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What are my options to stay in the US after being out of status?

Orlando, FL |

I came here on a F1 visa and I became out of status in 2009. My family is from NWFP in Pakistan and because of the situation there, we lost everything we had. These financial problems didn’t allow me stay in college or apply to any other schools. I also had no way of going back because of this problem. I soon after married a man who is now here on an H1 visa. I did not want to go back to Pakistan because he married me without his parents consent. His father has many sources there and they threatened me, this made it very unsafe for me. I didn’t go back because I was scared that they might do something to my family or me. Where I am from, marrying without parents consent can lead to horrible consequences, even death. I stayed here so that they couldn’t do anything to me. I was unable to com

What is the certainty that they won't send me back?

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Attorney answers 5


You should consult with an immigration attorney that has experience in these matters. It is possible that you may qualify for asylum based on the risk of persecution if you return to Pakistan. Our office has experience in political asylum and can assist you. Even though you are located in Orlando, immigration is a matter of federal law, so we can assist you in any state and have clients throughout the United States.


I'm sorry to hear about your situation. There is a possibility you could apply for asylum based on the circumstances. However, asylum cases are incredibly hard to win. Proving eligibility to file after the one year deadline is complex. Schedule a confidential consultation with an immigration attorney as soon as possible. Do not file any asylum applications without being represented by an attorney, or you will find yourself in removal proceedings.


You should have a confidential consultation with an experienced and competent immigration lawyer to study the facts of your situation thoughtfully explore various options and appropriate and feasible course of action for you. Asylum is not easy when the persecution doesn't stem from the government or groups that the government is unable or unwilling to control. I wish you all the best.


You need to retain an experienced immigration lawyer to review all the facts in order to determine what options, if any, you have.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Depending of the facts in your case you may be able to file for what is called an "affirmative asylum". It is a very detailed process which requires much effort and evidence. It is one option. You may not want to proceed to do it alone if at all possible. There may be other options for you, but you would need to speak with a lawyer of your choice to determine what other options you may have.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Suite A
Orlando, Fla. 32804
Ph.: (407) 649-1404

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