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  • Asylum. Need your advise please.

    Hello Everybody!
    I would like to apply for Political Asylum and need your valuable advises please! Me and my spouse came from Southern Russia,enter the U.S. on Nov.2001 on B-2 Visa, for 6 month, then we did apply for H-1 Visa but ended up with denial on 2003,Feb,( we were defrauded by Immigration Agency ).Our baby was born here on 2003, now I would like to apply for Asylum with my spouse. We know that we should apply the first year of our entry to the US, but we have enough extraordinary circumstances to explain. What do you think? If we end up again getting denial we'll be deportable we know that too. Does BCIS gonna deport us even we have the U.S. born child here? What is our chances to be granted Asylum?How many times we can appeal, if we get denial?
    Attorney said that BCIS can not deport us, as we have US born child here (extreme hardship..). Is that true? What would you advise us? Do we have to try Asylum, do nothing and wait for some sort of Amnesty or immigrate to Canada?

    Any advise or guidence on this regard will be really appreciated.
    Thanks for your time!

    Gratefully Yours,

    D.

  • #2
    You already have a paper trail dealing with the CIS. What do you think your asylum claim will look like to an adjudicating officer after you tried unsuccessfully change your status? The rule about filing within 1 year of arrival is taken very seriously. The CIS adjudicators are no dummies and will view your claim as another attempt to stay in the U.S., nothing else. In my opinion your asylum case doesn't have a chance. Of course you can appeal it wasting another few years in the U.S. But keep in mind that Canada will soon have agreement with the U.S. to turn down automatically any asylum cases in Canada if they were denied in the U.S.

    Cheers.

    Comment


    • #3
      TO: Someone12
      Member


      Why don't youi take it easy pal!

      Comment


      • #4
        Immigration judges tend to believe that young children won't have any trouble adjusting to their parents' homeland, so are not likely to buy your claim of "extreme hardship". I also believe that you have to be here for 10 years and have a U.S. citizen child or spouse for that one to even have a chance.

        Immigration does deport parents everyday. It's your choice what you do with your U.S.-born child--take him/her with you or put it in foster care here.

        Comment


        • #5
          TO: Someone12
          Member

          It's not your country pal! This is the country of immigrants from all over the world dude! Your ancesstors,or you yourself came to this country just like evrybody else, now you pointing your dirty finger to others and telling them that horse****! This country was built by immigrants if you know the history of this land of the free. Many who came here just like me as a visitor and then made their AOS. I did not scammed anybody and not trying to do so you *******! Of course I am working in my field/I am a MD. at the Hospital and bought a big house and two luxury cars/cadillac 2001/2002. I am happy here and will become an American in the near future whatever **** you try to say. you don't know me and you don't have to insult me by any ways you *******!

          Comment


          • #6
            check your brain you idiot, I can get you psychoterapist consultation at no charge for now.you sound like an Adolf Hitler in 1941.he was your granpa most likely,discrimination is against the law at least in this part of the world, you can get sued for this you chickenhead.

            Comment


            • #7
              Danielle--It's not YOUR country, or you wouldn't be in the fix you're in. So, you're an MD with two cars and a house--but you can't find someone to sponsor you so you can remain legally? Doesn't say much about your skills.
              Also, you did all this on a visitor's visa? Boy, I hope you filed your taxes because you're going to have enough trouble convincing immigration you're an asylee, without violating tax laws.
              As I said before, people with U.S. born children get deported every day. See other postings on this site. You'd better have a darn compelling reason for why you didn't apply for asylum earlier, and this is one instance where the house, car, etc., may work against you. If I were an immigration officer, I'd wonder just what was more important to you--what you managed to buy here, or the persecution you claim to have left. And of course, your attempt to get an H1-B instead of asylum, well, that's suspicious in and of itself.

              Comment


              • #8
                Danielle:

                American prisons are full of fraudsters who believe they are being discriminated against. Wonder what MD stands for in your lexicon, actually no, I don't want to know

                You're even beyond disgusting, so you just make me laugh at your futile attempts to disrespect this country. Hope you get deported soon.

