Process for Asylum when I'm still legal.

K

kwok007

Registered Users (C)
Hi guys,

I've got a question. I am a B-2 (can stay here up til 2009) and applying for Asylum. I've heard if my application was refused I can do a "rebuttal"? What if rebuttal failed too? Can I have a chance to appeal to the court?

Thanks!
 
there are two paths to affirmative asylum:

when u r in status, such as B1/2, u can file form I-589, as soon as immigration services receives ur application, ur current status will be abandoned and u will become an asylum applicant. u will then be interviewed at your local asylum office. if approved, then you will become and asylee in the US. if your application is refused however, USCIS will issue a notice of intend to deny your asylum application. you will have a chance to send them a rebuttal regarding their decision. USCIS either approves your asylum application after revieing your rebuttal, making you and asylee, or deny your application.

since u r in status, you will be switched back to your previous immigration status which is visitor B1/2. then only time you will have a hearing at the court is when u abandon your current immigration status. abandoning immigration status has different forms for different visa categories. for example, if u r a student, you have abandoned ur immigration status if you leave school, or drop below a certain number of units and etc. in your case, the visa status is considered abandoned when u overstay in the US, passed the time stated in ur I-94.

when u do indeed abandon ur visa status, your asylum application engine will start again and you will have a hearing in court, which you can then argue your case and either get and approval or get denied. the situation after that gets a bit complicated and is out of the scope of our situation rite now.

for people out of status, the procedure is exactly the same except that they already have abandoned their status or have been here illegally. hence, after getting rejected ta the interview, they will be referred to court straight away.

i really do suggest you do this with the aid of a lawyer since this is an extremely complex area of immigration law requiring careful expert analysis of all facts and issues.

hope this answers ur question.

good luck
 
So I want to make sure I understand what you said, Tributeblinky...

If I am on a J-1 visa now, expires in June...and I apply for asylum and have the interview before June, once I apply I am not on J-1 but officially an asylum applicant?

And then, if I get rejected at the interview with IO (first step) then I automatically go back to just being a J-1?

Also, does anyone know this: if I apply for asylum from a J-1, don't get approved, and then file to change status from J-1 to F-1, so I can continue to study here legally next year, will USCIS see the past application for asylum as "intent to immigrate" and turn down my change of status to F-1????

HELP, PLEASE!
 
to godsaveusall,

i was in status all the way through. i never abandoned my visa status.



to mytreasure,

yes once u file ur i589, u will become an asylum applicant and ur previous visa status is put on hold. if u get rejected in the interview, u will reinstated on ur previous visa dn it will be resumed, providing that u have met all the requirements of ur visa category. if not, ur previous visa status is cancelled and u will be refered to court.

only the visitor/tourist visa will be considered invalid after their expiry date.

for visas such as f-1 or j-1, it is not just about their expiry, it is about meeting all the requirements of that visa type. so for instance if ur visa expires next june and u drop out next week, ur j-1 statyus will be considered abanodned next week.

regarding ur last question, i think u need to contact uscis and ask them what u need to do. or better yet contact an immigration lawyer that deals with student visas coz a lot of them don't. i know for to switch to certain visa categories, u need to leave the country and apply at a us consulate outside the states.

hope that makes sense.
 
tributeblinky said:
to godsaveusall,

i was in status all the way through. i never abandoned my visa status.



to mytreasure,

yes once u file ur i589, u will become an asylum applicant and ur previous visa status is put on hold. if u get rejected in the interview, u will reinstated on ur previous visa dn it will be resumed, providing that u have met all the requirements of ur visa category. if not, ur previous visa status is cancelled and u will be refered to court.

only the visitor/tourist visa will be considered invalid after their expiry date.

for visas such as f-1 or j-1, it is not just about their expiry, it is about meeting all the requirements of that visa type. so for instance if ur visa expires next june and u drop out next week, ur j-1 statyus will be considered abanodned next week.

regarding ur last question, i think u need to contact uscis and ask them what u need to do. or better yet contact an immigration lawyer that deals with student visas coz a lot of them don't. i know for to switch to certain visa categories, u need to leave the country and apply at a us consulate outside the states.

hope that makes sense.
Click to expand...


Well, my visa was active when I filed my asylum application but expired by the time I went before an AIO for interview. He denied my application and I was referred to an immigration judge because my visa was expired and if above statement is true it should have been on hold, apparently not.
Anyhow, I do believe you are able to apply for new visa during your application is pending, and if you have valid status then and only then you will be back on this status ones you are not granted asylum!
I may be wrong but this is what I was told by attorneys and what I have read on the net.
 
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