I want to know if I could successfully apply for a Political Asylum in US, I live in Venezuela and the goverment has perssuit me because of my political view, they even fisicallly abused me more than once... I once lived in US for about 6 years, my childhood and I fel like I'm an american. I have evidence of what they have done to me. I also want to know if I can enlist myself in the MAVNI.
If you have been persecuted because of your political opinion in Venezuala, and you fear you will be persecuted if you return, then you are eligible to apply for asylum. An asylum attorney would need to have a consult with you to determine if you meet other eligibility requirements, but based on the little bit of information you posted here, it sounds quite possible. There are definitely many successful Venzuelan political asylum cases.
If you were deported before, then you may only be eligible for withholding or CAT (which you can only get in court), but the info provided doesn't give enough information to make that determination.
There is also not enough info here to determine if you may enlist in MAVNI.
Best of luck to you.
Lindsey Wilkes www.kayiandwilkes.com NOTE: This answer is meant for general purposes only, and my answer does not establish an attorney client relationship between us. This answer is based on very limited information--without a full review of your history. Small changes in the facts can greatly change the answer. Therefore, I recommend that you consult with an attorney so that all of your history and facts in your case can be considered before you make any decisions in your case.
Your case shows that you are refugee and not asylum. who is present in United States can apply for asylum and you are not currently present in United State. You can travel to a third country( assigned for your nationality) in which you can successfully report and file though UNHCR. It might take several years to proceed your case. In addition you will need to have a sponsor in United State in order o be assigned to U.S Embassy to be interviewed.
I suggest that you talk to an immigration attorney in private, many of us use Skype.
Another option is to talk to someone at the UNHCR: http://www.unhcr.org/pages/49e45be46.html
MAVNI? Don't even think about this until you get legal in the US.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You may be eligible to apply for asylum.
You can obtain political asylum in the US if you can demonstrate that you have a well-founded fear of persecution if you were forced to return to your country.
You need to show that you might be persecuted because of your political opinions or activities. Your fear of persecution can either be from the government in power or from a group or organization that the government is unwilling or unable to control.
Generally, you must apply for political asylum within one year of your admission to the US, although there are numerous exceptions to this requirement. If you have suffered past persecution in your country, this is an important factor which should be documented in your application.
For more information about asylum, please see https://www.avvo.com/legal-guides/ugc/applying-for-asylum
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
If you classify as a "refugee", i.e., you have a well-founded fear of persecution in Venezuela on account of race, religion, nationality, membership in a particular social group, or political opinion,”you can seek refugee status (from outside the US) or asylum status (if you apply after entering the US). Whether or not you qualify depends of course on the specific facts of your case and your evidence. As for MAVNI, which allows you to move from nonimmigrant to US Citizen status, you must have resided legally in the US for a minimum of 2 years at the time you enlist..
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm. We represent clients in all 50 states and abroad.
You need to apply for asylum when in the US or at time of entering the US. Speak with an immigration attorney.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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