                Comment


                • #9
                  Oh, yes, Danielle--As soon as you're declared deportable, that 10 years here for claiming extreme hardship no longer applies. So, you could stay here 50 years illegally, and still not be able to have your child sponsor you without having to leave the country and fight the 10-year bar.

                  Of course, I wouldn't want to see the hospital or clinic that would hire you if you were here illegally. You may find it a little hard to keep up that lifestyle you've become accustomed to.

                  Comment


                  • #10
                    Daniel !

                    I have 10 gallons of kerosene, saved specially for people like yourself!
                    I suggest that we all, I mean myself and likeminded people who support me, get together and burn you at stake, so others will learn good lesson.
                    But we won't burn you right away, we won't put all 10 gallons on you and fire it right away!
                    Oh,no!
                    First, we will burn your feet, your toes, with... littrle cadle fire.. Just tickling
                    Sweet!
                    Then, little by little..
                    How about your *****?
                    We can burn it too, you know..
                    So much fun!
                    Finally, when you feel no more pain, when your body all covered with burn marks.. well, THEN, and only THEN we will pour those 10 gallons of kerosene on you and .. fsssshhhmmmmm....!!!!!!
                    Done with Danielle, no more Daniele, no more problems for us!

                    What a happiness!
                    We are such a kind, wise and penetratingly intelligent ones!
                    Say thanks we don't want to burn you right away!!!



                    Now, as far as your questions go..
                    There is Law, INA, then there are Courts that interpret those Laws and there is Practice of Law and cases to look at.
                    You are most reccomended to consult with professional Immigration Attorney. This website is not the best place to get legal advise.

                    You should take anything written here with irony and skeptiticism.

                    Can I share my opinion now?

                    Ok, and keep in mind that I am not here to JUDGE.

                    so.. I think that you either have to wait for some form of legalization, releif to be signed into law ( don't expect for it to happen anytime soon, but be certain, it will be passed into law, every sane person knows it, even if it takes 10 to 15 years from now, but it will be), or else , go back to Russia and try to immigrate to some other country.
                    Canada should accept you and give you a GC if you have all the needed credentials to get 67 points, as Canada requires now.
                    And it will take less than many years.
                    Asylum in US, after more than one year being here, is not easy to obtain, there are too many undercurrents involved, as you know. But being totally ignorant of your individual case it would be arrogance on my part to categorically suggest that you either CAN or CAN NOT obtain it here.
                    You can still apply for Withholding of Deportation under CAT, or some other basis.
                    But will need firm proof that your life will be in imminent danger if you return.
                    There are news reports of numerous killings, tortures and deaths in Russia, (perpetrated by teenagers and not seriously prosecuted by Law Enforcement) , hate crimes based on victims national origin and appearance, but those reports alone will not guarantee you W/D, even if you fall under category that is being persecuted there.
                    And again, if you claim Asylum, which has lower burden of proof, you will then be asked WHY you didn't claim it as soon as you arrived to US and so on.
                    So, may be it's better for you to go back, get yourself tortured, hopefully survive and then run out of country, anywhere you can, and then claim Asylum.


                    In general, I could say just about anything to anyone, but individual circumstances, as you understand, are always different.

                    Slight difference would make great impact on deciding what strategy you should choose. Add to this ever changing circumstances, little incidents of daily life and etc..
                    Almost like Quantum Mechanics! Isn't it?
                    As you see it is absolutely impossible to give you exact answers to your questions.

                    Consult Immigration Attorney, and ask yourself what you should do.


                    And don't forget: America is the land of Independence and Responsible Freedom.
                    Don't depend on opinion of others, depend on yourself.


                    Long live, America!!!

                    Comment


                    • #11
                      My, my, my--how nonjudgmental of you. As it happens, however, that's what immigration is about, judging. And she was pretty explicit in her judgment of us. If she doesn't tone down her language and learn to hide her motives better, well, she might as well forget asylum here or anywhere else.

