Living on a prayer. My future's uncertainty is killing me. Do I have hope?

[Hope20]

Hello everyone,
i am extremely stressed out as if my life is about to be over. I reside in Los Angeles and I am Middle Eastern and a citizen of a EU member country. I applied for asylum based on racism, discrimination and xenophobic and racial violence towards me.

Background:
I came on a F1 visa and I graduated college with a degree in registered nursing in December 2016 and then I had 60 days to leave. When I realized I had to go back memories came back and I couldnt just bare it and couple days later I broke down in a busy street, was transported to the ER and was diagnosed with panic attack/anxiety based on that.
A week later I met with an attorney and filed for asylum based race and discrimination.

I had my interview mid July and 2 weeks after I got the soul crushing news that I was referred to immigration court on the second week of September.
Before I reconsult with my attorney (and pay more to prepare my case) I just wanted to get some info from you helpful people so that I could ease my mind hopefully.

My biggest fear is having to go back. This option does not exist for me. I have absolutely nothing back there and never had. I have everything here. I am fully integrated here. I would be on suicide watch if i was back there. I would lose everything.

Despite that and having a degree in a medical field that faces a big shortage in the US, I have also created and written a show ( dark comedy series) which we will start filming in a couple of weeks. I m not just saying it cause I wrote it but this one has many people interested and I have experienced people from the industry working for me for free because they believe in it and that we could sell it/get distribution and then I m able to pay these (around 10) people properly. I have no doubt this show will create a buzz and I can employ people and built up a something really positive. Literally, my life depends on that project so I am not messing around with it.
With that and my registered nursing degree plus with my love for this country I have no doubt I will be a successful immigrant story.

Is that a good thing for my case?
Could I get a cancellation of my removal order if I dont get asylum so that I would have time to work on my project and therefore, if i get an agent I could apply for O1 visa?
Does prosecutorial discretion apply here with me being able to possibly employ US citizens and/or work in a medical field where the US has a big shortage?
Or could my attorney ask for my individual hearing to be way in the future so that I have time to accomplish all that above mentioned?

Any answer is helpful appreciated.

 

[Ari95]

I'm sorry to hear about your situation.

You mentioned that you are a citizen of a EU country and I think that makes things harder for them to grant asylum because the EU is generally considered safe.

You should consult your attorney and see if other services are available especially since you have a nursing degree and nurses are needed.

 

[tinaina]

I am sorry you are going through this and I understand how it feel to go back to a country you have horrible memory.
Unfortunately, I don't think your case is strong for asylum as you have already protection from an EU country that probably is a safe country to live unless it is some country like Ukraine.
Your story and your usefulness in USA is not important for the judge.
Only your safety is what they will be questioned and if you mentioned by going back you harm yourself or you will commit suiside, this makes your admission to USA way harder as people who harm themselves or others are not welcome here.
So be careful of your wording.
I wish USA had better way to give residency to people who are benefits to USA but they don't.
I would say maybe those film stadio can sponsor you and provide you green card but I am not sure you are in valid status to be able to do that.
Just so you know USA is not the last resort and you can find happiness if you want.
Please don't harm yourself and if you get to that place try to ask for help.

 

[Mrhammed]

I hope you get asylum, if not apply for an o1 visa or tell the film company you're working with to sponsor you for a visa or apply for the diversity lottery visa

 

[Hope20]

I'm sorry to hear about your situation.

You mentioned that you are a citizen of a EU country and I think that makes things harder for them to grant asylum because the EU is generally considered safe.

You should consult your attorney and see if other services are available especially since you have a nursing degree and nurses are needed.

I thought so too but then i looked up the asylum decision statistic of Trac.syracuse (sorry this sire wont let me post link).

I saw people from countries like UK, Germany, France were granted asylum in around 50% of the time. Its not just safety. There is a famous case of an Afghan family with German citizenship who were granted asylum based on racism in Germany.

 

[Hope20]

I am sorry you are going through this and I understand how it feel to go back to a country you have horrible memory.
Unfortunately, I don't think your case is strong for asylum as you have already protection from an EU country that probably is a safe country to live unless it is some country like Ukraine.
Your story and your usefulness in USA is not important for the judge.
Only your safety is what they will be questioned and if you mentioned by going back you harm yourself or you will commit suiside, this makes your admission to USA way harder as people who harm themselves or others are not welcome here.
So be careful of your wording.
I wish USA had better way to give residency to people who are benefits to USA but they don't.
I would say maybe those film stadio can sponsor you and provide you green card but I am not sure you are in valid status to be able to do that.
Just so you know USA is not the last resort and you can find happiness if you want.
Please don't harm yourself and if you get to that place try to ask for help.

Thank you for your responds. But its not just safety and war torn countries. I see hundreds if not thousands of people getting asylum from very safe countries like Lithuania, Armenia, but also over 50% granted rate for people from Germany, UK etc.

 

[Hope20]

I hope you get asylum, if not apply for an o1 visa or tell the film company you're working with to sponsor you for a visa or apply for the diversity lottery visa

Thank you my friend. But what about the time between master calendar hearing and individual hearing? Could I ask for it to be longer like 1 or 2 years?

