I have my asylum case appealing front of the circuit court. Even though I had credible past persecutions and tortures, IJ just took away my luck and life by saying that I can go back to my country safely and situation is not bad anymore. Infact, situation is never getting better. Recently there are lots of changes in my home country situation over there is getting worse. One senator in the government is aware of all the situations and he is taking serious action against my country's government. I would like to know if I should write to him to get help regarding to my appeal? Will that be helpful? Please suggrest.
Thanks.
<hiaya>
Posted
Whats your country? Are you aware that the state dept issues monthly reports about all countries in the world and if your country is found to be safer, then the BCIS gets access to such info, which means you cant argue with them. Dont forget they have people 'planted' all over the globe and their job is to give assessments of every country. So be careful with what you tell them coz they countercheck everything ok?
<wanna_be_asylee>
Posted
Thanks hiaya. My country is stated in all the State Dept reports and newsletters as always bad in human right abuses and tortures and it is true. Even secretary of state is currently pressuring other government to pressure the government. But it never gets better.
<haiya>
Posted
Is that Myanmar?
<wanna_be_asylee>
Posted
Yes you are right.
<haiya>
Posted
I have been following that stuff about San Suu Kyi and to some extent they may get you asylum, but I thought the question is for you prove that you will get hurt if you return there.
Thats why Liberians get asylum easy.
Unless you are a 'big fish' in Myanmar and was involved in opposition politics and stuff like that.
<wanna_be_asylee>
Posted
I have lots of proofs regarding to my prevous political adventures and future threats as well. I just want to know if I should write a letter to senator and get help for my appeal.
Thank you for your inputs.
<hiya>
Posted
OK the think about asylum is to be QUICK before things change. YES write to your senator and anyone else who can help your case. Just remember that asylum is a high risk high return step ie if you get it, its the easiest and fastest way to stay here but if you miss it, then you set off the deportation, in which case staying 'under the govt radar' becomes the better choice one would have taken, in retrorespect.
<wanna_be_asylee>
Posted
My case has already been denied by IJ and BIA and now at the circuit court for appeal. So that means, I was under deportation order.
<haiya>
Posted
Like I said, this is the hardest thing to get in america-asylum. I saw that the rejection rate is over 70% and when I say the people/cases of people who get asylum, I reliazed the high standards they have. Infact, I would rather stay illegally here rather than try it becaus once you attempt it and fail, you start an uphill task. Have you tried Canada? They are a bit easier to let you and you still can pursue that while you are here.
<mohan>
Posted
You already have deportation order existed against you. your base in the appeal in circuit court will be the decision either error by BIA/IJ or the evidence which you provided were not taken into consideration, circuit Court seldom do anything with the case which have new evidence, . Yes you can appeal the decision and add the aditional evidence to remand the case back but if you think you can appeal purely based on new evidence which was not available previously, Circuit court will not entertain the new facts, These facts only be considered by BIA or Immigration Judge if your case is remanded back. circuit court looks over the decision made in immigration case, not makes the decision on cases. You may be qualify under CAT & change in country condition if filed with BIA, but in circuit court you have to appeal the decision of BIA or IJ and ask for remand the case back.
<haiya>
Posted
Hey, Please try these site: http://www.cic.gc.ca/english/immigrate/.
Also, read http://www.immi.gov.au/allforms/skill_points.htm#4, for Immigration to Australia.
Canada & Australia have easier asylum policies than the US, and you can follow your applications while still in the US, as the case makes its way in the court system.
Think about it.
<wanna_be_asylee>
Posted
Thank you much Haiya and Mohan for your inputs. Yes I am considering to apply at Canada and have been looking for information. According to my lawyer, I can go ahead and try in Canada. Is that true that if I simply go to border and apply for Canada aslyum they will send me back to US side unless I have appoitment with Freedom house in detroit or other refugee help associations in Buffalo?
Thanks again for your great help.
<haiya>
Posted
Please read about the info I just sent you. That website is the sole site for all immigration to canada.
<wana_be_asylee>
Posted
If I didn't win my appeal at circuit court and decide to leave US on my own, will I still be able to use my VD that was granted by IJ when he denied my case? Will I get 3/10 years bar? If I do, how do I find out how many years? Will my appeal period at BIA and circuit court be counted as illgal/overstay in the country?
Please help. Thanks.
<xxx>
Posted
Wanna-be-Assylee, I am in the same situation as u are. Don't worry u can file appeal in supreme court in case u are denied in circuit court. But u have to spend a lot. I will not consider the Canada option because once u apply assylum there, it may be rejected for the reason that ur assylum claim has been rejected in USA. By the way did u receive any deportation order recently?
<wanna_be_asylee>
Posted
Thanks XXX for your encouragement. I've never seen any deportation order etc since all my letters go to my lawer, I think. My laywer just ask me to calm down whenever I call him. Yea I also have the same feeling that Canada will not favor my asylum claim if US never give me. I am just trying to move as skilled worker program. Anyway, since you are also doing something similar, will you be willing to communnicate with me through email? That way we can share our progress/stories etc. My email is max_pittboy@yahoo.com. I look forward to hearing from you.