I have to return to my nation within two weeks. I've been here for two and a half months and the limit is 90 days. I don't want to do anything wrong so I ask you. I know i can't extend my visa but can I apply for political asylum since I'm being threatened and even lost my apartment for voting social conservative? I'm scared of going back because I'm a public figure, blogging an writing about the situation in Sweden with the Muslim intake and high amount of crime.
Yes, it is permissible to file for asylum if you entered the U.S. on ESTA. The change of getting asylum from Sweden is remote indeed.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
In your case, you can apply for asylum if you are able to prove past or future persecution based on race, religion, nationality, political opinion, or membership of a political opinion.
Can you file? Technically yes.
Will it be successful? Probably not ... unless you have strong documentation of the fact that the government has, or that there is a reasonable likelyhood that they may persecute you ... or that you've asked for assistance of the government and they've refused to protect you.
Have a Skype consultation before filing.
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.
Yes legally. However, your case will not be adjudicated at the asylum office and referred to the court ( anyone who uses the visa waiver program to arrive on these shores will have their case referred to the immigration court for adjudication, instead of first having a hearing at the asylum office.
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