I have entered the US 4 month ago, still have 2 month to stay legal. Entered the country on B1/B2, but planning to apply for political asylum.I have a strong case. I have heard if you are in status you might receive the g-card faster than if you have broken the immigration laws. But on the other hand I also heard that if you are in status, your case can also be delayed. Please advise. Thank you!
There is no truth in that statement. You may only apply for a green card after you have been an asylee for a year. It does not matter whether you were in status or not at the time you were granted asylum. Once you apply for a green card, the processing time varies not do to your status when you received asylum but due to security checks and whether an interview is necessary. You should not apply for F-1 if your intent is to seek asylum. One of the requirements to change your status is to indicate you intend to leave upon cometing your program, you obviously have no such intention.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.
If you have a B1/B2 visa, once you file for asylum you can may keep your status but will probably not be able to renew it when it expires as you will be considered to be an intending immigrant by virtue of your application for asylum. Also, once you file for asylum, you will probably not be approved for a non-immigrant F-1 visa for the same reason. It is probably correct that in some jurisdictions your asylum application will be processed more quickly if you are in status than if you are not.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Whoever told you that upon applying for asylum, you'll receive your green card faster if you are in status - is mistaken.
I am an attorney licensed in New York and Texas who is a former (retired) NYPD Police Officer. This answer is provided as a general response and is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
What you heard is probably made up. Additionally there's no way you can evaluate your case to determine whether it is strong or not unless you consult with an immigration attorney. If you areplannign to represent yourself youw ill be making a grave mistake because even "strong" asylum claims are summarily denied if you do not have an attorney to help apply the facts to the law. Are youa ware of what the LEGAL standard for asylum is?
An attorney will do the following for you:
1. File an application that meets the LEGAL Standard.
2. Submit documents and declarations, or required proof of your claims. If you just write a statement and send it in you will probably be denied.
3. Attend the interview
4. Most importantly make arguments after the interveiw that can make or break a difficult case. There is no such thing as an easy asylum case.
The statistics show that pro per asylum applicants fail at an alarming rate even if they have leigitimate claims. If you fail to hire an attorney you will be paying three times as much in legal fees to get out of immigration court. Many attorneys offer free consultations so I suggest you consult with and hire an attorney.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline