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chorfata
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Posted on 06-02-11 11:15
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SATHI HO,
I AM TRYING TO FILE ASYLUM NEXT MONTH (texas). AS A F1 STUDENT WHAT ARE THE CONsEQUENCES. what am i gaining or loosing? If denied what are other option for me?:)
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TuN3R
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Posted on 06-02-11 11:34
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If denied you can take few months off and work properly on those fake papers again then re-apply but remember to get a good lawyer to prepare your papers .
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chorfata
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Posted on 06-02-11 1:19
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what if I am proven wronge? and also how can i come back to f1 status
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Stiffler
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Posted on 06-02-11 2:58
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Please stop shaming my country and don't follow your username literally.
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nagarikreport
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Posted on 06-02-11 11:46
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The first step would be to know the difference between "loose" and "lose". How did you get visa? Ever took SAT?
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zip26
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Posted on 06-03-11 12:16
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stop being smartass and help the kid ..
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nagarikreport
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Posted on 06-03-11 12:23
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The Kid? Who is the kid scared of that he needs asylum?
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kalopani
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Posted on 06-03-11 12:26
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are there still f1 students left anymore? looks like everyone has filed asylum
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zip26
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Posted on 06-03-11 12:30
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yes i am still in F1 status....it does not matter what looks like to u...
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kalopani
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Posted on 06-03-11 1:15
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if you're in f1, if you denied then you come back to f1, but your future green card or h1b process will be difficult. if you leave the usa and try to come back IO at the entry port don't look at you like you have true student intentions. if you drop your status then you can go to court and have higher chances of getting approved, but if denied then you have to leave the country, unless u find some us citizen to marry and io buys your story. i think laltey with high numbers of Nepali asylum things are getting complicated for nepali asylees. i know lots of Nepali asylees whose green card is pending for years. watch out..
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Nina_Windsor
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Posted on 06-03-11 1:25
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Perhaps I am being naive, but on what grounds would the asylum be granted in the US to Nepalese citizens?
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nagarikreport
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Posted on 06-03-11 1:32
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Kalopani mitra
The burden of proof you mentioned is wrong. When the case is with USCIS (DHS), your burden is 10%. When the same case goes to IC, which is DOJ, your burden increases to 50%. By the time case a goes to BIA, your burden becomes 90%.
If you are in F1 and file for asylum, following are the possible outcomes:
1) Asylum granted (you will be an asylee for a year and apply for GC after 1 year)
2) Case referred to IC if you are not in status after you are placed in removal proceedings where you will have the opportunity to get Asylum through the court.
3) Officer suspects fraud, sends your case to IC for case adjudication by the court and terminates you current F-1 status.
If your asylum is not granted in IC, you can go to BIA, and then to the circuit court. Supreme Court rarely gives a shi$$ to these cases.
Last edited: 03-Jun-11 01:33 AM
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kalopani
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Posted on 06-03-11 1:53
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nagarik mitra, I know you practice law so i believe you, and thanks for correcting me, i am just a curious learner and i do not practice law or have done any serious research either. however, most asylees i have known, their cases are approved in the court rather than with immigration officer. i thought burdern or proof is all up to asylees because they are proving their life is danger in their home country. is there anywhere in the lawbook of immigration it is stated that asylee have so much burden with immigration officer, or at court as you have described ? or is that from your personal calculation? if you're suggesting that cases are hard to prove in court compare to immigration officers then it's totally up to your luck and rating of the immigration officer or the judge as they do have ratings, some are easy while some are picky, hoina ra?
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kalopani
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Posted on 06-03-11 1:55
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btw,i don't remember talking about burden of proof to be wrong in the first place
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