Seek Asylum - Steps to follow

happybuddha

New Member
Hello,

I have been working on an H1B in the US since May 2011. I had tried to apply for a GC and sadly, I qualify only for an EB3 category if my employer files it. Which in my view is pointless.
I got married late November in India (wife just got her H4 approved) and I fear being targeted in my community since my wife is not from the same caste. Due to this new development, I think applying for Asylum would be my best choice. After going through many threads on this forum, I have a few questions :

1) It appears that seeking an attorney to do this entire process is a favorable thing. But has anyone completed the entire procedure on their own ? Any words of advise on the steps to be taken ?
2) Not many mention the reasons they sought asylum. So, will my fears, which indeed are genuine, hold any value as grounds for seeking asylum ?
3) I believe once someone gets a GC they are equal to a GC obtained through employment. Am I correct ?
4) If children are born to asylee parents in America, would they be American citizens or Derived/Derivative asylees ?
5) Would they never be able to decide which country they want to live in when they are 18 ?
6) I could not find a way to know the processing/turn around time for asylum seekers is. How long does it usually take ? And is their a bulletin that USCIS publishes for this ?
7) I think the ill will will wane away in a few years. So does someone seeking an asylum be at liberty to return to his/her country ?
8) If I get rejected in the process, does that also affect/cancel my H1B ?
9) In case there is a rejection at all, would it hamper my chances of getting an employer based GC ?

Any advice/suggestions greatly appreciated.

Cheers,
 
1.for your case ,i wont advice you to do it by your own ,instead look for an attorney.
2.as i said ,try to look for an attorney ,he is the best to assist you ,we in this forum wont really answer you in a legal way but can only advice ,so my advice is that you look for an attorney.
3.No you are wrong here ,GC obatined through asylum is different from that obtained through another process.Meaning its only when you are a citizen that you have the same rights and benefits as a born citizen of the US.
4.they will be derivative asylees and will have to apply GC after 1 yr and next 4 years apply for citizenship
5.As a derivative asylee ,they will only have the opportunity to live in USA ,but they can go an visit india on special conditions ,since they are not the ones who applied for asylum ,so there is no fear for them but usually there are restrictions for them to go back to india ,so you will have to consult with an attorney for this.But if they become US citizen they can travel without any restrictions,they are just like a born citizen.
6.I dont think there is anything like bulletin of visa but i know there are reports of asylum granted ,denied and many others on the uscis website ,you can check it out yourself
7.You will never retain back to your country if you are looking for asylum ,and if in any case the uscis knows that you are looking for asylum while not having those fears ,then they will ban you and deport you ,so please be aware of that first .Asylum or refugee are for those who want to flee their country and not go again but if they go then they are going to be ban from entering the US again.That is why i will advice you to make alot of research before applying ,either way you have to sacrifice something.gd luck
8.If you are denied ,you wont be revoked from your H1B
9You will still have 100 percent chances to get a GC but it can look bad on your records but it wont affect your elligibility for GC
 
1. I can't help you because I was young when my father applied for this.
2. Same.
3. This is not really true. You CAN be, though rarely are, questioned for travelling to your home country. You CAN use your regular passport instead of the refugee travel document (RTD) or re-entry permit (REP), so if you're comfortable with this, and can explain why if need be (because, for example, you only have a fear of being in your home country, but not using your passport, and that they told you at a port of entry just to use your passport because you're not an LPR). Domestically, you will be treated like every other LPR.
4. A child born on US soil to an asylee is a US citizen.
5. If your home country allows dual citizenship, they can claim citizenship of both the US and the home country. However, if they want to EXERCISE this right, it would be best to let them do it AFTER you and your wife become citizens.
6. Not sure about this.
7. Yes. With a change of conditions, you can return. Even when you have a GC, you can argue that you feel safe VISITING (if necessary, like if a relative is really sick, and if you have documentation just to be on the safe side, like a doctor's letter). When you're a citizen, you can essentially do what you like. You can go back and live there, too. Things might get tricky if you decide to apply for top secret government clearance, as the background check will raise some questions. If you have credible answers, though, you'll be ok.
8. No, you will retain your status.
9. You won't have trouble. Just be honest with CIS at all times.

Good luck.
 
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