Need your help

[shk]

Hello,

My student visa expired in Dec 2000 and I married an American citizen in Oct 2002 and subsequently filed I-130,485 and 765 forms. At that time I was under removal proceedings. I have not received any response regarding my EAD. Now my wife and I are seperated and I will be seeking a divorce shortly. My last two removal hearings....one in Feb 03 and Apr 03 have been reset to end of Jun 03 since there's been no response on I-130. Can I apply for Asylum being a native of India and what reasons can I mention for the same.

Thanks,
Shk

 

[shamshon]

Unfortunately the latest immigration act on asylum states that those who apply for asylum must do so within a year from their arrival to the USA. If I understand you correctly, you have been residing in the US for more than 3 years and thus you would not be eligible. Sorry
Good luck

 

[Gilbert]

Do you have real fear of harm in India? That is the key question and it sounds like you do not.

If you do and you can document it, then you will be able to stay and work for the time being even if the your asylum application is not accepted due to the one year rule.

 

[Sessanga Charlesa]

Originally posted by shk
Hello,

My student visa expired in Dec 2000 and I married an American citizen in Oct 2002 and subsequently filed I-130,485 and 765 forms. At that time I was under removal proceedings. I have not received any response regarding my EAD. Now my wife and I are seperated and I will be seeking a divorce shortly. My last two removal hearings....one in Feb 03 and Apr 03 have been reset to end of Jun 03 since there's been no response on I-130. Can I apply for Asylum being a native of India and what reasons can I mention for the same.

Thanks,
Shk

What is the main reason why you are divorcing?You still might have to file for the GC i.e if you faithfully went into marriage but your spouse has been maltreated you during your marriage.It is also helpful if you have a letter from authority prooving that it is not your fault that you are divorcing.If you can email me your phone number in a private message may be something can be worked out you never know.