Question on Asylum

[Squonk]

My wife's friend has an active asylum petition with the USCIS.

I do not know how she qualifies for asylum, all I know is that she applied.

Apparently she qualified for a CA driver's license under another circumstance that apparently no longer exists.

So in parallel with her asylum application she applied for an EAC,

She was denied the EAC.

So my wife wants me to contact the USCIS on my wife's friends behalf and ask the USCIS if they can provide documentation to facilitate the renewal of her driver's license.

Looking at the list of documentation that the CA DMV accepts, I cannot see anything on the list that the USCIS would be able to provide.

Assuming that the CA DMV list is not exhaustive, does anyone know if there is a document that the USCIS could provide her so that she can renew her driver's license.

Thank you,

-Squonk

[dnoblett]

The documents the USCIS would provide that most states including California would be a green-card or an EAD card, either shows legal presence.

 

As for contacting USCIS, the only way to talk with a real person would be for the refugee to schedule an infopass appointment to field office, they should be able to bring you along to help ask questions.

 

Dennis dealt with a refugee case with his wife. http://candleforlove.com/forums/user/1981-dennis143/ Perhaps send him a PM asking for advise as to how to handle.

[newacct]

So what was her status before applying for asylum?

[Dennis143]

Asylum is a way to appeal to an immigration judge to stay in the US. Many who overstay use this method to gain a green card. My wife and her son where asylees when I met them. The immigration judge granted asylum simply because their petitioner died 6 months after their arrival and the judge didn't have the heart to boot them out of the country.

 

I have been a character witness in two immigration asylum hearings. One friend was granted asylum because she escaped her abusive American husband... she had police reports, plus when recounting all of the acts her husband committed she didn't just cry, but wailed endlessly. Both the State and the judge had teared up on listening to retell.

 

Another good friend, Mary, was granted asylum due to a thesis she had written during her days attending a Christian seminary in China. She was given a letter suggesting that she not return to China to visit, as there was a chance of her being arrested. An American friend of Mary's, a PHD from San Diego State Univ., attended her hearing. He stated that he was fluent in Chinese, had studied in China for years, knew Mary's Seminary professor who suggested Mary not return to China... Anyway, she was granted asylum.

 

I've also know friends who've gained asylum for simple reasons as wanting to stay for health reasons. In my very humble opinion, it seems that if a person overstays and takes the time to hire an attorney and appeal for asylum, more often than not an immigration judge will grant it.

Edited April 26, 2013 by Dennis143 (see edit history)

[Randy W]

Found this -

 

Asylum

 

from the USCIS

Permission to Work in the United States

You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum.

You may apply for employment authorization if:

• 150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview) AND
• No decision has been made on your application

If you are granted asylum you may work immediately. Some asylees choose to obtain Employment Authorization Documents (EADs) for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee.

To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum. For more information see our Form I-765, Application for Employment Authorization page.

 

 

I believe an immigrations judge can order employment authorization, but the fastest and easiest way (at this point) would most likely be to wait out the 150 days.

 

The best way to keep your driver's license is to maintain a legal immigrations status.

[Dennis143]

Asylum is a way to appeal to an immigration judge to stay in the US. Many who overstay use this method to gain a green card. My wife and her son where asylees when I met them. The immigration judge granted asylum simply because their petitioner died 6 months after their arrival and the judge didn't have the heart to boot them out of the country.

 

I have been a character witness in two immigration asylum hearings. One friend was granted asylum because she escaped her abusive American husband... she had police reports, plus when recounting all of the acts her husband committed she didn't just cry, but wailed endlessly. Both the State and the judge had teared up on listening to retell.

 

Another good friend, Mary, was granted asylum due to a thesis she had written during her days attending a Christian seminary in China. She was given a letter suggesting that she not return to China to visit, as there was a chance of her being arrested. An American friend of Mary's, a PHD from San Diego State Univ., attended her hearing. He stated that he was fluent in Chinese, had studied in China for years, knew Mary's Seminary professor who suggested Mary not return to China... Anyway, she was granted asylum.

 

I've also know friends who've gained asylum for simple reasons as wanting to stay for health reasons. In my very humble opinion, it seems that if a person overstays and takes the time to hire an attorney and appeal for asylum, more often than not an immigration judge will grant it.

Correction: Our friend with the abusive husband was granted an immediate unconditional 10-year green card, not asylum.

[dnoblett]

 

Asylum is a way to appeal to an immigration judge to stay in the US. Many who overstay use this method to gain a green card. My wife and her son where asylees when I met them. The immigration judge granted asylum simply because their petitioner died 6 months after their arrival and the judge didn't have the heart to boot them out of the country.

 

I have been a character witness in two immigration asylum hearings. One friend was granted asylum because she escaped her abusive American husband... she had police reports, plus when recounting all of the acts her husband committed she didn't just cry, but wailed endlessly. Both the State and the judge had teared up on listening to retell.

