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 All this was of no avail, and the sister’s visa was revoked.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.
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.
Hi , me and my wife came last year on b1/b2 visa.my wife go back after 2 moths but I filed for asylum and the case is pending. I have my work authorisation and social security. Now she wants to come. Can she come on her visitor visa? And does her trip affects my status or asylum case?
Depending on your case, her return trip could affect your case – you may need to explain why she could safely return to a country where you face danger. If she has a visa, she can try to come back. There is no guarantee that she will be able to enter the US without a problem, though, as she could be stopped at the airport and sent back if they think she plans to remain here in violation of her B visa (by seeking asylum, for example). If they want to send her back, she can ask for asylum then and there, but she may be detained and be forced to present her case in court, rather than with the asylum office. Hopefully, this does not happen, but it is possible. Take care, Jason
Dear sir,
I came to d US with my wife n kids. A year later we got divorced n I got married to am american woman. Prior to filing for green card, we had misunderstanding n got divorced. Now can I n my children seek asylum ? Or can i remarry my first wife for all of us to seek assylum together? Will there b any problem?
Thanks
Swara
I suppose you can file asylum by yourself (and/or with your children) or if you re-marry your wife, you can file with her (or she can file herself or with the children, assuming she has a case and that the children are under 21 and unmarried). One problem you may face is that a person must file for asylum within the first year in the US. If not, you may not be eligible for asylum unless you find an exception to that rule. Talk to a lawyer about that to see whether the lawyer can help you. Good luck, Jason
Hello, I am an F1 one study, I have never been out of status. and I also filed for Asylum a couple years ago.I have not gotten a date for my first interview yet. but I am about to graduate and i would like my parent to attend. can i invite the? does the embassy know about my asylum? if yes will that be held again my parents. thank you
Hello Jason
Please respond to my questions. I am going nut. Thanks
You can invite them. The fact that you have an asylum case may make it more difficult for them (but maybe not, as parents are less affected by this than spouses or children). They certainly can try, and the more evidence they have of connection to their country, the more likelihood for obtaining the visa. Also, I think the embassy will know about your asylum, so your parents should not try to hide that. Take care, Jason
Hi Jason,
Thank you for answering people’s question with patience. You are one of a kind.
I am F1 student and my wife is granted asylum. She filed relative petition(derivative asylum application) for me. It has been a year now since this petition is filed. It is out of the normal processing time and USCIS informed me that they are processing the application. I need to travel to a third country for research and I need to renew my F1 visa to return to the US. I have traveled to my home country in the past before my wife filed the petition for me and while her application was ongoing before she was granted. The embassy renewed my visa without any problem back then.
Given the current administration new way of doing things, do you think the embassy at a third country may deny my F1 visa renewal? How will my pending derivative asylum application will be affected.
Thank so much in advance for your help.
I think it is very possible that you will be denied an F-1 visa if you try to get one overseas. An F-1 visa is only for people who plan to study in the US and then leave. The fact that your wife filed for you means that you plan to stay permanently, so there is a conflict and the embassy may deny the visa. There are a number of ways to approach this problem, and I recommend you sit down with a lawyer to see what your options are. Take care, Jason
Jason
FYI, I contacted the Consular section of the Consulate General if l it was okey for my wife to apply for B2 visa and accompany me, in their official reply they wrote that it was okey to apply and that her application is not going to affect mine as the application of each applicant is evaluated based on the individual’s ties to their home country.
I am very disappointed now. I am not an intending immigrant but am considered so by the Consular section at the embassy.
I have come to an understand that young couples are never allowed to get visas togethe and travel to the US. I am wondering if there is anything to be done to cancel the revocation. And, is this revocation going to affect all my future applications or how can I bypass this problem of revocation the next time I apply? Does not this mean that my wife and I should never ask for visas together at the same time?
Hi Jason,
I was issued a US B1/B2 visa 20 days ago to attend TESOL convention in Seattle on March 20, 2017. I was sponsored by the US embassy, Regional Language Office. All the appointments were booked in the consular section in the consulate that is close to me, so the Regional English Language Officer made a US visa referral appointment in the embassy’s Consular section where I got the visa. I was able to book an appointment for my wife some time after my own interview and she applied to B2 visa, in the Consulate that is close to where we live ,to accompany me during my stay and celebrate our first anniversary in the US together. We had no intention to stay in the US. My wife got rejected a visa under section 214(b) and after 6 hours I got an email from the Consular section in the embassy that my visa got revoked because some information become available to them that shows my ineligibility to be granted a visa. Inside the refusal letter, it specifically calls attention to 214(b). Since my wife is rejected a visa and I have a full time job and I am a PhD student at my home country, why should they suspect me to be an intending immigrant and revoke my visa? My wife never gave any sign that we tend to stay there and I have no relative in the US that seeks asylum.
