Family Members of Asylum Seekers – Beware!

The sister of my asylum-seeker client recently got an unpleasant surprise from the U.S. Embassy in her country. The sister is a prominent journalist who had come to the Embassy several times (at the Embassy’s request) to brief U.S. diplomats on the situation in her country. She and her family members held B-1/B-2 visitor visas to the United States. A few weeks ago, the consular section called and demanded that the sister appear for a visa “re-interview.” When she asked for a one-day delay due to a previously-scheduled medical appointment for her child, she was refused.

The sister dutifully arrived at the U.S. Embassy, where she was kept waiting for two hours. Finally, the consular officer met with her and informed her that her visitor visa was being revoked because her sister (my client) was seeking asylum in the United States. The sister, of course, objected, noting that she had the visa for some time but had not used it. Also, she explained that she had been meeting with Embassy officials to discuss the situation in her country, at some risk to herself. All this was of no avail, and the sister’s visa was revoked. To add insult to injury (and without any evidence), the consular officer accused the sister of wanting to move to the United States so her husband could get a better job and make more money.

The US Embassy proves that it's not just the NSA that can damage our diplomatic relations.
A U.S. consular officer proves that it’s not just the NSA that can damage our diplomatic relations.

On her way out, the sister ran into a local Embassy employee who she had befriended during her two hour wait. When the employee learned what happened, he told the sister that the Embassy had been revoking visas for people whose family members were seeking asylum in the United States.

Before her sister went to the re-interview, my client called me to tell me what was happening. I suggested that her sister speak to her contacts at the Embassy. Her contacts are (presumably) in the diplomatic or public affairs sections of the Embassy, not the consular section, and they told her that there was nothing they could do.

So it seems that a person who had been a useful contact for our country, and who is an up-and-coming journalist, was insulted, embarrassed, and had her visa revoked, all because her sister has a pending asylum case in the United States. For most relatives of asylum seekers, that would be the end of the story. But in this case, since the sister is somewhat high-profile, the matter worked its way up the chain to higher ranking diplomats, who were apparently quite upset at the doings of their brethren in the consular section. There is now an effort underway to re-issue the visa, but the outcome is far from clear, as officers in the diplomatic and public affairs sections do not have authority over the consular section (and heaven forbid that one section would work in concert with another).

As best as we can tell, when my client filed her asylum application, the consular section was not alerted. But when she applied for her work permit (after the application had been pending for 150 days due to the asylum backlog), the application for an employment document triggered notice to the consulate, which was (somehow) aware of her sister. The visa was then revoked.

This is not the first time that one of my clients’ family members had trouble as a result of an asylum application. I wrote previously about two clients–spouses of asylum seekers–who had their visa applications denied because of their spouses’ asylum applications. In those cases, I was more concerned with the breaches of confidentiality (the consular section informed the spouses that their visas were being revoked because of their spouses’ asylum claims; the problem is that in some cases, people seek asylum because of persecution by a family member, so informing the relatives of the asylum applications was a breach of confidentiality).

For me, the take-away from all this for asylum applicants and their family members is that family members may be denied non-immigrant visas or have their visas revoked once the consulate learns about the asylum application. But maybe the more interesting question is, how should the consulates deal with family members of asylum seekers?

The easy answer (and the one I prefer) is that consulates should not be informed about the asylum applications in the first place, and if they are informed, they should take no action against family members (and they certainly should not violate confidentiality). Asylum is a humanitarian form of relief and people (or their family members) should not be penalized for pursuing legitimate claims.

The counter-argument, I suppose, is that consulates are required to determine whether applicants for non-immigrant visas are actually intending immigrants, and the behavior of relatives may be relevant to that determination. One problem with this argument, at least in the cases I’ve mentioned, is that there was always pretty good evidence that the family members were not intending immigrants. The visas were denied or revoked anyway, seemingly solely because a relative had filed for asylum. Another problem with this argument is that all my clients’ asylum cases were legitimate (two were granted and one is pending). I can more easily understand the consulates revoking or denying a family member’s visas where their relative has filed a fraudulent claim. But that is not the situation in any of the cases I’ve discussed.

As things now stand, asylum seekers in the U.S. face a sort-of Sophie’s choice: Save myself and the family members in the U.S. with me, but sacrifice my relatives who are trying to get visas. I don’t see how this comports with the spirit of our international obligations, or with any notion of morality. It seems naive to imagine that this policy of excluding family members of asylum seekers will be discontinued anytime soon, but maybe if the consular sections continue to act contrary to the diplomatic sections, as happened to my client’s sister, there will be some pressure to behave a bit better. For the sake of diplomacy and human rights, I hope so.

