my interview was there!!!! Still no decision !
Waiting Asylum decision
- Thread starter LadyLee
- Start date
Hey! I just want to update you guys with my case. Today I got my final denial and I'm totally dumbfounded. I'm still in OPT status. My lawyer was a fraud and he destroyed my good case and I lost all my saving for this case. Please make sure if you hire a lawyer, they need to be reliable and professional.
I have a question, would this denial affect applying for work visas like O1, H1B or EB CAT? or even after GC? Thank you so much!
I have a question, would this denial affect applying for work visas like O1, H1B or EB CAT? or even after GC? Thank you so much!
tinaina
Active Member
I am sorry to hear that. I am pretty sure your will be fine for your H1B and future green card as long as the reason of deny asylum wasn't fraudulent claims.
Can I ask you what was the reason of denial?
Thanks! I couldn't convince AO with my new evidence and the rebuttal that my claim is credible and consistent. I have a question can I ask what do you mean by denying asylum wasn’t fraudulent claims?it got me worried. my case was religious.
tinaina
Active Member
It means your asylum bases should be real claims not fraudulent claim.
Fraudulent asylum means you made things up to get asylum.
But the reason you said was that you did not have enough evidence to support your case which it doesn't mean your claims was fraudulent. So I think you can go on with your opt and find a job and stay in USA that way or you can apply for asylum again and give yourself another chance.
I don't remember where but when I was applying for green card there was one question that ask have I ever made a fraudulent claims for asylum.
It was generic question and I don't remember it was i485 or DS260 but that is the only things that was about asylum in green card process.
Thank you so much for your answer! Yes, I'm pretty sure my claim is not fraudulent. even though I got denied, I still can't come back home since my case is vulnerable and sensitive.
Hey Sunny
I’m so sorry to hear that. You still have a chance for all those employment based avenues as long as you maintain status. Also, your asylum application was not “frivolous”. Meaning that it was not very weak. Anyone who submits a frivolous asylum claim will be banned from any form of US Immigration and relief.
I asked my lawyer about the terms of reapplying for asylum and she said if you are still in status you can apply again but you must put forward a reason for your second application. One acceptable reason could your attorney’s malpractice.
Thanks so much for asking this. I'm determined to stay on my status and apply for O1 soon or H1b through my company. But I'm not sure if I can reapply again for asylum anytime soon since I spent all my saving on this case and also I have to find another lawyer.
Anyway, good luck to you and I'm pretty sure you'll get the outcome you want soon.
Hey since you had interview such a long time ago, are you still in status? If so, do you think the decision slowed if you are in status?
He probably filed in 2016-17 that he had his interview in Feb 2018. It is natural to take such a long time for him. USCIS says they give lower priority to those who have status.
summerqq90
New Member
it depends on who ao is
It depends on the AO and also when you applied. Did you get your interview 40-60 days after you filed asylum? or did you apply years ago?
Hello my interview was few days after I files, It was actually within the 45 days. Because I file in 10th of december 2018 and my interviw was on the 8th of january 2019. till now no decision yet.
Looks like the poster above has also been waiting since Jan 2019.
