My asylum case so far..

[olivermoe]

Hello, this is my first time posting here. So please pardon me if i have typo or mistakes. Anyway, I applied for political asylum in US about 3 yrs ago, the begining of 2008. I came to US as F1 student in 2002. When i applied for asylum, the officer at the interview said it was ok not to file within 1 year time since i had the valid visa status and could continue to do so aka schooling etc. Anyway it wasnt the issue why i am seeking advise here. Well after interview and everything, my request was not approve and i got the final denial letter excatly 1 year later.

Btw, i have the lawyer for my case too, so i consulted with her and my lawyer said i need to wait until im out of school and become undocumented in order for my case get reffered to the court. I know it is sad that you need to be illegal to get to the court. So i waited to finish my school, got my degree last June of 2009. Then I spoke to my laywer again to refilling of my case again with USCIS last June. its been over a year now and my lawyer keeps telling me that my case is on track, active, and also keep telling me to wait to get the interview date but until today i have not seen any imporvement except in this year March USCIS wanted me to fill what they called is "updated forms" or something like that so i did. since then nothing. And i am starting to lose faith in this with no work permit, and nothing.

here, 2 things i would like to know

1) Is it even possible to reapply/refile second time
2) If so, is this normal to take this long? (about 8 months now)

Any advise would help me ease me pain!
thankyou.

 

[cieru]

did u receive a receipt that ur file already arrived in USCIS? if no, then ur lawyer scamming u, i got a friend that have same situation like u, she waiting for the interview schedule, but the lawyer keep telling her that its still in process.and after she change lawyer, its appear that the first lawyer didnt send it, cause when u send the file to apply asylum interview, u must get a recepit with alien number on it.
1.no u cant reapply for second time, but judging from your case that u havent receive a recepit, maybe u should consult with an other lawyer
2.its a scam (for me) cause i still remember that after u filing ur data to lawyer, i only wait about 1 month before i got interview schedule

 

[olivermoe]

thankyou for the reply, I got the receipt number on my very first application like 2.5 years ago, then the lawyer told me that i couldnt go to the court becasue i was in F1 status, and i need to wait till school is over, so i did. She said after i finish school we can refile the documents with USCIS and work from there so i waited till i finish school, last year i graduated and i wanted to refile with USCIS. but since 2009 Sept to today i have not received anything except sometimes in this march i had to fill out a form asked my USCIS called updated form. All my lawyer saying was its in the process....

What should i do? i really didnt know all how these work in the United states and i cant go back to my country. they are going to arrest me and torture me if i go back anything i can do for my case? please any advise will be very helpful for me right now.

Can i persuade with my case with USCIS if i get another laywer?
And if i cant reapply, that mean im done? pack my stuffs and go back? oh my god, i cant do it >< i dont even have a place to live if i go back to my original country anymore... even if the government there so nice and dont arrest me whihc i highly doubt i still cant go back because i got nothing there, no relatives nohting..

Update:
I have talked with some other ppl and different laywer and they said if i was in f1 and i got denial i will be back to my F1 status and maintain it (which i did) then my lawyer can put a motion of re-open my case after my F1 expire (finish school) is it true?

Thankyou very much whoever give me any insights on my case.

 

[Freedom_for_all]

thankyou for the reply, I got the receipt number on my very first application like 2.5 years ago, then the lawyer told me that i couldnt go to the court becasue i was in F1 status, and i need to wait till school is over, so i did. She said after i finish school we can refile the documents with USCIS and work from there so i waited till i finish school, last year i graduated and i wanted to refile with USCIS. but since 2009 Sept to today i have not received anything except sometimes in this march i had to fill out a form asked my USCIS called updated form. All my lawyer saying was its in the process....

What should i do? i really didnt know all how these work in the United states and i cant go back to my country. they are going to arrest me and torture me if i go back anything i can do for my case? please any advise will be very helpful for me right now.

Can i persuade with my case with USCIS if i get another laywer?
And if i cant reapply, that mean im done? pack my stuffs and go back? oh my god, i cant do it >< i dont even have a place to live if i go back to my original country anymore... even if the government there so nice and dont arrest me whihc i highly doubt i still cant go back because i got nothing there, no relatives nohting..

Update:
I have talked with some other ppl and different laywer and they said if i was in f1 and i got denial i will be back to my F1 status and maintain it (which i did) then my lawyer can put a motion of re-open my case after my F1 expire (finish school) is it true?

Thankyou very much whoever give me an insights on my case.

I could be able to help you if you answer the following questions clearly as Yes or No:

1- IS your F1 already expired ?

2 - If yes to question #1 - When is your F1 visa expired? If no , there is nothing we can do here to proceed until you become out of status - until your F1 expiration date.

3- If yes to question #1 and #2 Have you re-filed the case again with the immigration judge?

4 - If yes to Questions #1,#2 and #3 - did your lawyer given you any receipt information during your filing?

5 -If yes to Questions #1,#2 ,#3 and #4 - have you changed DO after you re applied the case ?

 

[olivermoe]

thankyou for the reply, i will try to answer and clearfy as much as i can.

1- IS your F1 already expired ?
Yes,

2 - If yes to question #1 - When is your F1 visa expired? If no , there is nothing we can do here to proceed until you become out of status - until your F1 expiration date.

Around Augest, September 2009. (also my school director wrote a recommendation letter to USCIS that i am out of status and ready to proceed with the asylum)

3- If yes to question #1 and #2 Have you re-filed the case again with the immigration judge?

Accroding to my lawyer, USCIS office wants to re-interview me before refering to immigration judge. (To my knowledge i dont know how to refiled my case to the judge myself, everything go through with my lawyer)

4 - If yes to Questions #1,#2 and #3 - did your lawyer given you any receipt information during your filing?

No. nothing except in March of 2010, my lawyer wanted me to fill out a form from USCIS saying "updated form". Apart from it nothing.


5 -If yes to Questions #1,#2 ,#3 and #4 - have you changed DO after you re applied the case ?

What is DO? I dont know what is that?

 

[olivermoe]

Finally i talked with the USCIS office directly and turned out my lawyer never refiled my papers.. after i finished school. But USCIS was nice enough to let me refile the papers myself directly to them. Hope i get an interview soon.