Please Help, I don't know what to do!

M

MrsZeus

New Member
Hi, everybody!
I just need to say that I've been reading almost everything on this forum, and you guys are really doing a great job with helping people when they really need it. This is my situation:
I came here on tourist visa which expired in mid June. I wanted to apply for asylum, but I got an offer from a very big company wanting to sponsor me for employment based green card.
I contacted lawyers, and after two long weeks of their "thinking" and few hundreds dollars, they said that the best thing for me would be to go back to my COP and then apply for employment based green card. However, I didn't come here to find employment, I came here first for protection.
And this is my question:
Can I apply for asylum and after few months for employment based green card? Or can I apply just for green card? Or is there anything else to do?
Please, I would appreciate any help. Thanks! Have a great night.
 
Ok, here's the problem. You are not eligible for an employment based greencard because you have fallen out of status. Even if you apply for asylum, you would still have previously fallen out of status, and are still ineligible for an employment based greencard. But, as these lawyers have told you, if you leave now, you will be eligible to get an employment based greencard in your country.

If you apply for asylum, you can apply for an employment authorization card after 180 days. And if you are granted asylum, you will be eligible to work and be able to apply for a greencard after one year of your grant. If you are denied asylum, your only possibility for a greencard would be if you happened to marry a US citizen. However, if you leave the US but cannot get your employment based greencard for some reason and then somehow come back to apply for asylum, you would probably be denied because you have shown that you do not truly fear returning to your country.

You will have to pick one or the other. Before you chose, you should first find out whether you have a viable claim for asylum.
 
some of you got facts wrong here.

the law is once you are in the country illegally and leave, You are ineligible for readmission for up to 10 years. if he wanted another status, he should have done before his visa expired. change of status should be done before your current status expires. if you marry a citizen, that's anothing thing.
Even if you apply for asylum, there is more chance of being refered to court for removal prooceedings if you were illegal when you submitted your asylum application.
This is true to my expereince.

Illegal means coming here without any papers or visa or being here but visa expired.
 
jonny1 said:
some of you got facts wrong here.

the law is once you are in the country illegally and leave, You are ineligible for readmission for up to 10 years. if he wanted another status, he should have done before his visa expired. change of status should be done before your current status expires. if you marry a citizen, that's anothing thing.
Even if you apply for asylum, there is more chance of being refered to court for removal prooceedings if you were illegal when you submitted your asylum application.
This is true to my expereince.

Illegal means coming here without any papers or visa or being here but visa expired.
Click to expand...

The 10 year bar applies only if you have been out of status for one year. If you have been out of status for 180 days, there will be a 3 year bar.
 
thankful said:
The 10 year bar applies only if you have been out of status for one year. If you have been out of status for 180 days, there will be a 3 year bar.
Click to expand...

Ditto. I just want to add that if you have been out of status less than 180 days before you leave the country, technically there is no bar to your return. That means if you are out of status, you cannot get an employment based greencard while you remain out of status inside the US. But if you leave before 180 days, and get an I-140 approved, you are eligible to return to the United States.
 
Hello Guys,
I was wondering if anyone can help a friend of mine. My friend is a student and wants to apply for asylum. However, He worked for two months paid job using his social security and as F-1 he is not allowed to work off campus. I am wondering what would happen if apply for the asylum? would they deported him if they found out that he worked for two months off campus? on the asylum forms, there is a section for social security#.
Please help!
Thanks
Bakassi
 
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