LGBT asylum

#1
Hello guys, First of all i am not really sure if thats the right place to post this topic so please excuse me.

Second, i want to ask you guys about few things i searched really hard for it and i didnt get an answer

Q1/ Should i apply asylum from the airport or after entering the US
Q2/ i'll be in vistor visa (B1) and as far as i know these kind of visas got expired after 6 months from the date that u entered the US if my visa got expired and i havent recevied my asylum decision what should i do?
Q3/ how usually LGBT asylum seekers wait? ( if u are a lgbt asylum seeker please share your experience)

Many thanks.
 
#3
Hello guys, First of all i am not really sure if thats the right place to post this topic so please excuse me.

Second, i want to ask you guys about few things i searched really hard for it and i didnt get an answer

Q1/ Should i apply asylum from the airport or after entering the US
Q2/ i'll be in vistor visa (B1) and as far as i know these kind of visas got expired after 6 months from the date that u entered the US if my visa got expired and i havent recevied my asylum decision what should i do?
Q3/ how usually LGBT asylum seekers wait? ( if u are a lgbt asylum seeker please share your experience)

Many thanks.
1. You should apply your case after entering the US but before the one year deadline. Doesn't matter if you apply while you're in the 6 month status or not. (I am saying this because i applied mine after my visa status was expired but before 1 year deadline)
2. I entered on B1/B2 visa as well but it doesn't matter if you receive your decision before or after you're out of 6 month status.Even if your visa expires but you have applied your case you'll still be allowed to stay.
3. There is no particular wait time for LGBT case type. Its all pretty much the same. But since USCIS is following "last in first out" rule so the processing is a lot faster.
I am lgbt asylum seeker myself. I applied in april'18 and got my interview notice within 2 weeks. The processing of cases has been a lot faster for people who applied for asylum this year.

Hope this helps you in some way. Good luck.
 
Last edited:

1AurCitizen

Registered Users (C)
#4
Hello guys, First of all i am not really sure if thats the right place to post this topic so please excuse me.

Second, i want to ask you guys about few things i searched really hard for it and i didnt get an answer

Q1/ Should i apply asylum from the airport or after entering the US
Q2/ i'll be in vistor visa (B1) and as far as i know these kind of visas got expired after 6 months from the date that u entered the US if my visa got expired and i havent recevied my asylum decision what should i do?
Q3/ how usually LGBT asylum seekers wait? ( if u are a lgbt asylum seeker please share your experience)

Many thanks.
Did you declare lgbt asylum intent at the b2 visa interview in your country
 
#8
1. You should apply your case after entering the US but before the one year deadline. Doesn't matter if you apply while you're in the 6 month status or not. (I am saying this because i applied mine after my visa status was expired but before 1 year deadline)
2. I entered on B1/B2 visa as well but it doesn't matter if you receive your decision before or after you're out of 6 month status.Even if your visa expires but you have applied your case you'll still be allowed to stay.
3. There is no particular wait time for LGBT case type. Its all pretty much the same. But since USCIS is following "last in first out" rule so the processing is a lot faster.
I am lgbt asylum seeker myself. I applied in april'18 and got my interview notice within 2 weeks. The processing of cases has been a lot faster for people who applied for asylum this year.

Hope this helps you in some way. Good luck.
Thank you very much!

You can apply anytime within 1st year of arrival...better to do it when you are in status
in status means while ur visa still valid right? Please correct me if i am wrong.

Did you declare lgbt asylum intent at the b2 visa interview in your country
No.
 
#11
Thank you very much!


in status means while ur visa still valid right? Please correct me if i am wrong.



No.
Yes till then, or after that if you extend status somehow, for example if you adjust status to h1b or something. Best is to apply during status, because instead of court you just need to get interviewed by immigration officer. If he denies you can get 2nd chance qith immigration judge. However if you are out of status your case directly goes to immigration judge.
I do want to add,you must apply within 1 year of entering usa. Other there are many other complications, irrespective of whether you are in status or out of status.
Best is once you get here, get your paperwork ready, hire a lawyer if you want and apply for it. The sooner the better but within 1 year is must, or you will have to prove situation got changed thats why you didnt apply first but now you are scared and that is another thing to overcome.
Good luck
 
#13
Yes till then, or after that if you extend status somehow, for example if you adjust status to h1b or something. Best is to apply during status, because instead of court you just need to get interviewed by immigration officer. If he denies you can get 2nd chance qith immigration judge. However if you are out of status your case directly goes to immigration judge.
I do want to add,you must apply within 1 year of entering usa. Other there are many other complications, irrespective of whether you are in status or out of status.
Best is once you get here, get your paperwork ready, hire a lawyer if you want and apply for it. The sooner the better but within 1 year is must, or you will have to prove situation got changed thats why you didnt apply first but now you are scared and that is another thing to overcome.
Good luck
Even if you apply your case after you're out of status, you don't go to immigration court directly. I applied mine after i was out of status and i got my interview with the immigration officer first. Then in case you're denied by the immigration officer, you get to go to immigration court.
 

7of9

Active Member
#14
Yep. .Gill. is correct. Status (in or out) has NO bearing on whether you apply for asylum on not. Asylum is a separate beast....anyone with a genuine case can apply, regardless of their status/situation/etc.
 
#16
Yes you're right. Its the way you enter the country. If thats the legal entry(any student visa or visitor visa or any other type of visa) then its the affirmative asylum and no matter what the status is, the first step is the interview with the immigration officer and then if you're denied, you are the removal proceedings and then you fight it in the court. But one enters illegally, they are directly in removal proceedings, thats the defensive asylum and there is no interview with the immigration officer, one has to go to court diretly.
 
#17
Yep, i remember now, however i fb you are in status. You dont go to rdmoval proceeding, i guess you can then marry and get green card, but if you are in removal proceedings other options dont work....it was something likd this that my lawyer told me best to dk in status in first year of entry
 
#18
When you apply your case(whether in or out of status) you go to the removal proceedings only if the immigration officer denies. Then when he/she refers you to the court, they mention your wrongdoing, which is usually overstaying the visa(when out of status)
for affirmative asylum seekers and another two are felony misdemeanour. And you're right about the adjustment of status. That also you can do whenever you want, in or out of status, doesn't matter.
 
#19
You dont go to removal proceedings if yoj are in status. I am 100% sure on that because my lawyer as well as immigration officer told me as well ghat i can stay on student visa and continue if i dont get it approved. That i am sure
 
#20
Yeah thats right for student visas because they don't have the 6 month validation. I was the talking about the visitor visas. Thats 6 months time, and eventually one goes to removal proceedings incase there is overstay and denial by the immigration officer.
 
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