Asylum and 10-year bar
Apr 26th 2007, 9:35 pm
#61
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Re: Asylum and 10-year bar
If you thought it had a chance of being accepted I think you would have stayed here. You returned to your original country. So it could be deemed frivolous, which you are aware of.
You say conditions changed in your country, and that's why you returned. But for a bona fide application, don't you have to prove something personal about why you are seeking asylum, not just the general conditions in your country?
"A grant of asylum in the United States is for an indefinite period; however, asylum status does not give the applicant the right to remain permanently in the United States. Asylum status may be terminated if the applicant no longer has a well-founded fear of persecution because of a fundamental change in circumstances"
For those who interested, the full text of the INS memorandum can be found here: http://www.shusterman.com/bars589.html.
My sincere thanks to everybody who replied to my posts and helped me with my problem. I truly appreciate it.
Apr 26th 2007, 9:45 pm
#62
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Posts: 2
Re: Asylum and 10-year bar
Correction, the application was pending. That's what it says in the 212(a)(9) -- "application for asylum pending under section 208". The asylum doesn't have to be granted for this purpose.
Another correction. According to the INS memorandum on Asylee Exception to Unlawful Presence, "abandonment of an application for asylum does not mean that the application was not bona fide". Also, please do not speculate about my motives to return to my home country. I think I mentioned before that I had a very good reason for that and that it was beyond my control.
I did, and that's why my application was accepted in the first place. They are not accepted automatically. In addition, a lot of asylum seekers are denied it exactly because the situation in their country has changed so they don't have a well-founded fear of persecution anymore. The following is from the USCIS's web site:
"A grant of asylum in the United States is for an indefinite period; however, asylum status does not give the applicant the right to remain permanently in the United States. Asylum status may be terminated if the applicant no longer has a well-founded fear of persecution because of a fundamental change in circumstances"
For those who interested, the full text of the INS memorandum can be found here: http://www.shusterman.com/bars589.html.
My sincere thanks to everybody who replied to my posts and helped me with my problem. I truly appreciate it.
Another correction. According to the INS memorandum on Asylee Exception to Unlawful Presence, "abandonment of an application for asylum does not mean that the application was not bona fide". Also, please do not speculate about my motives to return to my home country. I think I mentioned before that I had a very good reason for that and that it was beyond my control.
I did, and that's why my application was accepted in the first place. They are not accepted automatically. In addition, a lot of asylum seekers are denied it exactly because the situation in their country has changed so they don't have a well-founded fear of persecution anymore. The following is from the USCIS's web site:
"A grant of asylum in the United States is for an indefinite period; however, asylum status does not give the applicant the right to remain permanently in the United States. Asylum status may be terminated if the applicant no longer has a well-founded fear of persecution because of a fundamental change in circumstances"
For those who interested, the full text of the INS memorandum can be found here: http://www.shusterman.com/bars589.html.
My sincere thanks to everybody who replied to my posts and helped me with my problem. I truly appreciate it.
The proposed US Immigration reform would make it much much easier for assylum seekers, perhaps similar to the UK.
www.immigrate2us.net has plenty of examples of waivers that worked, chances vary depending on the Consulate involved, which you have not mentioned I think.
Personally I think waivers are a waste of time, no need to make people jump through what is at best an English Comprehension exam.
Apr 26th 2007, 10:12 pm
#64
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Re: Asylum and 10-year bar
You should be aware that 98%? or so of Assylum applications in the UK were bogus according to a report that I read, of course many of those applications did succeed. So most Assylum Seekers are going to be treated with a healthly level of suspicion.
The proposed US Immigration reform would make it much much easier for assylum seekers, perhaps similar to the UK.
www.immigrate2us.net has plenty of examples of waivers that worked, chances vary depending on the Consulate involved, which you have not mentioned I think.
Personally I think waivers are a waste of time, no need to make people jump through what is at best an English Comprehension exam.
The proposed US Immigration reform would make it much much easier for assylum seekers, perhaps similar to the UK.
www.immigrate2us.net has plenty of examples of waivers that worked, chances vary depending on the Consulate involved, which you have not mentioned I think.