FYI, I contacted the Consular section of the Consulate General if l it was okey for my wife to apply for B2 visa and accompany me, in their official reply they wrote that it was okey to apply and that her application is not going to affect mine as the application of each applicant is evaluated based on the individual’s ties to their home country
Sorry, I can only assist with asylum cases here. You might look for a lawyer to help you re-apply. There are lawyers who specifically help with non-immigrant visas. Take care, Jason
Hi Jason,
I was issued a US B1/B2 visa 20 days ago to attend TESOL convention in Seattle on March 20, 2017. I was sponsored by the US embassy, Regional Language Office. All the appointments were booked in the consular section in the consulate that is close to me, so the Regional English Language Officer made a US visa referral appointment in the embassy’s Consular section where I got the visa. I was able to book an appointment for my wife some time after my own interview and she applied to B2 visa, in the Consulate that is close to where we live ,to accompany me during my stay and celebrate our first anniversary in the US together. We had no intention to stay in the US. My wife got rejected a visa under section 214(b) and after 6 hours I got an email from the Consular section in the embassy that my visa got revoked because some information become available to them that shows my ineligibility to be granted a visa. Inside the refusal letter, it specifically calls attention to 214(b). Since my wife is rejected a visa and I have a full time job and I am a PhD student at my home country, why should they suspect me to be an intending immigrant and revoke my visa? My wife never gave any sign that we tend to stay there and I have no relative in the US that seeks asylum.
FYI, I contacted the Consular section of the Consulate General if l it was okey for my wife to apply for B2 visa and accompany me, in their official reply they wrote that it was okey to apply and that her application is not going to affect mine as the application of each applicant is evaluated based on the individual’s ties to their home country.
I am very disappointed now. I am not an intending immigrant but am considered so by the Consular section at the embassy.
I have come to an understand that young couples are never allowed to get visas togethe and travel to the US. I am wondering if there is anything to be done to cancel the revocation. And, is this revocation going to affect all my future applications or how can I bypass this problem of revocation the next time I apply? Does not this mean that my wife and I should never ask for visas together at the same time?
Hi Jason,
I am in pending asylum case and F1 student status. I am graduating on May, 2017. My family want to come to my graduation on B2. They have sufficient financial and family tie back home. They are going to interview coming Thursday. What is the probability of visa denial?
Thank you!
I do not know, but the fact that you have a pending asylum case may make it more difficult for them to get a visa. Usually, this is more of a problem for a spouse or minor child, so hopefully, they will be fine. Take care, Jason
Hey Tg,
Can you tell us, what happened to your parents interview?
Thanks.
Hello Tg. Did they get the Visa? I am in a similar situation and I would like to know if my can also get their
Hi Jason my asylum is still pending for year until now, and i filed for my husband and my kids too,but my husband already is having 10 years us visa before even my asylum and he came already here once before me coming to us, can he come visit me and go back? or my asylum is not going to affect or to revoke his visa ?also his coming here is going to affect my asylum?
If he is included in your case, he should file for Advance Parole (form I-131, available at http://www.uscis.gov) before he travels. If he is not part of your case and he leaves and tries to re-enter on a visitor visa, he risks being denied entry because the border agent might think he plans to violate his visa status by remaining in the US to seek asylum. I think the safest bet is for him to be joined to your case and then to travel once he has the Advance Parole document. Take care, Jason
Hi Jason thank you for answering me and I have another question that I want to ask,since I filed I’m still waiting for us is to call me for the interview ,and where I left my family the problem that I filed for still going on and they are in danger what can I do for their evacuation? Because they are not in peace
They can go to a third country to wait for your asylum case, or they could try to come here on some type of visa (though that is usually very difficult if their relative has a pending asylum case here, but some visas, like the H1b and L, are not affected by your pending asylum case). Also, you can ask to expedite your case. This does not always work, but you can try. Get some evidence that they are in danger (like letters from them, police reports, country condition information), and that will help with the expedite request. Contact your local asylum office for the expedite procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
I am in US and about to apply for an asylum. I have my nephew ( My brother’s son) as a dependent kid aged 11 years Old. Can I include him in my I- 589 application as my Kid ? I do not have my own Kids at all.
