Good day I have been in the United States of America for the past 3 weeks my reason for leaving my birth country is because of my sexual orientation and the criticism, death threats and the inhumane treatment I've faced while being in my country. ...
If you have a well-founded fear of persecution in your country based on your LGBT status, you may apply to the USCIS, or to an Immigration Judge for asylum.
One of the particular social groups whose members may be eligible for asylum in the US is the LGBT community. LGBT asylum can be applied for by submitting Form I-589 to the USCIS, or alternatively, before an Immigration Judge if you are in a removal proceedings. This application is free of charge.
In order to establish your eligibility for LGBT asylum, you must have a well-founded fear of persecution in your home country due to your sexual orientation. This can be done by providing a detailed affidavit about your experiences in your home country, news articles detailing stories of members of the LGBT community being persecuted in your country and threats from persons in your home country. It is not necessary to have an eye witness or personal evidence from home to show proof of feared persecution, but if this information is readily available it would strengthen your application for asylum.See question
I applied for asylum in Los Angeles office back on Nov 11, 2015, and I don't hear anything from immigration office nor court. Now we plan to move out to Las Vegas, NV. My question is should I transfer my case file from Los Angeles office to anot...
File an AR-11 form with the USCIS to notify them of your address change. Your asylum case will remain at the Anaheim Asylum Office.
My brother had immigration interview for political asylum and got positive answer but today they said they going to do another interview
Be prepared for the examiner to ask questions that were asked at the first interview and compare the answers.
Please see https://www.avvo.com/legal-guides/ugc/asylum-winning-your-caseSee question
And I live in Canada not permanent I'm trying to have more idea before I wanna aply asylum in US Can it help me with sister of father and mother citizen of united state to get Green card through my sister and again I thank you for your help
Having relatives in the US will not help you get asylum in the US.See question
I had filed for Asylum in Texas after being overstayed for a few months in USA. I was waiting for my supporting documents therefor had a short delay in filing and had to overstay my I94. Immigration officers came to my address looking for me, but ...
Have your attorney reach out to the ICE officers to show them that you are now an asylum applicant.See question
We filed for Asylum due to our issue back home, and have receieved our acknowledgement receipt from the Asylum Center. Can we be detained by Immigration, or questioned as they came to our residence before filing due to slight overstay of 2 months,...
I very much doubt that you would be detained by USCIS simply because of a prior 2 month overstay.See question
I got my driving permit approx 3 months back but now I will have to bring the 6 points documents once again, the problem is that my passport got expired and my asylum application is pending. What other document can I get to get the license in NJ.
Consult with the Dept of Motor Vehicles to learn what documents they will accept.See question
I am from Nepal, 26 Yr old Female, Currently pending asylum, Have work permit, waiting for the interview date to be scheduled, Can I join Army ? Thank You
The MAVNI program is no longer working. You cannot join the Army with a pending asylum application.See question
Good afternoon! I can't find the answer for my question. Please help me! !! My wife win dv lottery 2018. She is oversea. And she include me in this case. We have a two sons. I came here with tourist visa. After expired 4 month I pending to asylu...
We won a case similar to yours a few years ago. You may find the following story to be helpful:
Near the end of April 2005, a couple from South America had a consultation with me, and told me about their dilemma. They had entered the U.S. as visitors, changed to working status and overstayed for seven months.
Then, one lucky day, they were selected as winners of the DV- 2006 Green Card Lottery.
Since they were illegally present in the U.S., was there any way that they could adjust their status without leaving the country? After verifying that they could not adjust their status under section 245(i), I answered their question in the negative.
Could they simply return to their country when their lottery number was reached? We calculated that this would not occur until the spring of 2006. Since they had overstayed since September 2004, this would mean that they would have accumulated over 18 months of “unlawful presence” in the U.S. Anyone with more than 12 months of unlawful presence is subject to a 10-year bar to returning to the U.S.
What, they asked, would happen if they returned to their country immediately, had their interview in the spring of 2006, and returned with immigrant visas? Not so fast, I replied. They had already accumulated over 180 days of unlawful presence in the U.S., and if they simply hopped on a plane back to their country, they would still be barred from returning to the U.S. for three years. The problem is that lottery winners must reenter the U.S. as immigrants before the end of the government’s fiscal year (September 30) or lose their fleeting chance to obtain a DV green card. This is the rather sad immigration version of the Cinderella story: the coach turns into a pumpkin at the first stroke of midnight, but there is no glass slipper or handsome prince to insure a happy ending.
The couple looked at each other and sighed. Apparently, they had heard the same sad story from one attorney after another. Therefore, they looked a bit shocked when I informed them that there was a way for them to become green card holders through their winning lottery ticket.
There is a little-known exception to the three-year bar, I began. If you simply leave the U.S. after accumulating 180 days of unlawful presence, you cannot return for three years. However, if you are ordered by an Immigration Judge to leave “voluntarily”, the bar does not apply.
Therefore, we decided to get the Immigration Service to issue a Notice to Appear before an Immigration Judge as soon as possible. At the master calendar hearing, we readily agreed that the couple was removable from the U.S. and requested that the Judge grant them 60 days of voluntary departure. They appeared before the Judge with their bags packed, and voluntary departure order in hand, boarded a jetliner back to their own country. There they waited until this spring for their appointment at the U.S. Embassy.
Despite our attorneys arming them with every possible Immigration Service and State Department memorandum bearing on their situation, the Consular Officer who interviewed them denied their applications for immigrant visas on the grounds that they were subject to the three-year bar to returning to the U.S. Unhappy ending? Not so fast!
After a few weeks of follow-up telephone calls, e-mails and faxes by our attorneys, the Consular Officer consulted the Bible of the State Department, the Foreign Affairs Manual (FAM), and scheduled another appointment for our clients. This time, the interview ended with smiles all around as immigrant visas were awarded to our clients. We received an e-mail from them yesterday, and expect a phone call from them once they reach the U.S. later this week.
What enabled us to turn lead into gold for our clients? A combination of knowing the law and the FAM, a willingness to take a calculated risk, and following through with the Embassy.See question
I had my asylum's recomended approval a year and a half ago. Most of the people I know who applied with the same period of mine have granted assylum except me, and one of my friends in law school told me that it might take over 5 years or even 10 ...
You can file a Petition for a Writ of Mandamus in Federal Court to force the USCIS to make a decision on your asylum application.See question