Personally I think waivers are a waste of time, no need to make people jump through what is at best an English Comprehension exam.
Thanks again.
Re: Asylum and 10-year bar
Apr 26th 2007, 10:39 pm
#66
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Re: Asylum and 10-year bar
Monty Python? That was, like, before electricity. Every rule has an exception, you know. Besides, I happen to like John Cleese. Anything else (Benny Hill doesn't count)?
Apr 26th 2007, 11:13 pm
#67
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Location: Kentucky
Posts: 38,865
Re: Asylum and 10-year bar
Apr 26th 2007, 11:41 pm
#68
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Re: Asylum and 10-year bar
A message to the BE site admin: Dear Sir, it is not a secret that you can look up my IP address and use it to determine my physical location. I trust that you understand that disclosing it here would be a violation of my rights as an individual, not to mention wrong. Thank you for understanding.
Dear Ian, please don't make a fuss out of it. I don't want to talk about it at this time and that is my right. Let's keep it friendly, OK?
Thank you.
Apr 27th 2007, 12:52 am
#69
Guest
Posts: n/a
Re: Asylum and 10-year bar
For me it may be the only option.... I had a criminal record even though it
doesn't fall under CIMT or anything else I was deported for that offense,
dont know how waviers work and I dont think I can pay 20K to some laywers
only to fail. They dont pay quite that well in Taiwan. Im sure Canada
probably has its problems but its the next best thing compared to the USA,
because they are similar. I dont want to stay in Taiwan anymore, I do not
like the culture, I don't reconize the country and I feel alienated here.
Plus its too hot there. IF they let me back into the USA I'd probably live
in Austin, TX or something, because I like that place.
--
TAI FU
doesn't fall under CIMT or anything else I was deported for that offense,
dont know how waviers work and I dont think I can pay 20K to some laywers
only to fail. They dont pay quite that well in Taiwan. Im sure Canada
probably has its problems but its the next best thing compared to the USA,
because they are similar. I dont want to stay in Taiwan anymore, I do not
like the culture, I don't reconize the country and I feel alienated here.
Plus its too hot there. IF they let me back into the USA I'd probably live
in Austin, TX or something, because I like that place.
--
TAI FU
Apr 27th 2007, 1:36 am
#70
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Asylum and 10-year bar
I don't care enough about you to care where you're from... I was born in Glasgow, Scotland - but my one set of grandparents were born in Latvia and the other in Lithuania. They were forced out of their ancestral home by Tsar Alexander III. Well... shit happens.
Anyway, in case you're wondering, I did a 30 second Google search on your name (you used both a first and last name in your original posts - not on BE... but now forever enshrined on Usenet) and the immigration site that popped up as a match gave me the information. I have no idea whether it's correct or not... and I don't really care anyway.
I don't want to talk about it at this time and that is my right.
Let's keep it friendly, OK?
Ian
Apr 27th 2007, 4:25 pm
#71
strangely floppy..
Joined: Mar 2005
Location: Ohio - originally London
Posts: 1,719
Apr 27th 2007, 5:10 pm
#73
Account Closed
Joined: Mar 2004
Posts: 2
Re: Asylum and 10-year bar
It makes a difference where you are as that impacts on the Consulate you have to use.
A waiver for example in Mexico can be done in less than a week if its clearly approvable.
Rome I think is 9 months.
Not going to bother following Ian, plus of course there are ways to fool around with location.
A waiver for example in Mexico can be done in less than a week if its clearly approvable.
Rome I think is 9 months.
Not going to bother following Ian, plus of course there are ways to fool around with location.
Apr 27th 2007, 9:30 pm
#75
Concierge
Joined: Apr 2001
Posts: 46,413
Re: Asylum and 10-year bar
If that what is truly going on with this newsgroup nowadays then it's a crying shame. I haven't been here for more than 6 years at least. From what I remember back in the 90's it was a great group with lots of people participating, helping each other, and 4 or 5 attorneys commenting the posts at any given day and time. They were pretty generous and friendly too. Oh well.
Perhaps it would be to your advantage to search the www for a more productive forum to participate in. As Ian mentioned, there are few people who frequent this forum through any portal. It is one of the lowest frequented forums on the WWW.