Waiting for your valuable answer.
Unless he is legally adopted by you, I think you cannot list him on the I-589 form as your child. You may want to file a separate I-589 form for the child, but I recommend you talk to a lawyer first about how best to proceed, since cases of children are processed differently than adult cases, and it may not be possible to keep your case together with his. A lawyer may be able to offer some advice about this. Take care, Jason
I have his Gaurdianship certificate. The kid is not in USA. so Filing a separate I-589 is possible then ?
Hi Jason
I need your help please …. I have a concern and I don’t know what to do .
I came to USA three years ago and I filed an asylum .
I got my green card last year and I got married overseas a few month ago …. can I add my husband to my asylum file now ??
can I add him to the file even that I am a green card holder now ?
I am waiting for your kind reply please
You cannot add him, as that case is finished. You can file an I-130 petition for him (available at http://www.uscis.gov) and he can come to the US as the spouse of a green card holder. There is a waiting period for this of about 1.5 years (Google “DOS visa bulletin” and you can find more about this). Take care, Jason
thank you for your answer …
I thought that I still can add my husband 🙁
is there any other way you now so I can get my husband here ( other than filling the I – 130 )
we just had a baby her in the united state … can that help with any thing
thank you so much for your help
He could apply for a visa just as anyone else. Maybe talk to a lawyer who specialize in non-immigrant visas. Take care, Jason
Hi Jason
Thank you for this website its a beam of light to many of us.
My situation is I have applied for asylum 3months ago and I have not yet file for the work permit yet..from the article above I couldn’t help but notice that the consular had realised the asylum application was made after the work permit application
I want have my wife apply for a visit /B2 visa to came to USA do you think it will be better if we do this before the work permit application.
Does this mean the consular have not yet realised my asylum application yet
Please advise
This, I do not know. I suspect that they will know about the asylum even before you file for the work permit, but maybe not. If possible, let her apply for the B visa before you apply for your EAD. Maybe it will make it a bit easier, maybe. Take care, Jason
Dear Jason, I am going to apply for an A2 visa for me and my wife in the coming weeks. However, my brother is currently in the US and he has applied for asylum for him, his wife and his son. They have been in the US for almost a year now and they have received the acknowledgment of receipt of their asylum application and are waiting for the work permits. Do you think that I should include in my DS-160 application the information that I have an immediate relative in the US (brother)? Do you think my brother’s application will affect my A2 application? For your information, the main applicant of the asylum is my sister-in-law. I currently hold a B1/B2 visa. Thanks
I doubt that your brother’s asylum application would affect your A-2 application. However, if you lie about your brother’s status (or say you do not have a brother), this could create problems as USCIS cross-checks different applications. You may want to talk to a lawyer about the specifics of your situation, as there is a lot I do not know about the cases. Take care, Jason
hello,
I am currently on a F1 visa and I am about to apply for asylum within this month, but I have one thing on my mind which is my brother is also here since last 9 years on still on a F1 visa and he will graduate on may and he wants to invite my parents for the graduation day. If I apply now for the asylum will that affect the visa status of my brother? and will there be problem for my parents at the visa interview? Will the embassy in my home country know if I dont mention my brother name on the asylum form.
Your asylum application will probably not affect your brother if he is in the US. If he leaves the US and tries to get a new visa overseas, it could affect him. Your asylum case might also make it more difficult for your parents to get a US visa. If you do not mention your brother, you risk losing your case. If USCIS believes you lied on your asylum form, they likely will deny your case. Maybe let your parents apply for the US visa before you apply for asylum. It might make it easier for them to get the visa. Once they have it, it is unlikely the government would cancel it based on your asylum filing. Take care, Jason
during the time of interview i told the visa interviewer that my sibling is working in my home country itself even though he was in USA studying , so if i dont include him on my asylum form would the uscis know about the brother and if my brother calls my parents for his graduation would that make any difference on my parents visa chances?
