Want to Apply Asylum not WOR

[BetterWorld]

Hello Friends !

This is great forum and useful for all the participants.

I need some help for my close friend who is working in US for over 5 years using H1B(work permit).

Due to some problem his H1 was cancelled and he was uaware of it. As a result he is now out of status for around six months. He was working durng this and still working.
Due to some serious problems back home country(India), he don't want to go back.

Now the options are
a. asylum (but he already spent 5 years so looks difficult)
b. Withholding of Removal (which he don't want as it doesn't have option for green card later once approved)

So, i want help from people who were able to file Asylum (not WOR) past 1st year of coming to US. Asylum is allowed within first year.
He doesn't need any benefits like food stamps or financially.


Please share your experience, suggestions or tips for this. This very urgent.
Any help will appreciated.!!

 

[BetterWorld]

Please help. Jonny1 and other experts?

 

[BigJoe5]

Hello Friends !

This is great forum and useful for all the participants.

I need some help for my close friend who is working in US for over 5 years using H1B(work permit).

Due to some problem his H1 was cancelled and he was uaware of it. As a result he is now out of status for around six months. He was working durng this and still working.
Due to some serious problems back home country(India), he don't want to go back.

Now the options are
a. asylum (but he already spent 5 years so looks difficult)
b. Withholding of Removal (which he don't want as it doesn't have option for green card later once approved)

So, i want help from people who were able to file Asylum (not WOR) past 1st year of coming to US. Asylum is allowed within first year.
He doesn't need any benefits like food stamps or financially.


Please share your experience, suggestions or tips for this. This very urgent.
Any help will appreciated.!!

This is a VERY BAD choice to make. "My H1-B got cancelled" is NOT a basis for ASYLUM.

IF he has not been out of status for a full 180 days, he should depart immediately.

IF he has been out of status for 180 days already he should depart before reaching a full year to lower the wait time for re-entry in the future.

 

[assylum]

Departing after being out of status for 180 days or more will trigger the 3-year inadmisibility bar and you will have to obtain a waiver befor getting LPR status. Getting a waiver is not that easy unless you are an asylee or a refugee.

 

[BetterWorld]

This is a VERY BAD choice to make. "My H1-B got cancelled" is NOT a basis for ASYLUM.

IF he has not been out of status for a full 180 days, he should depart immediately.

IF he has been out of status for 180 days already he should depart before reaching a full year to lower the wait time for re-entry in the future.

He never wanted to go back as i mentioned due to problem in his home country. Until now he was expecting to get GC thro; employment so never felt need to use Asylum option. Actually this is not the basis. Now as he needs to go back and he wanted to use Asylum which is meant for such conditions.

Moreover, if for instance, we think he can go to get stamping after being out of status for so long. It'll be simply suicide. If less than 6 months of out of status, he needs to prove everything in the last 6 months. Looking at the current scenes at consulates, chances are remote. And if crossed 6 months of out of status, he is already got 3 year bar to enter.

He is confident that he can prove his eligibility for asylum. But need help to give reason for applying past 1 year deadline.

 

[BetterWorld]

Departing after being out of status for 180 days or more will trigger the 3-year inadmisibility bar and you will have to obtain a waiver befor getting LPR status. Getting a waiver is not that easy unless you are an asylee or a refugee.

Do you mean, out of status will come into picture before AOS thro Asylum?
Could u pls tell me how we consider someone asylee or a refugee ?

 

[BigJoe5]

He never wanted to go back as i mentioned due to problem in his home country. Until now he was expecting to get GC thro; employment so never felt need to use Asylum option. Actually this is not the basis. Now as he needs to go back and he wanted to use Asylum which is meant for such conditions.

Moreover, if for instance, we think he can go to get stamping after being out of status for so long. It'll be simply suicide. If less than 6 months of out of status, he needs to prove everything in the last 6 months. Looking at the current scenes at consulates, chances are remote. And if crossed 6 months of out of status, he is already got 3 year bar to enter.

He is confident that he can prove his eligibility for asylum. But need help to give reason for applying past 1 year deadline.

Give us a clue about the basis for asylum. This person was not so oppressed that he was denied an education, that's for sure because he got an H1-B.

So far, the basis for asylum has not even been hinted at. I am not impressed and I doubt anyone else is either. This whole thread sounds like a futile fishing expedition by someone whose tenuous job-shop based H1-B got revoked. That's how any USCIS Officer or IJ will read it.

Prove me wrong.

 

[BetterWorld]

Give us a clue about the basis for asylum. This person was not so oppressed that he was denied an education, that's for sure because he got an H1-B.

So far, the basis for asylum has not even been hinted at. I am not impressed and I doubt anyone else is either. This whole thread sounds like a futile fishing expedition by someone whose tenuous job-shop based H1-B got revoked. That's how any USCIS Officer or IJ will read it.

Prove me wrong.

Thanks BigJoe5 !
You are partially correct.

Until now he never needed to think about Asylum as he was on its' way to get GC thro' his job. He almost forgot what happened to him in his country.
But now as that dream shattered, he want to use the option avaialble to him couple of years back but never wanted to use because better way was available.

I'll get details about the basis for Asylum. But is this fine to convince to apply after 1 yr deadline?

 

[BigJoe5]

Thanks BigJoe5 !
You are partially correct.

Until now he never needed to think about Asylum as he was on its' way to get GC thro' his job. He almost forgot what happened to him in his country.
But now as that dream shattered, he want to use the option avaialble to him couple of years back but never wanted to use because better way was available.

I'll get details about the basis for Asylum. But is this fine to convince to apply after 1 yr deadline?

Absolutely NOT!

To overcome the deadline, an asylum-seeker must show changed circumstances and usually this is due to Changed Country Conditions rather than changed personal circumstances. It is more complicated than that. See 8 CFR 208.4 as a place to start.