asylee of your father? Meaning, did he actually file an I-730 Refugee/Asylee petition for you and was it approved? If he did, you would not need to "re-enter" your father's application. Just start preparing the paperwork for a GC application and mucho dinero ($1,010).

NOW, if he didn't, we have a few problems:

1. He was supposed to do it within 2 years of him being granted asylum. You need to find out the exact date he was granted asylum in 2007 because that deadline has passed or may pass very soon!!!

2. You now have a passport from a EU country and you can not claim asylum status with Spanish citizenship. Do you still have your old Venezuelan passport?? And were you fingerprinted/eyes scanned when you last entered the US?

I am curious to see what others have to say.

 

[cafeconleche]

Eyes scanned? Do they do that? It never happened to me.

 

[dave_bj]

Yes. My brother got his GC 3 years ago. And on his recent trip into the US, his eye was scanned. I am not sure if it is kept on file or if they just compare it to a database right there and then.

 

[iwannatravel]

Asylum was approved over two years ago. My dad didn't fill out an I-730 application because I was on the I-589 application. When I came back to the USA my fingerprints were taken but I didn't get my eyes scanned although that does not change anything because they got my fingerprints. My brother was in the same situation and he talked to an immigration lawyer and they said that he could go to court and in front of an Immigration Judge explain why he went back to Venezuela and got his EU passport, etc. The attorney said that there was a 50-50 chance in winning the case. Anything you could say about this?

 

[cafeconleche]

They're scanning eyes now????? Holy crap, scary! I mean, I know they have the technology for things like NEXIS and stuff, but for others?

 

[dave_bj]

Iwannatravel,

I was under the impression that you were not an asylee until your father filed an I-730 for you, even if you were included in his I-589 application. Your father is the asylee, and you would be a derivative asylee provided he filed the I-730 for you.

Sorry to hear that the 2year deadline for your father to file the I-730 has passed. HOWEVER, there is hope. On the I-730 application instructions, it says: The two-year limitation may be waived by USCIS for humanitarian reasons. If you are requesting a waiver, please attach a detailed explanation why the waiver should be approved. This is -in my humble opinion- your best chance to straighten things out. Thoughroughly review you personal situation and find out what humanitarian reasons you can find to convince USCIS that they should consider your late I-730. Regardless, this should be submitted BEFORE YOU TURN 21.

Also, I want to warn you that your EU citizenship might pose problems in the future. It's hard to claim asylum in the US when you were apparently able to resettle in a country (Spain) other that the one where you fear persecution (Venezuela). Remember that you entered the US with an EU passport and were fingerprinted at the port of entry. USCIS will ask you for a copy of your passport. Which will you send them? The EU passport you entered with (with your Visitor I-94) or the one one from Venezuela? Have you thought about this?

Finally, this is your future. You need to do everything you can to get the assistance of a reputable lawyer. If you think you can't afford one, let me ask you this: Can you afford to return to Venezuela?