QUESTION
Can I still stay with an expired visa if it is dangerous for us to go back to our country and our F4 is not yet granted?
Asked on Nov 06th, 2013 on Immigration - California
More details to this question:
I work as an accounts officer in a reputed hotel in Dhaka, Bangladesh. Few days back, I was having a conversation with my friend on the streets, where few other people were standing as well. The conversation was about the recent political unrest in our country. I was discussing about a political party which is doing many bad things in recent times. I was unaware that some of that political group's supporters are standing near me, as a result they heard everything and now for the last few days, they are making my life hell. They are giving me death threats and also tried to harm my family as well. They followed me then and found my house too. Also they have collected some information about me and trying to bother me every now and then. I also made a police complaint and filled a general diary. I have asked the police for protection but even after doing that, that gang members are still trying to mess with me. This political party has harmed a lot of people in the recent past. They are a well known party which has many supporters who are Islamic extremists. I am really worried about my spouse and 1 year old daughter. I have also changed my house to another place but they also got to know this as well. Now my questions are: 1. Is my case strong enough to win? 2. Generally how much time needed to be granted? 3. If not approved and the case takes a long time, can I still stay in the USA even after my visa is expired? 4. If not granted and I have to get along with the case, will I get the chance to work legally? Other Details: 1. My Mother-in-law and 2 sister-in-laws are staying in NY. 1 of the sister-in-laws got her passport few months back and applied for us (F4 Category). 2. I do have a valid tourist visa of the USA (Multiple entries for 5 years) - 4 years left.
3 ANSWERS
Rebecca T White
If you and your family come to visit the United States and then decide to apply for asylum, it is very difficult to assess both your chances of success and the likely timing. Some asylum applications are adjudicated quite quickly while others do take months or even years. The first interview before an asylum officer is often the best chance for an approval, but there is also an appeal process in the event of a denial.
Answered on Nov 12th, 2013 at 5:13 PM
Business/ Commercial Attorney serving Bellevue, WA
at
Lana Kurilova Rich PLLC
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You might be able to get a refugee status if you try to seek it with the nearest US consulate or embassy. If you are able to come here on a visa, you will have one year from the date you arrived to file for asylum. Either way, you should preserve as much evidence as you can of what you wrote. If threats are made, write them down, who said what and when. If you get nasty threatening messages online or on paper, save them. If you have a police report of your complaint - keep it. Also, if you have any evidence that police will not protect you, preserve all that. Your story, while may be found credible, should still be supported by as much paper evidence as possible. IF you are being persecuted on the basis of your political opinion, and if your own country's police is unable or unwilling to protect you, you should qualify for a refugee status. But the burden of proof that what you say is true is on you, and you have to present as much evidence of these facts as you possibly can. In these cases, there is often just not enough evidence because people to do think that saving all those threatening letters is important, for example. I hope this helps. Good luck!
Answered on Nov 12th, 2013 at 5:12 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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It sounds like you may have a valid asylum claim but this would need to be assessed in more detail than can be done on an online forum.
Answered on Nov 12th, 2013 at 5:12 PM