Urgent Help: H1B to Asylum?

G

GodSaveAll

Registered Users (C)
Hi Guys,
I really need some advice for my friend who is in a critical situation. I’m also trying to consult lawyers. I came across this site by googling and found the people here are very nice and helpful.

The case is like this:
My friend has been in the States for 12 years (from B2-F1-H1B1) His work visa is in 5th year). His LC was approved in March 2007 (PD: March 2005). His lawyer informed him the deadline to file I-140 is January 2008. But his employer didn’t feel like doing it, saying that the audit report might be bad to the company and etc. Or he’s hinting to him for money.

As his wife was forced to have IUD inserted and 3 abortions in China and he was in the June 4 student demonstration, I suggest them to try political asylum. Everything happened to them are true. Both husband and wife hold master’s degrees. But he’s concerned that they’ve been here for over 10 years and are not sure if they can get over the 1-year rule. They have one child (not USC) who has been here for 9 years. Maybe they can tell the IJ the extreme hardship for their child to get the IJ’s sympathy. Do they have to be out of status for referral to the Immigration Court? I think it’s hard for them to get through with the interviewing officer.

Can they apply for Canadian GC during the asylum hearings as they are supposed to have a removal if they were out of status?

Any input/advice is greatly appreciated!
 
My friend actually applied for Canadian GC while his asylum appeal was pending.

Yes they can apply for Canadian GC from US, if they're still in status here in US. Otherwise they have to apply from Canadian Embassy assigned to their country to handle GC application.

If they apply from US, incase they are required to have an interview it will be in Canadian Embassy in Bufallo. So do not apply from US if they're thinking about leaving.

My friend actually got his GC in less than 2 years and drop his US asylum case. He's in Vancouver now with his newfound freedom.

Regarding this 1-year rule. My wife actually applied for asylum after she's been for 5 years (as H4). So don't worry about it if your friend have a strong case.
 
Impossible!

GODSAVEALL:

I really doubt you are none other than the 'friend' you were referring to.

As for asylum option, I really don't think you guys would be approved either by the interviewing officer or the IJ. The decision as to whether to waive the 1-year rule depends on individual cases.

But from your description, the chance to waive the 1-year rule is very very slim, especially because you have applied for employment-based immigration benefits.

TO get a Canadian GC or try to persuade your employer to go on with your I-140 is only valid options for you.
 
One More Question

Dear Jenazah,

Many thanks for your sincere advice.

Was your friend in or out of status when he dropped asylum proceedings and left for Vancouver? As far as I know, the applicant won't be referred to the IJ if he doesn't get approved by the interviewing officer when he is in status. In other words, one has to be out of status to be referred to the immigration court.

Dear Badluck2007,

Really appreciate your suggestions. But I think "impossible" might be possible sometimes. Everyday, there are many different cases going on at the asylum offices and the IC.
Wish all of us good luck in 2008.
 
OK let me clarify. There are 2 meaning of "out of status" here.

Yes my friend was out of status when he applied for his asylum.

When his asylum was rejected and he went for an appeal. That make him not out of status in the eye of Canadian Govt. Because during your appeal, you're actually legal here, you can apply for working permit etc etc.

My point is if your friend let his H-1B expired and become out of status here. He can't apply Canadian PR through Canadian Embassy in US. It has to be through the Canadian Embassy in his country.
 
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