Questions before applying for Asylum (I-589)

#1
I have a sister who is 70 years old from Venezuela, she is currently on a tourist visa visiting me here in the US. Some of you might be aware of the terrible situation in that country and how people are fleeing. I would like to help her stay and I think that the only way is to ask for Asylum(I-589, Application for Asylum and for Withholding of Removal) . However, I have these questions:

1- If the Asylum is denied would she lose her tourist visa?. Could she even be banned from applying again?

2- She has a daughter here in the US who could become a resident in 2 years. If still available at that time, her daughter could file an I-130( request for Alien relative) on her behalf. IF she is denied an Asylum request, could she hurt this alternative also?

3- Is any of you aware of the current denial rate for Asylum cases from Venezuela as well as the processing time?

Thanks.
 

1AurCitizen

Registered Users (C)
#2
What would be the basis for her asylum claim?

Her daughter cannot petition (i130) her until the daughter is a US Citizen. A permanent resident cannot sponsor a parent.
 

SusieQQQ

Well-Known Member
#3
As implied above, dreadful as the situation in Venezuela is, asylum is a specific issue that applies to people in certain categories only. Does she fall into one of those?
To answer your questions:

1. Yes it would invalidate her existing tourist visa if asylum is denied. If she applied correctly she wouldn't be banned as such from applying again, but the chances of ever being granted another tourist visa would be extremely slim.

2. I presume you mean the daughter could be a citizen by then? Should not be a problem to petition with a denied asylum claim, assuming the process had not resulted in her going out of status long enough to get a ban. If that did happen it would complicate things - she would need to try get a waiver. Waivers are not automatic.

3. Denial rate, no idea and not necessarily relevant as each case is decided on its own merits. They tend to adjudicate the latest cases first now so they can more quickly clear frivolous cases. https://www.pri.org/stories/2019-01...ge-moves-longtime-us-asylum-seekers-back-line
 
#4
Thank you 1AurCitizen and SusieQQQ for your replies. And yes, I had forgotten that only US citizens could sponsor parents.

In the subject of denial rate what do you think of these two sources as way to have an idea of how cases would be decided:

A- trac.syr.edu/phptools/immigration/asylum/

B- reuters.com/investigates/special-report/usa-immigration-asylum/

For example I could say that someone with jurisdiction in Los Angeles, CA when going to an Asylum interview could have better chances to be approved than someone with jurisdiction in Kansas City, MO. Based on the stats of the Immigration Judges that decide cases on those courts.

Is my assumption off base or it makes sense?

Thanks

John
 

SusieQQQ

Well-Known Member
#5
Thank you 1AurCitizen and SusieQQQ for your replies. And yes, I had forgotten that only US citizens could sponsor parents.

In the subject of denial rate what do you think of these two sources as way to have an idea of how cases would be decided:

A- trac.syr.edu/phptools/immigration/asylum/

B- reuters.com/investigates/special-report/usa-immigration-asylum/

For example I could say that someone with jurisdiction in Los Angeles, CA when going to an Asylum interview could have better chances to be approved than someone with jurisdiction in Kansas City, MO. Based on the stats of the Immigration Judges that decide cases on those courts.

Is my assumption off base or it makes sense?

Thanks

John
Again...asylum cases are based on the merits of the case. On what basis is your sister claiming asylum? You could have the most lenient judge in America, he or she will still not grant a case that does not meet the correct standards.
 
#6
SusieQQQ,

Thanks for your kind and quick reply. I did not explain myself well in the follow up. Let's assume her or anyone has merits for the case to be approved, I would assume that being in a jurisdiction where judges are more lenient should help.

I am aware of basis for requesting asylum from UCSIS site:

"Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:

Race
Religion
Nationality
Membership in a particular social group
Political opinion"
 

1AurCitizen

Registered Users (C)
#7
Those are generic guidelines for asylum aspirants/claimants.. the question was what would your sister's specific basis to claim asylum be, since you mentioned the situation in her home country? Perhaps it's not as bad if she is concerned about losing her tourist visa and potential impact on future b2 attempts?

Usually, B2 applicants show evidence of (strong) ties to their country to be able to obtain a tourist visa. Certainly your sister convinced the embassy CO that she has ties to her country that she intends to return to.
 
#8
Thanks 1AurCitizen, appreciated. Good insight about the ties. I understand about specific asylum basis that I am not ready to share yet. I thought I would start with basis questions to see if it is even worth to go that route at this point.

If I could give you and SusieQQQ points I would for your kind and insightful answers

Appreciated.

John
 
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