If USCIS catches you in a lie, it is very likely to cause your asylum case to be denied. In this case, it seems to me there is a good chance that they will catch you, and so you are better off telling the truth now. If a person lies at a visa interview, that lie can be forgiven (see a case called Matter of Pula). However, if you lie once you are in the US, the lie will probably not be forgiven. So I recommend you correct that issue as soon as you can. As for your parents, the fact that you have applied for asylum may make it more difficult for them to get a visa, but it does not necessarily block them, and so they can try. Take care, Jason
dear jason，I, my wife and our 2 years old girl entered into USA in 2013, my wife started to apply for asylum with the girl, not including me. During these years, we have given birth to the other 2 kids in USA. I am back and forth between my country and USA for the past 3 years, each side about 1 month. Nopw their case would heard on the court on March. I plan to visit them next week , do you think i am ok to enter in to USA without problems.
It depends on what visa you have. If you have an H1b or an L-1, there should be no problem. Other visas (like a B or F visa), could be a problem, since those visas require you to promise to leave the US at the end of your period of stay – since your family is applying for asylum, the US government may think you plan to violate your visa and stay beyond the allowed time. If they do not let you pass customs, I suppose you can claim asylum at the airport (assuming you have a case), but then you might be detained. It sounds like you have entered the US before without problems, so hopefully you will be fine, but if you have certain non-immigrant visas, it is possible that there will be a problem entering. Take care, Jason
Hello Jason,
I am on an F1 visa and I am also an asylum applicant. I have two questions:
1. I will be graduating next year. Will my parents or sisters get their visa to attend my graduation?
2. I am also married. We got married after I filed for asylum although we have live together for one year before the marraige. My husband is filing for his citizenship this year. Can he file I-130 at the same time and withdraw my asylum application which is pending? Or he need to wait until he get his citizenship? Will I have to make adjustment of status? Please let me know the steps to proceed with this. I would really appreciate your help if you could let me know. How do I withdraw my asylum application? It has been 1 year now and I am renewing my EAD card this April 2017.
1 – They can try, but it may be more difficult since you filed for asylum (and the embassy may think they will file for asylum as well). 2 – He can file the I-130 for you now, but you probably will not be able to get your green card until he is a US citizen anyway. I recommend that you wait until you have the GC before you withdraw the asylum case, just in case something goes wrong with the GC. Contact the asylum office and they can tell you how to withdraw when the time comes. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I applied to asylum 2015 together with my older son but still waiting for interview .My question is ,I left behind my younger son who is 10yrs old in my country of origin who is going through a lot of suffering ,can he join us on a visiting visa or for good ?
He can try to get a visa, but that is very difficult. Maybe you could ask the asylum office to expedite your case based on the separation from your son, and his problems. You have to contact the asylum office to get the expedite procedure, but we have done that for people and it can speed up the process. You need some evidence about his problems, even if it is just letters from people who can attest to the problems. You can find the contact info for the asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Any negative legal consequences for any institution (association, music company, Art performance company, church…) whose invitee (B2 Visa) arrive to the USA and applies immediately for Political Asylium?
It may make it more difficult for that intuition to sponsor other people to come to the US on B-2 visas. Take care, Jason
Hi Jason, I have received derivative asylum on 2013 and received my permanent residence card through my husband. Both we are converted persecuted Christian from 2002. My brother also a converted Christian living a Muslim majority country. How can I help my brother to avoid same persecution that we faced ? Thank you.
Truly
Kaniz
I suppose if your brother reaches the US (or another country that offers asylum), he can apply for asylum. Perhaps he could be resettled as a refugee, but I do not know much about that process, and he would have to look into it through the IOM (International Organization of Migration) or the UN, or an NGO that resettled refugees. Take care, Jason
Hi, I have a valid US visa, my sister also applied for a US visa travelling with me, i just returned back to the country but my sister decided to apply asylum in Canada through US. now i received a call from US embassy to come for a re-interview. what do you advice? is my sister’s situation going to affect my visa? or should i just ignore the call and not go. i still have a valid visa? thanks, Nas
I do not know why they are calling you, but it may be to revoke your visa. Whether you go to the embassy or not, I suppose they have the power to revoke the visa, so maybe you are better off going to see what happens. If you do not go and they invalidate the visa, and then you come to the US, it might result in your being returned at the airport or detained, so it is probably better to know what they are doing. Take care, Jason
My asylum case has been pending since Feb 2014. My parents want to come to the USA on B2 visa. They have all their finances in order and meet requirements to visit the USA. My father is 62 and mom 56. Should they mentiom me on their application? Will that damper their chances?
