Asylum and 10-year bar

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Old Apr 25th 2007, 4:59 pm
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Default Asylum and 10-year bar

Hello everybody, it's me again I got carried away with the possible I-601 procedure that I completely forgot that in my case I might not be subject to the bar, so I need your advice again. Here's my story. Please read (forgive all the details, I really tried to keep them to a minumum).

==========================================

I came to the US in 1991 legally as a visitor (B2). I applied for an asylum two month later. I received a SSN and an Employment Authorization shortly after that. I renewed my EAD every year. I paid taxes and filed my income tax return every year. I was never arrested. I was never accused of crime or misdemeanor. I left the US in 2002 while my asylum case was still pending (my EAD at the time was still valid for another 1/2 year). I even filed an income tax the next year for the last year that I worked in the US. I didn't contact USCIS and I didn't inform them about my departure. I've tried to find out if I have to send them a letter or something but nobody could give me an answer, so I just bought a ticket and left.

As far as I am concerned, I didn't break any law. I left because the situation in my country has changed for the better. I no longer feared the prosecution. On the other hand, I grew very emotionally and otherwise attached to my new home in the US, but I was afraid that when my asylum interview finally comes, the officer would tell me that I deliberately stayed in the US even though my country is not at all what it used to be. He would probably deny my application too and deport me. That's what I thought anyway, and I didn’t want that.

I now am planning to apply to an immigrant visa through my wife (who is a US citizen). Does anybody know how exactly a consular officer will be deciding on whether the 10-year bar applies to me or not? On the basis of whether my original asylum application was frivolous or not? That’s what the law says (I think). I don't believe that it was frivolous but an officer may have a different opinion. Questions:

1. Will I be required to prove that my asylum application wasn't frivolous?
2. What kind of proof of that do I need? Any suggestions?
3. Should I prepare for this interview as if I was having an asylum interview?
4. Should I bring all the documents and materials that can support my original asylum case?
5. Will they dig up my original asylum case papers and send them to the consulate? If yes, I haven't seen them in years. Should I request a copy for myself, under the freedom on information act? Will they send it to me?

Any comments or suggestions would help. Thank you very much.
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Old Apr 25th 2007, 6:07 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Malvin
Hello everybody, it's me again I got carried away with the possible I-601 procedure that I completely forgot that in my case I might not be subject to the bar, so I need your advice again. Here's my story. Please read (forgive all the details, I really tried to keep them to a minumum).

==========================================

I came to the US in 1991 legally as a visitor (B2). I applied for an asylum two month later. I received a SSN and an Employment Authorization shortly after that. I renewed my EAD every year. I paid taxes and filed my income tax return every year. I was never arrested. I was never accused of crime or misdemeanor. I left the US in 2002 while my asylum case was still pending (my EAD at the time was still valid for another 1/2 year). I even filed an income tax the next year for the last year that I worked in the US. I didn't contact USCIS and I didn't inform them about my departure. I've tried to find out if I have to send them a letter or something but nobody could give me an answer, so I just bought a ticket and left.

As far as I am concerned, I didn't break any law. I left because the situation in my country has changed for the better. I no longer feared the prosecution. On the other hand, I grew very emotionally and otherwise attached to my new home in the US, but I was afraid that when my asylum interview finally comes, the officer would tell me that I deliberately stayed in the US even though my country is not at all what it used to be. He would probably deny my application too and deport me. That's what I thought anyway, and I didn’t want that.

I now am planning to apply to an immigrant visa through my wife (who is a US citizen). Does anybody know how exactly a consular officer will be deciding on whether the 10-year bar applies to me or not? On the basis of whether my original asylum application was frivolous or not? That’s what the law says (I think). I don't believe that it was frivolous but an officer may have a different opinion. Questions:

1. Will I be required to prove that my asylum application wasn't frivolous?
2. What kind of proof of that do I need? Any suggestions?
3. Should I prepare for this interview as if I was having an asylum interview?
4. Should I bring all the documents and materials that can support my original asylum case?
5. Will they dig up my original asylum case papers and send them to the consulate? If yes, I haven't seen them in years. Should I request a copy for myself, under the freedom on information act? Will they send it to me?

Any comments or suggestions would help. Thank you very much.
In other situations, you would have a ban, my gut feel is that you overstayed and as you did not adjust to vacate the ban then you have the ban.