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417 comments

  1. Hi
    Kindly tell me and my mother have B1/B2 visit visa of USA.I want to take asylum and my mother wants to go back, would this affect the accepted visit visa of my mother and if so how can we save her visa from revoking.
    Regards

    Reply
    • It is unlikely that your asylum case will affect your mother’s visa, though it could – there is no guarantee,. There is some risk that the government will cancel her visa due to your asylum application, but I think that is unlikely. I recommend that you talk to a lawyer to evaluate the specifics of your case. Take care, Jason

      Reply
  2. hi.
    sir i want to ask few questions i hope you will guide me in this regard.
    i am a married man in Pakistan and i have my wife and kids in Pakistan.
    I have a valid USA b1 visa but my wife and kids do not have visa of USA.
    I fell in love with a girl who also have a valid visa for USA but her visa is also a visit visa.
    i have planned to go to USA and get marry with girl to whom i am in love and then apply for asylum.
    SIR can i apply for asylum on this basis and what will be effect on my first wife and my kids because i do not want to divorce her and also want to marry with my love.
    My religion allow me to have four wives at a time but can USA law allow this thing or not.
    sir kindly guide me in this regard. can i shall apply for asylum while having two wives at a time.
    if not then what i have to follow
    thanks

    Reply
    • US immigration law actually bars you from immigrating if you have more than one wife. How that affects an asylum case, I am not sure. Also, I am not sure how that forms the basis for an asylum claim. You may want to talk to a lawyer about the specifics of your case before you come here for asylum. Take care, Jason

      Reply
  3. I would like to know what are the chances of my F1 visa getting accepted from Nepal when both of my parents are in the US under asylum? They have already filed for our case but it has already been 5 years with no confirmation.

    Reply
    • There is certainly a chance. The more evidence you have that you will return to Nepal at the end of your studies, the more likely it is that the visa will be approved. Take care, Jason

      Reply
  4. Hello Jason, I have a question
    My brother his wife and 3-4 years old baby having asylum approved this year of may2016.can my mother and me aooly for b1/b2 visas.what are the chances for visa ? Tel me. My father is a govt employee and having in good position.I have also a businessman.I am married but apply only me and my mother.reply me

    Reply
  5. Hello Jason, I have a question
    My brother his wife and 3-4 years old baby having asylum approved this year of may2016.can my mother and me aooly for b1/b2 visas.what are the chances for visa ? Tel me. My father is a govt employee and having in good position.I have also a businessman.I am married but apply only me and my mother.reply me

    Reply
    • You can apply. Whether your brother’s asylum will make it more difficult for you, I do not know. Generally, the people who have the most trouble are those who can benefit as derivatives of the asylum – the spouse and minor child. It is less likely that your brother’s asylum will be a problem for you and your mother. Nevertheless, it may be a factor, and the Embassy will most likely know about it, so do not try to hide it (if you do, it will be much more likely that your visa will be denied). Take care, Jason

      Reply
      • Thanks Jason

        Reply
  6. Hi. I am Saher. First of all, I would like to thank you for your help.

    I used to be an exchange visitor in 2014 and my intention was never to stay in the US forever as I have to return to my family and husband. I was supposed to return to my home country in May 2015 but I could not because of the war that started in Mar 2015. I did not know what to do so I consulted an Arab lawyer in the US who convinced me that asylum is my only option as I have a j1 visa. I was still legally staying as my visa was extended for another year but I had no family to stay with in the US if the war did not stop. I applied for asylum in Aug 2015 as it was my final solution. When the airport in my city opened, I withdrew the asylum to return to my home country to see my sick father and husband in Nov 2015. I received a confirmation letter in January 2016 that It was canceled.

    Now, my husband got a full scholarship to one of US universities and thankfully he got a student visa two months ago. Now, I will apply for f2 visa to accompany my husband but I am afraid that my visa will be denied as my name might be recorded in the US system( by the way I also wrote my husband’s and family’s names on my asylum application). . Can you advise me what to do before applying for the visa?. I really would like to prepare myself well for the interview as the traveling expenses to the US embassy is so expensive.

    Thanks for your help

    Reply
    • You may want to talk to a lawyer who specializes in non-immigrant visas. Maybe your husband’s school can recommend someone. First, the Embassy will definitely know that you applied for asylum before, so do not try to hide that fact – if they think you are hiding it, they will deny your case. Second, make sure anything you tell them is consistent with what you said in your asylum application (which they have a copy of). Third, you need to demonstrate eligibility for the visa and that you will return to your country at the end of the study period, so you need evidence about that (maybe if you find a lawyer, he/she can help with this). Finally, you may have to show that you fulfilled the two-year home residency requirement of your J-1 visa. This point, I am not sure about, but at least you should check to make sue that you fulfilled it, or you do not need to fulfill it. Your best bet is to talk to a lawyer about the specifics of your case before you apply. Good luck, Jason

      Reply
  7. Hi. Thanks for taking the time to answer all these questions. You’re a godsend!

    I have a question. If a US citizen sponsors somebody to visit the country on a tourist visa, pledging to pay for their expenses, etc., as is normally the case, and then that alien asks for asylum once in the country, what are the effects of that on the US citizen sponsor? From what I’ve read on the Affidavit of Support form, and on various websites, the information seems incomplete or contradictory. Some versions of the form say the sponsor is obligated to care for the alien for only 3 years. Some versions don’t specify any period of time. Some websites say it is until the alien becomes a citizen or works for 10 years. And I believe I read somewhere that asylum seekers are actually exempt from the whole thing.

    What information do you have? And has any sponsor been sued due to an alien requesting asylum on a tourist or other non-immigrant visa?

    Thanks again.

