Master Hearing

[Michail]

Please help!
What should i do:
I am in USA since year 2000. I was always changing status.
I had an interview for asylum in February 2002, in May 2002 I received an Employment Authorization Document.
Apparently I did not pass an interview cause they sent me a paper for immigration court in December 2002. A little time left for my first hearing (Master Hearing?)
Somebody told me I don't need a lawyer to go with for a first time.
They told me that the only way to get a greencard is through labor certification but the company I work won't do anything with a labor certification.
Please tell me what to do in my SITUATION!!!!
Time is running!
Thanks everyone!!!

 

[RAsylee]

Michail

It will be difficult for anyone to give you an advice without knowing the complete situation. Obviously when you filed for the asylum, you had a belief of persecution in your home country and you must have had some consultation prior to filing your case.

For beginers:

Had you stayed in USA for more then a year at the time when you filed for asylum?

What was your status when you arrived here?

I gather that you entered the country lawfuly as in your post you had indicated about changing status etc

I would advise that you get in touch with people who have been in your situation from your home country etc. Learn from their experience and you don't want to just hire any lawer in asylum cases. You want to hire an attornery who is very familiar with the circumstances that you had encountered, otherwise it will be difficult for the attorney to better prepare your case. Folks that share your experience can assist in finding you an attorney with the exposure to your issues.

Best of luck ...

 

[Michail]

Thanks

first of all thanks for your answer.

I entered on J-1 in 2000 without a 2 year requirement so I changed to B-1 then to F-1 but never got answer on F-1 status. At the same time I filed on asylum ( it was more than a year alreay in a country). I had an interview and received a REFFERAL NOTICE to judge. They say it's not a denial yet????!!!

 

[cider_or]

Michail, just curious, how is it possible to have a J-1 with out a 2 years residency, I thought all J1 are required to get out of the country for 2 years once they finish their studies? how did you change it to F1?
Thanks a lot

 

[Michail]

J-1

There are limited amount of J-1 a year that are issued to exchange students. Those who have this type of J-1 visas have a special stamp on their visa:
Two year rule doesn't apply to the bearer!
You can change it without any problem to F-1
Any suggestion on my asylum???
Who had something like that?

 

[cchong]

Michail,

People with F1 (student) or H1B (temporary worker) status are exempted from the 1 year limit when you apply for ayslum, but it also disqualifies you from seeing an immigration judge if one did not pass the interview with the Ayslum officer.

When I interviewed with the Ayslum officer in May 2002, she told me that the interview was my only chance becuase I would not be qualified for immigration hearing and I would not face deportation if I did not pass (I was on H1B). My lawyer told me the same thing when I hired him. Becuase of this reason, my lawyer actually went with me during my first and the ONLY interview.

It sounds to me your F1 application is still pending. Since you are recommended to see an Immigration judge, it appears that the INS must be treated you as a B1 holder.

Even though I do not know much about immigration hearing, but it does sound serious. If I were you I will hire/consult with a lawyer. Remember, the lawyer can help you to build up your case. Even though the story (your experience) is the same, but how you say it can have completely different affect. That what good lawyers do.

When you meet/consult with a lawyer, you should ask if he/she ever done a similar case before and ask what is the success rate. Of course, you should ask the lawyer about the comfort level about your case as well. That is the most important issue. Becuase you want a lawyer that can help you to win the case, and not someone who only take your money.

The first time I met with my lawyer, he showed me a case (only the approval letter not the content) that he just finished representing a case that his client was from the same national origin and also based on the same reason.

Good luck to you.