 

[tinaina]

I thought so too but then i looked up the asylum decision statistic of Trac.syracuse (sorry this sire wont let me post link).

I saw people from countries like UK, Germany, France were granted asylum in around 50% of the time. Its not just safety. There is a famous case of an Afghan family with German citizenship who were granted asylum based on racism in Germany.

I am looking at this table.
I can't find one person from this website from Europe.
https://www.dhs.gov/immigration-statistics/yearbook/2016/table17

 

[Hope20]

@tinaina

I dont know why but it doesnt let me put me the direct link there. But google "trac syracuse asylum decisions" and click on the link "asylum decisions" once there look at stats by nationality. Thats the leading site tracking immigration stats and numbers, used by almost all media outlets when reporting on immigration/asylum issues by the numbers.

 

[tinaina]

@tinaina

I dont know why but it doesnt let me put me the direct link there. But google "trac syracuse asylum decisions" and click on the link "asylum decisions" once there look at stats by nationality. Thats the leading site tracking immigration stats and numbers, used by almost all media outlets when reporting on immigration/asylum issues by the numbers.

https://trac.syr.edu/phptools/immigration/asylum/
I found it.
However, over last 20 years only 4 people from Germany, 1 person from Norway, and a couple of person from other eauropian countries granted asylum.
Over last 20 years. Before all of these laws have been changed and altered.
Granting asylum has been getting harder and you cannot count on data that looks in 20 years ago.

 

[Britsimon]

Thank you for your responds. But its not just safety and war torn countries. I see hundreds if not thousands of people getting asylum from very safe countries like Lithuania, Armenia, but also over 50% granted rate for people from Germany, UK etc.

The rate of approval from Western Europe might seem high but the applications will be low. Meaning people from those countries know there is little chance of approval, so don't even start their applications. If you have EU citizenship, and therefore can move freely around EU, it is hard to say there is NO PLACE in EU where you could not live with the fears you listed. Millions of people do just that.

I fully understand that you have built ties and a life here, and I empathize, but I hope the limited asylum places are going to people who, frankly, have far less options than you have. Asylum should be a safety net for those that need it most.

 

[Hope20]

@tinaina
Not correct. Germany had 162 attorney represented cases and 79 got denied and 65 were granted plus an additional 18 received other grants.

 

[Hope20]

The rate of approval from Western Europe might seem high but the applications will be low. Meaning people from those countries know there is little chance of approval, so don't even start their applications. If you have EU citizenship, and therefore can move freely around EU, it is hard to say there is NO PLACE in EU where you could not live with the fears you listed. Millions of people do just that.

I fully understand that you have built ties and a life here, and I empathize, but I hope the limited asylum places are going to people who, frankly, have far less options than you have. Asylum should be a safety net for those that need it most.

See, there is no cap on asylum approval. They can give it to anyone or no one.

 

[tinaina]

See, there is no cap on asylum approval. They can give it to anyone or no one.

I think that is why the USA made the rule harder and harder every year so they don't have to give it to anyone.
But still getting asylum in USA is much easier than other countries like those in Europe. In the USA, your word is count on your honesty and I have heard in Europe they need firm evidence from you for anything you say.
I feel for someone who has a real fear of their home country USA is a better destination.

 

[SusieQQQ]

I think OP is confusing some issues. The asylum case will be judged on the merits of the asylum application. Things like creating employment for others, being a nurse, etc, are valid for other types of visas (I know people who have got green cards for being nurses), but it will not form part of the asylum case considerations as far as I understand.

 

[SusieQQQ]

See, there is no cap on asylum approval. They can give it to anyone or no one.

There is no cap on approvals, but the genuine cases are caught in the massive backlog of applicants which include many cases that are either totally frivolous or just not strong. So there are indeed many genuine cases being disadvantaged, waiting for years just to get adjudicated and being able to properly move on with their lives. Not commenting on your case specifically, just a general observation.

 

[Hope20]

I think OP is confusing some issues. The asylum case will be judged on the merits of the asylum application. Things like creating employment for others, being a nurse, etc, are valid for other types of visas (I know people who have got green cards for being nurses), but it will not form part of the asylum case considerations as far as I understand.

Thank you for your responds. I understand but there are many other reliefs you can ask for in immigration court. For me personally a cancellation/termination of removal would be an amazing outcome.

 

[SusieQQQ]

Thank you for your responds. I understand but there are many other reliefs you can ask for in immigration court. For me personally a cancellation/termination of removal would be an amazing outcome.

I don’t understand all the nuances, what would be the basis of cancellation of the order if not asylum, if the case is asylum-based?

 

[Hope20]

I don’t understand all the nuances, what would be the basis of cancellation of the order if not asylum, if the case is asylum-based?

I havent talked to my lawyer yet but change in circumstance and ask for additional time to be able to be eligible to adjust/ change status maybe?

 

[SusieQQQ]

I havent talked to my lawyer yet but change in circumstance and ask for additional time to be able to be eligible to adjust/ change status maybe?

Let us know what your lawyer says. I am not aware of cases (other than hardship to an immediate relative US citizen) that you can use factors unrelated to your original application, but as I said I don’t know much about asylum.