    Reply
    • This is a good question, and like most good questions, I really do not know the answer. If you sponsored the person using form I-864 (they are your relative or you are a joint sponsor), I believe that the obligation normally extends until the person becomes a US citizen. I do not know the obligation if you filed using form I-134. Often times the website http://www.uscis.gov has good information about this type of thing, but I am not sure on this point. As to how asylum affects your obligation, again, I am not sure. People with asylum are eligible for certain government benefits as a result of receiving asylum, so I would be surprised if your obligation still applies. My guess is that there is no real answer to this question, as it does not come up enough and USCIS has probably not ever had to decide it. I am not sure if that makes you fee any better, though. Finally, I have done many cases and worked with many lawyers, I know that the US government can seek to collect money from a financial sponsor, but I have never heard of it actually happening, so I guess it is pretty rare. I suppose you could hire a lawyer to research this, but you might be better off saving your money until you actually have a problem, since that is probably very unlikely. Take care, Jason

      Reply
    • Thanks for the response. If you come across any information, please consider sharing it with me.

      Thanks again.

      Reply
  8. Hello sir,

    I came here on f1 visa ans then I applied for asylum. My case is pending now i got my EAD and everything. But, my question is my family wants to come here they are alone in my country i have my mom , dad and my younger sister so they all three wants to come in usa. So what’s the process for that let me know can they apply for visitors visa. If yes, then how much chance for approval. And one more thing i am married my wife is in India but she apply for divorce in India. So does that case is affect my asylum case.

    Highly appreciate if you can help me
    Thanks
    Harry

    Reply
    • Your family can apply for visas. Some visas, like the H1b, may not be affected by the fact that you applied for asylum. Other visas, like the B or F, may be affected, and for such visas, it will likely be more difficult for them to get a visa. I suspect that a spouse or minor child will have a harder time than a parent or an adult child, but your asylum case could affect any of your relatives. In any case, all they can do is try, and make the best application they can make. Hopefully, it will be approved. As for the divorce, once you are divorced, you will need to inform USCIS (maybe at the asylum interview), but I doubt it will affect your asylum case. Take care, Jason

      Reply
  9. I just went for my asylum interview and I am not sure it went well. Can I apply for F1 visa while waiting for my result. I came in with B2 visa and applied within the year while in status. Can I get F1 and then cancel the asylum application. Thanks

    Reply
    • If you were here for more than 6 months, your B visa has probably expired, which means you would probably need to leave the US to get an F visa at an embassy overseas. Given that you filed for asylum, and even if you withdraw that case, my guess is that it would be unlikely you would get the F visa. Maybe your idea is possible, but I doubt it – you should talk to a lawyer about your specific situation to see whether there is anything else you can do. Take care, Jason

      Reply
      • Thank you very much. My 6 months expired in June. Iwhat will be my option if my assylum is not approved?

        Reply
        • If you are out of status, your case will go to court where you can present your asylum case again. If you are still in status, you will just continue in whatever status you currently have. Take care, Jason

          Reply
  10. I have had already filed asylum case last few months ago and
    i did received all documentation from my attorney.
    What would be happen? USA VISA expire on 10 oct 2016?

    But i can apply work permit after mid of november ?

    Can i consider legal stay or illegal stay at usa ?

    Reply
    • Your attorney should explain this to you – that is his/her job. You have to wait 150 days after you filed to apply for the work permit. That takes another few months. If you visa has expired, you are out of status, but since you filed for asylum, you are allowed to remain here until the case is resolved. Your status might be called “asylum pending,” which means you are out of status, but your allowed to stay here for the duration of the case. Take care, Jason

      Reply
  11. Greetings! My father is asylum seeker in U.S and he also filed petition for me and my siblings. Two months ago my F-1 Visa refused because of my father’s status. Because I told the truth to visa officer that my father is on asylum. And asking further questions related to my dad, in the end visa officer said I don’t think you are going U.S to study and refused me without asking or checking any documents. My uncle is sponsoring me who is U.S citizen. And now again I received admission from 3 different colleges. My interview is after 4 days. Could you please help me how can I justify things that main purpose of going there is to study and things related to father. I would deeply appreciate your guidance.

    Reply
    • First, the US Embassy already knows about your father and already denied you, so you cannot cover that up. You need evidence to prove that you will return to your country, and that you will not seek asylum in the US. Really, I am doubtful that they will approve you, but it does happen. If they believe you are telling them the truth, and if you have evidence showing your attachment to your home country (own a house, have other family members there), maybe they will grant you. Good luck, Jason

      Reply
  12. Hi. I am Mona. I would like to thank you for giving us part of your time to help us out. I have a question that really concerned me. I have been to the US before three years. I was under j1 visa. I was planing to return to my home country but unfortunately the war in my country started and I had no choice to return. The sponsors of my scholarship extended my visa so I could stay longer. I was concerned that the war may take a long time so I applied for asylum. I only filed the asylum application and mention my husband name but have not applied for permit work yet. 4 months later, the airport in my country opened so I decided to withdraw my asylum application and return home. Now, I am home but the problem is that my husband got admission and full scholarship in a really prestigious university in the US. Now, he is going to apply for f1 visa. I am afraid that my applying and canceling for the asylum application will impact his visa and be denied. Also, if he gets the visa, I am afraid that I will not be able to follow him by applying for f2 visa. Can you advise me what to do in this situation? will that canceling affect our future coming to the US?