 

Another good friend, Mary, was granted asylum due to a thesis she had written during her days attending a Christian seminary in China. She was given a letter suggesting that she not return to China to visit, as there was a chance of her being arrested. An American friend of Mary's, a PHD from San Diego State Univ., attended her hearing. He stated that he was fluent in Chinese, had studied in China for years, knew Mary's Seminary professor who suggested Mary not return to China... Anyway, she was granted asylum.

 

I've also know friends who've gained asylum for simple reasons as wanting to stay for health reasons. In my very humble opinion, it seems that if a person overstays and takes the time to hire an attorney and appeal for asylum, more often than not an immigration judge will grant it.

Correction: Our friend with the abusive husband was granted an immediate unconditional 10-year green card, not asylum.

 

Sounds like Jany's story.

[Dennis143]

 

 

Asylum is a way to appeal to an immigration judge to stay in the US. Many who overstay use this method to gain a green card. My wife and her son where asylees when I met them. The immigration judge granted asylum simply because their petitioner died 6 months after their arrival and the judge didn't have the heart to boot them out of the country.

 

I have been a character witness in two immigration asylum hearings. One friend was granted asylum because she escaped her abusive American husband... she had police reports, plus when recounting all of the acts her husband committed she didn't just cry, but wailed endlessly. Both the State and the judge had teared up on listening to retell.

 

Another good friend, Mary, was granted asylum due to a thesis she had written during her days attending a Christian seminary in China. She was given a letter suggesting that she not return to China to visit, as there was a chance of her being arrested. An American friend of Mary's, a PHD from San Diego State Univ., attended her hearing. He stated that he was fluent in Chinese, had studied in China for years, knew Mary's Seminary professor who suggested Mary not return to China... Anyway, she was granted asylum.

 

I've also know friends who've gained asylum for simple reasons as wanting to stay for health reasons. In my very humble opinion, it seems that if a person overstays and takes the time to hire an attorney and appeal for asylum, more often than not an immigration judge will grant it.

Correction: Our friend with the abusive husband was granted an immediate unconditional 10-year green card, not asylum.

 

Sounds like Jany's story.

 

Yeah, I was thinking the same thing, Dan. Our friend's abusive husband was simply looking for a sex slave that he could humiliate and degrade in order to fulfill his own sexual fantasies. The final straw was when he started playing Russian Roulette while she sucked on the end of a revolver's barrel.

[Dennis143]

On a brighter note...

 

I just remembered that a woman told me that she was granted asylum by saying that she wanted a second child and if she returned to China she'd be forced to abort.

[Dan R]

On a brighter note...

 

I just remembered that a woman told me that she was granted asylum by saying that she wanted a second child and if she returned to China she'd be forced to abort.

A husband and wife, friends of mine were granted asylum because they had a child while here and presented evidence that they already had a child in China. I've heard that this is not accepted any more. Besides China is now considering a two child policy.

[Dennis143]

 

 

On a brighter note...

 

I just remembered that a woman told me that she was granted asylum by saying that she wanted a second child and if she returned to China she'd be forced to abort.

A husband and wife, friends of mine were granted asylum because they had a child while here and presented evidence that they already had a child in China. I've heard that this is not accepted any more. Besides China is now considering a two child policy.

One never really knows how a US Immigration judge will decide. My personal opinion is that if the person petitioning to stay shows a history of good character and not being a burden on the state, odds are in their favor to be granted asylum or GC. I really believe that the immigration courts lean towards a favorable outcome vs. denial and deportation which seldom happans... Randy knows of a deportation back to China.

[Randy W]

 

 

On a brighter note...

 

I just remembered that a woman told me that she was granted asylum by saying that she wanted a second child and if she returned to China she'd be forced to abort.

A husband and wife, friends of mine were granted asylum because they had a child while here and presented evidence that they already had a child in China. I've heard that this is not accepted any more. Besides China is now considering a two child policy.

One never really knows how a US Immigration judge will decide. My personal opinion is that if the person petitioning to stay shows a history of good character and not being a burden on the state, odds are in their favor to be granted asylum or GC. I really believe that the immigration courts lean towards a favorable outcome vs. denial and deportation which seldom happans... Randy knows of a deportation back to China.

 

 

 

I SAW someone escorted to a plane - but do not know of any of the circumstances.

[Squonk]

Thank you all for the responses.

This is what I know which is not too much.

My wife's friend, her husband, and her son came to the US a few years back on a Business visa.

The husband returned to China and they subsequently got divorced.

She stayed in the US with her son.

Her son finished high school and now is a freshman at a major university.

The business visa has expired, so now she is out of status.

She applied for asylum for her and her son.

After the application was received by the USCIS, the "clock: had started, but was stopped at the 100 day mark.

i asked her why it was stopped and she did not know. She said her previous lawyer had it stopped.

She wants me to contact the Immigration court and have the clock restarted.

I told her that even if I knew what I was doing, which I do not, I thought it was imperative for her to find out why the clock was stopped in the first place.

I do not think she was happy with this, but I told that her that I do not know what I am doing and that I could easily make a mistake that could jepardize her application.

-Sqounk