I would pass it by a US Immigration Lawyer
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Old Apr 25th 2007, 6:34 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Boiler
In other situations, you would have a ban, my gut feel is that you overstayed and as you did not adjust to vacate the ban then you have the ban.

I would pass it by a US Immigration Lawyer
Yep.
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Old Apr 25th 2007, 8:11 pm
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Default Re: Asylum and 10-year bar

That sucks. Well, I didn't have my hopes up too much to begin with, so I guess we'll see what's gonna hapen. By the way, after the 10 years have passed, do I become "normal" automatically or will I have to prove something again? How will they know that it's been 10 years? They don't exactly keep records of people crossing the border at the airport. If we can't go to the US now, we will try to find a way to live here until the ban is over (no choice). Will there be any problems considering that my wife (a US citizen) will have lived abroad for such a long time? Can they deny me the immgrant visa at that time because of it?
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Old Apr 25th 2007, 8:34 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Malvin
That sucks. Well, I didn't have my hopes up too much to begin with, so I guess we'll see what's gonna hapen. By the way, after the 10 years have passed, do I become "normal" automatically or will I have to prove something again? How will they know that it's been 10 years? They don't exactly keep records of people crossing the border at the airport. If we can't go to the US now, we will try to find a way to live here until the ban is over (no choice). Will there be any problems considering that my wife (a US citizen) will have lived abroad for such a long time? Can they deny me the immgrant visa at that time because of it?
Oh, for goodness sake, no one here can tell you for sure whether or not you will incur a ban.

Go and see an IMMIGRATION LAWYER
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Old Apr 25th 2007, 8:41 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Malvin
That sucks. Well, I didn't have my hopes up too much to begin with, so I guess we'll see what's gonna hapen. By the way, after the 10 years have passed, do I become "normal" automatically or will I have to prove something again? How will they know that it's been 10 years? They don't exactly keep records of people crossing the border at the airport. If we can't go to the US now, we will try to find a way to live here until the ban is over (no choice). Will there be any problems considering that my wife (a US citizen) will have lived abroad for such a long time? Can they deny me the immgrant visa at that time because of it?
Keep in mind that we are laymen and just giving you our ideas. Your best bet is to see an immigration attorney who knows about asylum cases AND family-based immigration, so he can tell you how the two might tie in together in your specific case.

If you DO have a ban in place, and if you stay out of the USA for the right amount of time, then yes, you can return to the USA when the ban is lifted. Your wife can remain outside the USA as well and it won't be held against her. She should look into keeping "domicile" in the USA and definitely continue to file US taxes while she's away.

Rene
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Old Apr 25th 2007, 8:42 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Elvira
Yep.
Could you clarify this please? "Yep" I *have* the ban (as a fact) or "Yep" I have to talk to a lawyer?

I wonder what kind of lawyer do I need. The one who does asylums or the one who does family-based immigration? I don't think that any attorney would do.

I wouldn’t trust a lawyer who says that she is an expert in all areas. On the other hand, I would definitely not trust an attorney who, for example, specializes in the waiver applications but don’t mind at the same time filling the DV lottery entry letters on a side. I know, she doesn’t do it herself, she has some stupid girl do it for 5 bucks an hour but that is still so low.
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Old Apr 25th 2007, 8:45 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Malvin
Could you clarify this please? "Yep" I *have* the ban (as a fact) or "Yep" I have to talk to a lawyer?
Yep, talk to a lawer.

I wonder what kind of lawyer do I need. The one who does asylums or the one who does family-based immigration? I don't think that any attorney would do.
You would need an immigration attorney experienced in both areas.

Rene
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Old Apr 25th 2007, 9:05 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Elvira
Oh, for goodness sake, no one here can tell you for sure whether or not you will incur a ban.

Go and see an IMMIGRATION LAWYER
You didn't read my post carefully. I'm not talking about the ban anymore. Why would you even bother making suggestions like "see a lawyer"? Isn't that obvious even to the dumbest person in the world? Let's all see a lawyer then and close this newsgroup. That's it, I got it. Close this group and put a permanent banner in its place saying, "Go and see an IMMIGRATION LAWYER".

One lawyer is one voice, one opinion. With the kind of prices that they are charging, I don’t think many people could afford a second or a third opinion. Immigration lawyers (with good references) already screwed my immigration twice. I’m not planning on making the same mistake the third time. On the other hand, forums like this may provide different point of views and that can be extremely helpful.