    Reply
    • It is not easy to cancel an asylum application. Do you have written confirmation that it was canceled? If not, you might want to check and make sure you do not have a deportation order. You do that by calling 1-800-898-7180 and entering your Alien number. It will tell you whether there is a case against you in court, or a deport order. It is says “Your A number was not found in the system,” it means there is no case and no deport order. If that is the situation, you should not be blocked from returning. However, the fact that you applied for asylum may reduce the likelihood that he or you will get a visa now. You would need to explain what happened and provide evidence in your visa application. It is possible to hire a US lawyer to help. Maybe the school has a list of lawyers that can help with this. Good luck, Jason

      Reply
      • I actually received a notice from them that they received my letter of withdrawing the asylum application and that they confirmed they have canceled it. But, I have not received any order of deporting or even a case because I was still legally staying and already leaving the country.

        Reply
        • Maybe that letter will be good enough. I only started having clients leave recently – since the delays have become so awful.

          Reply
          • Yes. They take so long in reviewing the application.

            What I understand from your reply is that even with the letter I received my husband might get the visa but for me I need to consult a lawyer??. Thanks for your help.

          • You can try without a lawyer, and then if it does not work, find a lawyer to help you. But if you are unsure, and if you can afford it, a lawyer is a good idea.

  13. I just applied for my religious asylum in USA.
    My elder son is 22 Year Old and a fresh Mechanical Engineer.
    Is there any restriction for him to apply and get an H1B visa for USA as my asylum case is pending or once it is approved ?

    Your prompt reply would be highly appreciated.

    Thanking you in advance.

    Reply
    • I doubt your asylum case would affect your adult child’s application for an H1b. If he has a lawyer for the H1b, he should tell the lawyer about your case, but the asylum case itself should not block his H1b. Take care, Jason

      Reply
      • Thank you for your kind reply

        Reply
  14. I am 45 years old and my mother is 70, I was adopted when I was a child. Can I apply asylum with my mother (she as my dependent)? Does it affect that I am not a biological child to her? Although we have all the documentation that proves that I am her child but we may not have the adoption papers as such. Is there a DNA test conducted at any stage?

    Reply
    • You cannot include your mother in your case. The only dependents allowed on an asylum case are minor, unmarried children and your spouse. Adult children cannot be included in a case with their parent. That said, you can each file for asylum, and you can mail the cases together and tell the asylum office about your relationship. Hopefully, they will keep both cases together. The fact that you are adopted is irrelevant and should have no effect. Take care, Jason

      Reply
      • Thank you for your prompt reply, a question linked to that is what if her fear of persecution is based only on my circumstances and she does not have any evidence of her own, but since we live together in our home country so she has an equal fear, how that would affect her case.

        Reply
        • She may still have a case if she faces a danger due to your circumstances. It really depends on the situation, but it sounds like her case may be weaker than yours. Take care, Jason

          Reply
  15. Dear Sir
    1. Can i get any address of Volunteer lawyers or website around DC.
    2. What is the status of getting asylum grants in the States currently too.

    APPRECIATED and i wish i have the knowledge and full humanitarian kindness to help people like you.

    Reply
    • I do not understand your second question. As for a list of lawyers, if you click on the link at right called Immigration Court, and then click on the court nearest where you are located (for you, Arlington, Virginia or Baltimore, Maryland), you will find a link called Legal Aid, which lists some non-profits that may be able to help. Take care, Jason

      Reply
  16. Hello Jason,
    I have a green card through asylum. My dad is applying for B2 visa. What’s his chances of getting the visa. He got a brother who’s a citizen. My father is a married man who still working. Would my asylum hurts his chances of getting the visa?
    Thank you

    Reply
    • Probably he has about the same chance as anyone else from your country. I doubt your asylum will make much difference. Anyway, he can apply and hope for the best. Take care, Jason

      Reply
      • My dad had his interview today. The officer asked him what he does for living and a photo copy of my green card. My dad didn’t have a copy of my green card. He asked him what type of visa did I enter the USA with. And my dad answered tourist visa. He said I’m not gonna give you a visa because you will go and never come back like your son. At this point is there anything my dad can do?
        Thank you Jason

        Reply
        • He can always re-apply, or apply for a different type of visa, but those are not likely to work. Maybe he should talk to a lawyer in the US who helps with non-immigrant visas. Once you are a US citizen, you can sponsor him. Take care, Jason

          Reply
  17. my asylum case is still pending, I got my work authorization and I got my social security. My parents jut got here to the united states after they got accepted by the immigration and they got their green cards now. Does that benifet me ? or can they apply anything for me since they are citizens now ?

    Reply
    • A parent with a green can file for a non-married child, but there is a waiting period, which is very long if you are over 21. A US citizen parent can file for a child, even a married child, but it is a long wait. You can Google “DOS Visa Bulletin” to get an idea about wait times. Unless you are the child of a US citizen parent, and you are under 21, you will most likely have to leave the US and return to get a green card. Before you do that, you should talk to a lawyer. Take care, Jason

      Reply
  18. Hi sir my question is m from Pakistan my husband is in USA and his asylum visa is in process he hv entered mine n my son name as dependent in visa application I shd wait or I can apply visit visa for me n my son is it possible for us ?? If I shd wait thn how long coz asylum case takes Tim ???