                      She implied she got into this mess because of a fraud perpetrated by her attorney. The current attorney is apparently telling her there is no chance she'll get deported because she has a U.S. citizen child. As I told her, all she has to do is read postings on this site to find out otherwise. There's a posting here about a planeload of deportees--an article I've seen in the press as well. She presumably can check this stuff herself instead of relying on her attorney--or us. And of course, her current attorney isn't the one who'll get deported or have to live here illegally if her asylum claim is rejected--as more than half of those who get to court are. (Most asylum seekers vanish, never to appear in court until caught by immigration, but she says she's a doctor and I don't see her cleaning toilets or picking grapes for a living if she is.) He will, however, be charging her throughout the asylum claim and appeals process.

                      In the meantime, she'd better ask herself what she'll do if her request for asylum is turned down. She's already refused to accept the denial of H1B and stayed on. What's she willing to do if her asylum request is turned down? If she can't practice medicine here, or even get a professional job here? Because just looking at the raw approval numbers, without considering her particular case (and that sounds pretty shaky), there's a better than even chance she'll eventually lose her asylum petition.

                      Comment


                      • #12
                        Yes, Aliba, I refuse to be judgemental.

                        I think it is the function of JUDGES in COURT to Judge, and I am not even a lawyer.
                        Nor I am prejudiced.
                        My father used to tell me that NOT being Prejudiced is a good quality, an honorable quality for a man. I trust my father. Older I get more I understand how right he was in everything he told me.

                        As far as Immigration goes, I think Immigration is about IMMIGRATION.
                        May be you meant 'adjudication'?
                        Because 'judging' in immigration, just as in any other matter, is the last instance where everything else fails.
                        That's when matter is brought before court and being judged upon.

                        When you buy pricey car, if it fails to perform while under warranty and dealer refuses to take it back or to fix it, you then take the matter to court.
                        But you don't say that 'car buying' is about 'judging'.
                        Just a clarification.

                        Comment


                        • #13
                          Not judging is the position of people who have no strong beliefs or interests--or are too wishy washy to take a stand for them. In its way, "not judging" is to take a position in favor of the status quo.

                          We are all judged every day. In school, at work, by your friends and acquaintances, by your spouse or lover in bed A prospective immigrant is judged by his family connections, his skills or education, what he will bring to this country. His honesty and self-reliance.

                          Car buying is about judging: the honesty of one dealer in relation to another, about one brand or model of car over another.

                          All that's judging, and it isn't necessarily done in a courtroom.

                          As for prejudice, I'd be very surprised if you have none at all. But I fail to see how we're "prejudiced" in Danielle's case. If someone said to me "she's South Russian" and I declared her a scammer knowing nothing, then I'd be prejudiced. However, she told us she fraudulently obtained a visitor's visa (with immigrant intent), has been turned down for an H1B visa, and now, almost 4 years after entering the U.S., is going to try for asylum. She also told us she has a U.S.-born child and suggests that that's a basis for her to stay. Our conclusions in the face of all of these facts do not constitute prejudice, but a reasonable conclusion. If you think that's prejudice, then you're a ****er and I'm sure the con artists will be after you. As for her complaints of "discrimination" or your statement about prejudice, there is nothing "prejudiced" about expecting punishment for those who break the law---or at the very least, no reward for it, such as asylum or amnesty.

                          Comment


                          • #14
                            I am sure , Aliba, you don't mean to say that being UN-Prejudiced is the same as being wishy washy, with no strong beleifs or interests.
                            Because PREJUDICE means belief without basis, Intolerance.

                            And precisely my strong beleief in justice and fairness prevents me from being Prejudiced.

                            Long live, America!!!

                            Comment


                            • #15
                              Aliba [quote] But I fail to see how we're "prejudiced" in Danielle's case [end quote]

                              Did I say that YOU , Aliba, are prejudiced in Danielle's case?

                              All I said was that I am NOT here to JUDGE, which is ethically right thing to say and do, I think. Who will disagree?
                              I also said that I am NOT Prejudiced.
                              That was in responce to your comment about 'my,my,my-how non-judgemental of you',
                              which sounded like you were implying the opposite.

                              By the way, speaking of Prejudice, who is being Intolerant here and who is having beleif without basis?

                              It's JUST a QUESTION

                              Long live, America!!!

                              Comment



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