I imagine you mentioned them on your application, so if they do not mention you, it is possible that the US government will already know about the relationship. If they do mention you, it may decrease the chances of getting a visa, but it may not make much difference; it is difficult to say. If they do not mention you, and the US government realizes they lied, the visa will certainly be denied. Take care, Jason
HI Jason
Im Permanent Resident of USA through Asylum .
My mom had a stroke 6 years ago now she’s stable.
I would like to make her dream come true to travel to USA inviting her through a tourist visa and to see her again after 14 years before it is too late
Could you advise me how could I do it?
And I would also like to know if the invitation would affect my immigration status, considering that I have Green Card through asylum
thank you
She would have to apply for a visa the same as anyone else. You can provide a letter of invitation and an affidavit of support (form I-134, available at http://www.sucks.gov) and maybe these would help. You may want to talk to a lawyer with more experience in non-immigrant visas than me. Once you are a US citizen, you can petition for her to come here permanently. None of this should affect your status here (unless maybe your asylum case was about your mother trying to harm you!). Take care, Jason
Good Morning,
My wife waiting for her asylum interview since 2013 and according to USCIS backlog schedule, there might be another year of waiting. I’ve been commuting to US since then to visit them with my B1/B2 visa given the nature of my job (I work permanently for an Oil Company in a MENA country on a monthly rotational basis). Due to confidentiality I never told the CBP officers I had family under asylum and they never asked either…until last month. They sent me to secondary revision and I was interviewed by another officer who let me in because I had to break my confidentiality about my wife and kids whereabouts, giving out their address in the process, besides showing my badge and my return ticket (which I always show at the port of entry)…for them, I told them the “truth” but for me I just felt I snitched my family. I do appear in my wife’s application, but she was clear enough there that I was not in US and to not to be included in the application. The officer who interviewed me last time wrote a couple of things on his computer and let me in after. Should I believe him when he says “as long as you tell us you’re visiting your family and there is an evidence of exiting the country in a short term, we’ll let you in”?…it’s hard to believe for me because not all the officers acted the same. Thanks.
Sometimes, these officers do not tell the truth, so you cannot trust what they say. However, as long as you have a valid visa, you should at least be able to get on the plane. You could be rejected once you get here and sent back (or you can claim asylum yourself and likely be detained, at least for a while). The real problem may come if your visa expires and you need to apply for a new one – it is very likely to be rejected. Also, it is not unheard of that the US embassy calls you in and cancels your visa, though this is relatively uncommon. Take care, Jason
Hi,
I have applied for a visit once in 2014, once in 2015 and had a third interview on the 7th this month. First two times I applied alone and the last time I applied with my wife and two kids. All three times the visas were refused. All three times the sponsor was my brother who filed asylum and was granted in 2010. The problem was that the embassy does not give us a clear reason for the refusals. Only in the latest interview after a thorough inquiring by me to give even a clue then the officer vaguely mentioned about my brothers asylum seeking. So it is apparent that they would not entertain a relationship with a person who was even granted asylum six years ago and has a green card. Please comment. Cheers.
I think there may be many factors at play here, including that your brother received asylum. The Consulates have great power to grant or deny visas, and they consider all sorts of factors in reaching their decision. You may want to talk to a lawyer in the US who specializes in non-immigrant visas, as there are ways to make such applications stronger, and increase the likelihood of receiving the visa. Take care, Jason
Many thanks Jason.