    Reply
    • Unfortunately, the process can take several years. Until then, your husband cannot petition for you to come to the US. However, if you can get a visa in another way (tourist, student, work), you can come to the US. Of course, this is difficult – especially since your husband has filed for asylum – but it may be worth trying. Take care, Jason

      Reply
  19. Hello Sir,

    First is thanks to you for giving this valuable time and service to the people’s, I have questions about bag round check.
    1) I’m Indian how long they take for bag round check for me ?
    2) Is they do check in India or in America ?
    3) In bag round check Generally what they do ? Is the Genuineness of documents submitted with Political Asylum application ? , Or Character Records of person ?

    Reply
    • The security background check is done for every asylum seeker. The government checks various data bases to see whether your name is listed there, and if there are any security concerns. The Asylum Office separately checks documents, and I imagine if they have a concern about whether a document is genuine, they will investigate. How long the checks take is not predictable. Sometimes, it is quick; other people wait fir years with no answer. Take care, Jason

      Reply
  20. My brother is asylum applicant and his application is under processing. and i Have B1, B2 Visa it Approved and I am planning to visit USA with my Minor Son ( Canadian ) . any possibility to revoked my visa @ airport ??

    Reply
    • Anything is possible, but I think it is very unlikely. It is a much bigger problem for spouses than siblings. You may want to bring with you evidence that you do not intend to abandon your country of residence (maybe a return plane ticket and evidence of your job and property back home). Take care, Jason

      Reply
      • Thank you , one more Q? it effects to go to the same state of my brother ?! or it doesn’t matter ?

        Reply
        • Sorry – I do not understand what you mean.

          Reply
          • I meant , if my brother in NY and I want to go to NJ ..It is the same issue ?

          • I do not think it much matters which airport you arrive at, so you should just go wherever is most convenient.

  21. Hello Sir,

    I’m very happy and really appreciated service from you, many peoples are getting clarity about this Asylum process by sitting there home because of you,

    My another Question is my two children have over then 21 years if there H1b or F visa not effected… then what about there Green Card in future is there any effect on that ?

    Reply
    • In general, an adult child’s case should not be affected by his parents’ asylum case. However, I do not know the specifics, and you have some concern, you probably should talk to a lawyer about the case. Take care, Jason

      Reply
  22. hello sir,
    i am going yo submit application for political asylum i have few questions kindly give me the answer.
    1) my two sons and my wife is in USA right now, if i do not disclose there particulars in application then it is any problem for me later, as my family is suppurated from me since 3 years back but it’s no legal suppuration.
    2)My two sons are applied for their H1b and F1 visa in USA which is under process is its any problem to get approval if I disclose their particulars in my political Asylum application.

    thanks
    khan

    Reply
    • The I-589 form asks for info about your family, and if you do not disclose it, your case will likely be denied, as it is very probably that the US government will know about your family in the US anyway. If your children are adults (over 21), your application will probably not affect their applications for H1b or F visas. If they are under 21, it should still not affect the H1b visa, but it might affect the F visa application (though if the child already has an F visa, it likely will not make any difference). If you are worried about it, you should consult an attorney to review the specifics of your case and your sons’ cases. Take care, Jason

      Reply
  23. Hello,
    I was included in my husband asylum application, but I have an old order of deportation. How can I request to be excluded from my husband application?
    I appreciate your advice.

    Reply
    • I am not sure how you do that, and your husband certainly needs to list you in his application. It is your husband’s case, so I suppose if he tells the asylum officer at the interview that he does not want you as part of his case, that will work. You can also inform the asylum office by mail, but I doubt this will work. You might want to talk to a lawyer about your situation before Yu decide to go to an interview with your husband, as the old deport order will certainly be an issue. Take care, Jason

      Reply
  24. Hello.
    I had a friend of mineo who applied for asylum several years ago in US.
    His case was pending that time. After a year of applying asylum his mom get seriously health problem (who is dead now) and he came back to his country. Now he wants to apply for tourist visa. Does he still have a chance to get a visa?

    Reply
    • He can try, but it will be more difficult. If the embassy thinks he plans to violate his tourist visa by remaining in the US, they will likely deny his application. He might have better luck with another type of visa, like an H1b or L, or an immigration visa, if he has a sponsor. Take care, Jason

      Reply
      • Hi sir! 1)I want to know if with the touristic visa I can ask for asylum.2)and how can I get a sponsor of employment?.3)if I have a green card can I ask for my brother to come ? And if after being in usa he want to ask for political asylum this will affect me?, please I would like to hear that answer , please as soon as possible.thx.

        Reply
        • 1 – yes; 2 – I do not know about employment cases; 3 – You cannot petition for your brother unless you are a US citizen. You can invite him, and if he can get a visa, he can come. Once he is here, if he wants, he can seek asylum. Take care, Jason

          Reply
      • Hi sir please answer me!!!