I apologize if my posts are disturbing you personally. Please believe me it was not my intention. This is a US immigration newsgroup. I'm not a newcomer here so I know the rules. If you would like to talk about something different or if you don't have any desire to help people then perhaps you should try a different forum. No offence.
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Old Apr 25th 2007, 9:15 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Noorah101
Keep in mind that we are laymen and just giving you our ideas. Rene
I know. Ideas is exactly what I need. I'm not looking for the professional advice, not that stupid to look for it here. It's like, you know, a convict usually knows more about the law concerning his crime than an attorney and a judge combined. Sometimes, immigrants can provide invaluable information only because they've been through it, they learned it, they lived it. That's all.
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Old Apr 25th 2007, 9:25 pm
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Default Re: Asylum and 10-year bar

You really need to learn a bit about the Unlicenced Practise of Law
We can only give you a general guide ...In cases when there are rare and specific problems..nobody here can help
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Old Apr 25th 2007, 10:02 pm
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Default Re: Asylum and 10-year bar

Originally Posted by Ray
You really need to learn a bit about the Unlicenced Practise of Law
A bit insulting but that's OK. I do know everything there's to know about "practice of law", thank you very much. I myself considered becoming a lawyer when I was in college in the US but it didn’t work out.

It never hurts to ask. How do you know that nobody have been through the same thing before? What do you mean when you say "nobody here"? This forum is a mirror of the misc.immigration.usa newsgroup, am I correct? Are you answering for the entire newsgroup? Only a handful of people know about this site (and what a great site it is indeed!) but everybody in the US has an access to the newsgroup because every ISP in the US has a newsgroup server and every immigrant who’s immigration was not a smooth sailing knows about this newsgroup.

After I go through this, I will be more than happy to share my experience, that's a promise. Do you think that a real life experience is less valuable than a measly opinion of an attorney who's never done it before? Not to mention that most attorneys are crooks and low-life with an IQ and a knowledge base of a chimpanzee. Not all, but most. The saddest thing is they have no desire whatsoever to try and learn anything new. They usually find their niche (like doing the H1-B for instance) and try to squeeze as much money out of it as possible for as long as possible, doing the same shtick over and over again. And that's the truth. My motto is, if you want it done right, do it yourself! At least do your research first, then go and hire an attorney if absolutely necessary, but hire the right one.

As an example, the two attorneys that I had before screwed me like a bunny. When my wife won the DV lottery, I handled the whole thing myself. When the time came for her to apply for a citizenship, I again did everything myself. There were complications but I did my homework and the result – she is a US citizen and I, thanks to the *licensed* and highly regarded US attorneys (want names?) have zilch.
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Old Apr 25th 2007, 10:36 pm
  #13  
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Default Re: Asylum and 10-year bar

As far as I have read, you don't need I601 because that wavier is for people
barred for criminal reasons. I 212 is used for 10 year bars because of
deportation or whatever. I don't know what I212 wavier does or what are the
requirements because as far as I know extreme hardship is for 601, and other
waivers may have different requirements.

