Should I apply for asylum while U-Visa application is pending of approval?
Asked in Dallas, TX - about 1 year
My family & I had to flee our country after I was shooted at while driving. I also received multiple death threats telling to stop my activities in my political party. We decided to flee our country & entered the US with a visa. The attack and threats were due to my membership in political party. While being here, I was robbed at gun point and physically assaulted. I understand asylum is very hard to get. After the robbery, we applied for U Visa, 2 months ago, but we are still waiting for an answer. However, our 1-year-after-entry window for asylum ends in 5 months. What should I do? If asylum is denied while U Visa is pending approval, does that denial makes it harder to get U Visa while it is still pending? I just want to be prepared for worst case scenario. I have a family. Thanks a lot
Attorney Answers (3)
Daniel E. Green
Kingston Immigration Attorney
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Charlotte Immigration Attorney
Greenwood Village General Practice Lawyer
Los Angeles Immigration Attorney
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If the asylum claim is denied on credibility grounds, it could affect the U visa case, as USCIS could use it to affect its future credibility determinations (this is less of a problem if your U visa case stands on evidence apart from your testimony.)
Consult with a competent attorney or BIA-accredited representative; asylum law is complicated and counter-intuitive. There are many factors in play in your case.
Daniel Green, Esq.
845-853-7302/347-245-7078
Serving the Hudson Valley, Northeast, and the World Beyond
www.hudsonvalleyimmigrationlaw.com
lawyer@hudsonvalleyimmigrationlaw.com
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
Elizabeth Clare Surin
Philadelphia Immigration Attorney
3 lawyers agreed with this answer
Greenwood Village General Practice Lawyer
Houston Immigration Attorney
Los Angeles Immigration Attorney
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J Charles Ferrari
Los Angeles Immigration Attorney
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You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.
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