        Reply
  25. My brother had applied for an asylum and now he has a green card. I want to apply for a visit visa, you think i can have problems in getting a visa? I have been to US twice in past also.

    Reply
    • The fact that he has asylum could make it more difficult for your to get a visa. However, this is a bigger problem for spouses than it is for siblings, so hopefully you wild get it. Take care, Jason

      Reply
  26. First of all,i appreciate your efforts of answering all queries.
    I want to inquire that i am on F-1 student visa and my spouse case of asylum is still processing(not approved yet).
    Is it going to harm my F-1 visa or my spouse asylum case?
    Thanks.

    Reply
    • We have seen problems for spouses of asylum seekers when they are overseas and seek a new F visa from the US embassy. I you are already here, hopefully you will not have problems. The issue is if the US government thinks you will violate your visa by remanding longer than allowed. The fact that your spouse has sought asylum may cause the government to believe that and deny you the visa. Take care, Jason

      Reply
  27. Hi, I got asylum granted, and my little brother has been rejected twice for a tourist visa, when they asked where are your sisters (one got married US citizen and me, asylee). My question is, it would be affected if he applies for other type of visa like student or athlete (he has proof of famous athlete ). Should he give it a try?

    Reply
    • For certain visas (tourist, student), if the embassy thinks he will violate his visa status and stay in the US, they will deny the visa (and maybe the embassy thinks this, since you applied for asylum). For other visas (H1b, L), it does not matter whether you plan to stay here, so it should be easier for him to get (assuming that is the problem and that he qualifies for such a visa). As an athlete, one visa he might look at is the O visa, for people of extraordinary ability. For that visa, it does not matter whether the embassy thinks he might stay in the US. Probably, a lawyer can help with the O visa application, as it can be tricky, but take a look at it – maybe that will help. Take care, Jason

      Reply
  28. Hi Jason,

    I have a pending asylum case and I am the primary applicant, my wife sister is US national can she sponsor to my wife ” if yes” what impact will be on my case and will it benefit for me or not, and can we submit the application at our own or Lawyer will be beneficial.

    Please advise.

    Reply
    • She can sponsor your wife and her family (including you and any minor, unmarried children). However, this petition takes over 10 years, so it is not so useful. If she does file for your family, it should not affect your asylum case as long as everything in both applications (asylum and sister’s petition) is consistent. Take care, Jason

      Reply
  29. HI Jason!
    If I had a refugee claim denied in Canada and now have another basis for asylum in U.S…is it safe to apply in U.S?

    Reply
    • You can apply. You will need to explain what happened in Canada, and the US government may have a copy of your Canadian record. Also, before you apply, you might want to talk to a lawyer, as I do not know the specifics of your case and maybe there are other problems for you under the Safe Third Country Agreement. Take care, Jason

      Reply
      • Thanks Jason…appreciate you!
        Can apply based on courtesy stigma in a case of a child with a severe disability?

        Reply
        • The special needs child is a U.S citizen…and a toddler.

          Reply
          • I really do not know whether this would be a consideration. If you talk to a lawyer about the issue, mention this to him/her.

  30. Is it possible to seek for assylum from ghana to usa

    Reply
    • If you are in the US and fear persecution in Ghana, you can ask asylum here. Take care, Jason

      Reply
  31. We are 3 sisters and we 3 had got a B2 visa for USA in 2013 november, and applied for an asylum however My case and younger siblings case is still pending my older sisters was granted. My question to you is my mother is alone and i have been trying to get her the visa but it got rejected twice. I asked an attorney and he said that she will not get the visa until 2020 because of our asylum and the reason will remain intact in their system so no matter how many times she applys it will get rejected. Is this true? My mother is 70+ but she has no intensions of staying here because my other sister who resides in dubai has cancer so my mother wants to be there and take care of her Having said that my mother just wants to visit us as that is one of her last wish before anything happens Godforbid.
    Please guide me through as i have tried to ask alot of people but not gotten any clear answere.
    I would really appreciate your help and time in helping me out as i have been very stressed.

    Reply
    • She can always try again, and the more evidence she has that she plans to return, the better. I do not agree that there is no chance of her getting a visa, but obviously, it is unlikely. An alternative is for you to visit her in a third country (not your home country). You can apply for Advance Parole using form I-131 (available at http://www.uscis.gov). If you have a humanitarian reason, like visiting a sick relative, and some evidence, like a doctor’s note, you should be able to get Advance Parole and travel to visit her while your asylum case is pending. Of course, your sister who is granted can get a Refugee Travel Document (also using form I-131) to travel to a third country. Take care, Jason

      Reply
  32. Thank you for your information.

    My brother is asylum applicant and his application is under processing. and i am applying for Study visa, what if i shouldn’t mention about him in my application. (i.e. I have no brother), what do you suggest on that ? will in work ?

    Reply
    • That is a bad idea – he may have mentioned you (an asylum applicant is required to list his siblings), so you may already be in a data base (though really, I do not know one way or the other). If so, lying about your brother could harm your case and maybe his too. Generally, sibling are less affected by the problem discussed in the above article than spouses or children, so hopefully his application will not affect you. Take care, Jason

      Reply
  33. what are the other types of Visa we can change it into?