--
TAI FU
"Malvin" <[email protected]> wrote in message
news:[email protected] m...
>
> Hello everybody, it's me again I got carried away with the
> possible I-601 procedure that I completely forgot that in my case I
> might not be subject to the bar, so I need your advice again. Here's
> my story. Please read (forgive all the details, I really tried to
> keep them to a minumum).
>
> =========================================>
> I came to the US in 1991 legally as a visitor (B2). I applied for an
> asylum two month later. I received a SSN and an Employment Authorization
> shortly after that. I renewed my EAD every year. I paid taxes and filed
> my income tax return every year. I was never arrested. I was never
> accused of crime or misdemeanor. I left the US in 2002 while my asylum
> case was still pending (my EAD at the time was still valid for another
> 1/2 year). I even filed an income tax the next year for the last year
> that I worked in the US. I didn't contact USCIS and I didn't inform them
> about my departure. I've tried to find out if I have to send them a
> letter or something but nobody could give me an answer, so I just bought
> a ticket and left.
>
> As far as I am concerned, I didn't break any law. I left because the
> situation in my country has changed for the better. I no longer feared
> the prosecution. On the other hand, I grew very emotionally and
> otherwise attached to my new home in the US, but I was afraid that when
> my asylum interview finally comes, the officer would tell me that I
> deliberately stayed in the US even though my country is not at all what
> it used to be. He would probably deny my application too and deport me.
> That's what I thought anyway, and I didn�?¢â,¬â"¢t want that.
>
> I now am planning to apply to an immigrant visa through my wife (who is
> a US citizen). Does anybody know how exactly a consular officer will be
> deciding on whether the 10-year bar applies to me or not? On the basis
> of whether my original asylum application was frivolous or not?
> That�?¢â,¬â"¢s what the law says (I think). I don't believe that it was
> frivolous but an officer may have a different opinion. Questions:
>
> 1. Will I be required to prove that my asylum application wasn't
> frivolous?
> 2. What kind of proof of that do I need? Any suggestions?
> 3. Should I prepare for this interview as if I was having an asylum
> interview?
> 4. Should I bring all the documents and materials that can support my
> original asylum case?
> 5. Will they dig up my original asylum case papers and send them to the
> consulate? If yes, I haven't seen them in years. Should I request a
> copy for myself, under the freedom on information act? Will they
> send it to me?
>
> Any comments or suggestions would help. Thank you very much.
>
> --
 
Old Apr 25th 2007, 10:42 pm
  #14  
Tai Fu
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Default Re: Asylum and 10-year bar

Or they should remove the newsgroup with a perm. sticky "see an immigration
lawyer, here is a list" and at the bottom "if you are an immigration lawyer
and want to advertise please call 1-800-xxx-xxxx"

I asked if I should try for USA or Canada because I felt waviers might be
hard to get and Canada is better about giving second chances (comeon, which
is easier to prove, rehabilitation or extreme hardship?), but I still have
to quality for skilled worker. I wont need lawyers for Canada because their
website gives good information on how to do this, but USCIS site is a mess,
other info is laced with a bunch of "call me, I am a overpaid lawer, I can
do this for 10,000 dollars!"

I agree with you, someone who lived through the law knows more about that
particular case than the lawer or judges.

--
TAI FU
"Malvin" <[email protected]> wrote in message
news:[email protected] m...
>
>> Oh, for goodness sake, no one here can tell you for sure whether or
>> not you will incur a ban.
>>
>> Go and see an IMMIGRATION LAWYER
>
> You didn't read my post carefully. I'm not talking about the ban
> anymore. Why would you even bother making suggestions like "see a
> lawyer"? Isn't that obvious even to the dumbest person in the world?
> Let's all see a lawyer then and close this newsgroup. That's it, I got
> it. Close this group and put a permanent banner in its place saying, "Go
> and see an IMMIGRATION LAWYER".
>
> One lawyer is one voice, one opinion. With the kind of prices that they
> are charging, I don�?¢â,¬â"¢t think many people could afford a second or
> a third opinion. Immigration lawyers (with good references) already
> screwed my immigration twice. I�?¢â,¬â"¢m not planning on making the same
> mistake the third time. On the other hand, forums like this may provide
> different point of views and that can be extremely helpful.
>
> I apologize if my posts are disturbing you personally. Please believe me
> it was not my intention. This is a US immigration newsgroup. I'm not a
> newcomer here so I know the rules. If you would like to talk about
> something different or if you don't have any desire to help people then
> perhaps you should try a different forum. No offence.
>
> --
 
Old Apr 25th 2007, 10:47 pm
  #15  
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Default Re: Asylum and 10-year bar

Originally Posted by Malvin
A bit insulting but that's OK.
I don't believe Ray was insulting, and you need to step back from the computer for a few minutes and put things in perspective. For two days now, you have been asking the same or similar questions. We've told you what we *think* may or may not happen. Apparently, that information hasn't been too helpful because you keep asking. What do you want of us? We are not lawyers and, apparently, it seems that you almost were a lawyer. If you know the law and you don't find our answers helpful... well then... what else is there?

I'll also mention here that it wasn't that long ago that we had *two* (count 'em) immigration lawyers who frequented this forum. Neither of them would have been so arrogant as to claim, "I do know everything there's to know about "practice of law"."

With all due respect, you have multiple immigation issues that need to be addressed. We can't help you, and you seem not to want to consult an attorney. So... again... what else is there?

Ian
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