    Reply
    • I am not sure I understand the question – Sorry, Jason

      Reply
  34. I want to ask , if my parents have gone to Uk and applied for asylum in the U.K and im staying in my home country. If they win the asylum case or if their case is running., Can i go and visit my parents in the Uk? what does the UK law says about it. Please reply

    Reply
    • I have no idea about UK law. You need to ask a UK lawyer. Take care, Jason

      Reply
  35. Hello,

    I have a question to ask you? Can someone change this Tourist visa before it expires to something else? And what are the other options?

    Reply
    • IF the visa has not expired, you can apply to change it to any other type of visa using form I-539. Take care, Jason

      Reply
  36. Hi there,

    My brother’s application is pending in Australian Immigration Department for Asylum, Can I get Australian Study Visa or my brother’s file will effect my application ??

    Reply
    • If you leave the US while your asylum case is pending, you need to first get Advance Parole, using form I-131, available at http://www.uscis.gov. It is not always easy to get. It is best to talk to a lawyer before you apply for Advance Parole. Take care, Jason

      Reply
  37. Good day Mr. Jason

    I am a asylum applicant, my case is pending. I included my spouse on my application. I understand that my mother would not get visa, if she wants to come visit me. However does the same apply to my husband? We would like his mother to come visit us. We have a baby & would like our parents to come see our baby.

    Reply
    • She or your own mother can try to get a visa. If they have good evidence showing that they will return home when the visa ends, they may get the visa. certainly, we have had clients whose parents or other relatives were able to get visas, so it is worth a try. Good luck, Jason

      Reply
  38. related query.. say if i file for asylum, will it affect my sister’s green card or naturalization in future?

    Reply
  39. dear sir, i live in Iran with my family. my father were in us for 10 years, about 40 years ago! and he graduated in electrical engineering in new york stonybrook university. and now we decided to travel to us for start new life! however if we arrived to the us can my father request for asylee ? i noticed a law about if a person who visited us already he can sing up for asylee in us. my father have all his document when he was in us like ssn-driving license and ….
    tank you

    Reply
    • If he has been persecuted in Iran or faces a likelihood of persecution in the future, he may be eligible. He should probably consult with an attorney about the specifics of his case so he can get proper advice. Take care, Jason

      Reply
      • tank you for your help Jason. my father has not been persecuted in Iran or in the future, but i read the law for people who were in us already in http://www.uscis.gov and did not writhe any thing about persecution for this case or i did not noticed about that .(in other case like Political or religious minority they need persecution)
        and they have form called I-589 that we should complete it and have some requisition like last entry to us or last place you were live and … ( fortunately my father have them all because he was in us for 10 years with f-1 visa).
        how ever thank you for your answer.

        Reply
  40. One of my colleagues is seeking asylum here in the US. Unfortunately her 10 yr son is back in her home country (El Salvador). Since she is NOT an asylee yet (her application is still pending) is there anyway to bring her son to the US prior to the grant of asylum? The poor kid only has only his aging grandma to look after him.

    Appreciate any insight you can provide on how we can reunite a 10 yr old with his mother whose asylum application is still pending. Thank you in advance!

    Reply
    • Take a look at this website, it may help: https://www.uscis.gov/CAM. I have not tried it, but I have heard that some people are using it. Good luck, Jason

      Reply
      • Thank you so much! I will definitely look into it. We weren’t aware of this prior to your comment…so thank you!!

        Reply
  41. As already told my brother asylum accepted and he got Greencard. Now he is working in a good company and has a good background history in USA. I am planning to apply for my master level of academic study. Should I apply for F1 visa or there is other solution. If there is would you please help me to understand the way I can go through… kindly waiting for your reply Sir !!!

    Reply
    • I already replied to this – But I will add that there are many options for immigrant and non-immigrant visas, and I would not be able to discuss them here. You should consult a lawyer who can go over all the possibilities in your case. Take care, Jason

      Reply
  42. My brother got Greencard from the asylum. Should i apply for student visa or not ??? any suggestion ..plz help me

    Reply
    • As already told my brother asylum accepted and he got Greencard. Now he is working in a good company and has a good background history in USA. I am planning to apply for my master level of academic study. Should I apply for F1 visa or there is other solution. If there is would you please help me to understand the way I can go through… kindly waiting for your reply Sir !!!

      Reply
      • If you are accept at a school and the provide you with a DS-20 form, you can apply for the F-1 visa. I doubt your brother’s asylum would affect your case, but I suppose it could. You should provide evidence that you plan to return to your country at the end of your studies, and hopefully the F-1 will be granted. Take care, Jason

        Reply
        • Thankyou so much Jason Dzubow for information !!! 🙂

          Reply
  43. my family (parents and siblings) already have the visa but they have not visited me yet in the usa. i already have filed for asylum and pending. do you think there is a big chance that they will be denied entry to the usa at the portal of entry (airport) ?? thank you !

    Reply
    • It is possible, but I highly doubt that will happen. I have never heard of that happening at the border. They might want to bring evidence that they plan to return home (return plane ticket, evidence of job and property back home), but they should be able to travel here and enter. Take care, Jason

      Reply
  44. Hello Jason,

    First of of all I must appreciate your efforts helping out ppl and wrote a wonderful story,might be applicable and useful for may ppl around the globe.
    I am question that may have similar situation once its comes to connecting the B2 visa application for famiily.
    I recently have my Visa cancelled while applying for New born B2 visa at US embassy.Initially we got B2 visa together during one interview with myself at primary applicant (Financial status+ work ties) and applicants includes My parents +kids+wife .If my visa is cancelled (due to weak ties to country of residence) does my parent’s visas are also cancelled.
    When I inquired Immigration officer ,”what about my family visas” ,she said “they are all cancelled”.
    My parents already visited US 3 times from canadian border (by car) last year but that was before my own visa was cancelled.
    I have very strong feeling that my family means (my kids + wife) not the parents even though we all got visa together at the same time of Interview.

    Please advise what is the best way to check my parent’s visa status ..Since they are in Canada (visitor) they could easily go with some one (Canadian) accross the border to check if visas are still good .

    Regards
    MAU

    Reply
    • It is not really something I know about. Maybe they can contact the local US consulate in Canada to ask. Usually, this can be done by email or phone.

      Reply
  45. Hi Jason,

    My Parents got their visas before I applied for Asylum, and came to the US twice before and after I filed my application but their visas now expired?
    If they applied for a visa now do you think that they are going to get a rejection?
    If yes, should they wait till I get my asylum case approved or till I get the green card? (Although this will be too long).
    Does this situation also affect family members who have permanent residency in another country?

    Thank you for your help.

    Reply
    • If they have permanent residency in a third country, it is less likely to affect the visa application, and in general, we have not seen problems for parents of asylum applicants. We have seen problems for spouses of applicants. The more ties they can show to the home country, the easier it will be to get a visa. Also, since they previously had visas and complied with them, that will help too.

      Reply
      • Thanks a lot for your reply.

        Reply
  46. Thats strange. Do u think this will apply to those who stuck in backlog but already granted work authorization or those whose work authorization is pending

    Reply
    • I think this applies to anyone who has applied for asylum and whose family members are outside the US trying to get a visa.

      Reply
  47. I am literally shocked about this fact now, because I am going to submit my asylum application after couple days.
    Mr. Jason, if I applied for asylum, did that mean a guarantee for future F1-visa refusal for my little brother who is struggling with war in Syria. Because he is planning to study in USA next year. In other words, is there any case you know that F1-visa seeker did get his visa even though his sibling is Asylum seeker to dispel the doubts about this. My brother is diligent and he can get scholarship in decent US university and I do not want to be a stumbling block in his future way.

    Reply
    • I do know of cases where sibling and even spouses and children received visas after their relative filed for asylum. My guess is that filing for asylum affects visa applications for children and spouses more than visa applications for siblings (since your spouse and children can directly benefit from your asylum application). Nevertheless, I do think it is possible that your application could affect your brother’s. Maybe he could file for his F-1 visa before you file for asylum, if that is possible. Otherwise, if he files after you, he should make sure to prepare the strongest application possible to give him the best chance of getting the visa. Good luck, Jason

      Reply
  48. Is it the same if the asylum seeker was granted asylum and got his status adjusted e.g. holding a green card or getting citizenship ?
    Another question Do you think that the DHS shares only the status of the the asylum seeker with the consulates or they may share even the details of his application with them ?
    Thank you !

    Reply
    • Good questions. I don’t know what info is shared with the consulates. Obviously, the fact that the person has filed for or received asylum is shared, but beyond that I don’t know. If I had to guess, I would suspect that they don’t share many details of the application, as that would be difficult to do logistically, and there really is not much point (unless the consulate specifically requests such information, as they might do for a case where a family member is following to join the principal asylum grantee). As for the first question, the asylum seekers I mention here are stuck in the backlog, still waiting for their decision.

      Reply
  49. […] "The sister of my asylum-seeker client recently got an unpleasant surprise from the U.S. Embassy in her country.  The sister is a prominent journalist who had come to the Embassy several times (at the Embassy’s request) to brief U.S. diplomats on the situation in her country.  She and her family members held B-1/B-2 visitor visas to the United States.  A few weeks ago, the consular section called and demanded that the sister appear for a visa “re-interview.” When she asked for a one-day delay due to a previously-scheduled medical appointment for her child, she was refused.  The sister dutifully arrived at the U.S. Embassy, where she was kept waiting for two hours.  Finally, the consular officer met with her and informed her that her visitor visa was being revoked because her sister (my client) was seeking asylum in the United States." – Jason Dzubow, Apr. 18, 2014. […]

    Reply
  50. That is a horrifying story. Could you share at which consulate this happened?

    Reply
    • Unfortunately, I cannot, as it could prejudice the sister and other family members.

      Reply
      • What if the sister visited US in the past and currently hold a visa? Do u think the decision of the consulate would have been different?

        Reply
        • I think it is highly likely that the sister will not have a problem. However, if she still has a visa, she would not need to visit the consulate. Even if her visa has expired and she needs to apply for a new visa, she would probably be ok. It’s just that you never know. The point is, if you are the relative of an asylum applicant and you apply for a visa, there is some risk of denial based on the fact that your relative has sought asylum.

          Reply

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