Thank you ever so much for your pieces of advice. I am an asylum seeker awaiting an expedited interview date. My case was expedited and added to cases awaiting expedited interview in my city. With the increasing insecurity situation back home, I was planning to get B2 visas for my wife and children but I reckon we should wait
They can try to get the B visas, but it is not easy, especially if you have a pending asylum case. I suppose there is nothing to lose in trying, except the filing fees, but that is up to you. Hopefully, you will get the interview soon. Take care, Jason
Hi ,
So my question is my asylum has been granted i have also recieved my PR card my family has never applied for a visit visa yet i tried to keep it clean.. i want them to apply but i am afraid yet will it be good to let them apply for a visit now? Will i still he in their system as an asylee or just a PR or should i wait 5 years to get my citerzenship n then let then get a visit visa more chamces of getting a visit visa ? Because i know once u get rejected it sets as a record
Thankyou let me know
I do not know that it matters for people other than children or spouses. The bottom line is that if the embassy thinks your family member will remain permanently in the US, the embassy will likely deny a tourist visa. The fact that you got asylum here may indicate to the embassy that your family members will want to stay also. However, if there is strong evidence that they will return to their country, they may be able to get a visa. I do not know whether it will make a difference if you are a US citizen. Take care, Jason
Hi,
I have been granted asylum in the US a few moths ago, but my wife who was in the asylum is still overseas. However, she has a B1/B2 US visa. My question is that can I make her come and file the petition for her, or she has to be in my country to file the petition?
Thank you.
You can do either way, but your relative could have a problem trying to enter the US if you have asylum here. The safer approach may be to file the I-730 for your wife and do the case overseas, but given the new Administration, it may be better to try to come here as soon as possible. Maybe you want to talk to a lawyer before she tries to come here on a B visa, just so you are ready for any problems that may arise at the airport. Take care, Jason
Hi Jason,
I applied for the US visit visa, with the intent to enjoy Christmas in New York and to to meet my aunt (mom’s sister) who has filed for political asylum. She and her family is in US for the last five years and her case is on pending, the next hearing for her case is in June 2017.
I on the other hand is a permanent resident of Canada and is financially supported by my husband who has a very good job in Canada and we have been married since last two years. I have been in Canada since 9 months and have visited couple of countries in the last two years.
In the visa application form i did mention i will be staying with my aunt and gave her contact details for the US contact information.
For my interview today i took all the necessary documents to show my strong family ties in Canada (marriage certificate, declaration form, husband’s employment letter, husband’s PR card, bank statements etc etc.)
The guy asked my do I know any relative in America i mentioned about my aunt, he asked whats her status in America i told him she is on political asylum.
He further asked me how long i have been married, when i got married, where i met my husband, where my husband works, has he even been denied access to US or his visa got rejected, who will be accompanying me on the trip, what i do, when did my husband went to the US last time and to all of these question i gave the correct answer except for the last one i told him he visited US in summer 2015 but actually he visited in fall 2015, but i think that is not a big thing because i gave correct answers to all the other questions.
Finally he rejected my visa saying ” I would advise you to re-apply once they get the green card”. I asked him ” Am i being rejected because my aunt is on political asylum” he said “Yes” and i further asked “Am i even not allowed to go on vacations” he said “No”.
What i don’t understand people are rejected because their husband or brother or sister are on political asylum but I got the rejected because of my aunt’s status who is not even my immediate relative. It feel so strange, I don’t understand the reason for the rejection.
What my aunt status has to do with my vacations, why would it affect me.
I have not heard about that before, but the reason is most likely that they think you will seek asylum in the US since your aunt is here. It seems like a very weak reason to deny your application. I recommend you try again, but this time, find a lawyer in the US who specializes in non-immigrant visas. Maybe if you have a different person interviewing you, you will get a different result. Also, while his decision cannot be appealed, it is possible to inquire with the US State Department and potentially get a new decision. A lawyer can help with all this. Of course, if you become a citizen of Canada, this problem should be erased. Take care, Jason
Hello sir
I am married to a Usa citizen she filed for me and my passport has been with the embassy for over a year then they finally refused me a visa saying they will have to return my case with reason they say I can’t convince them even though llegally we are married and have all the proves . Now am tuning away from political procecution I some how foundyself at a Usa camp I want to seek assylum would there be any problem. Will my wife file again for me or will they adjust my case
I do not know what a USA camp is. If you are physically in the US, you can apply for asylum here. Also, your wife could file for you to get a green card if you are here, and maybe you will have better luck with the case in the US than at the embassy. Take care, Jason
I would like to thank you for your help. I have a short question. I field for asylum a year and three months ago. I also included my husband’s name too in the application. I withdrew the application three months later but after my finger printed was taken and now it has been a year and a half since I applied. My husband applied for F1 visa and got it. Now, I need to apply but I am afraid of my asylum case. Will the matter of my husband getting the visa send a good signal that I might get the F2 too?.
Thanks
The fact that you applied for asylum might make it more difficult for you to get an F visa now. You will have to provide strong evidence that you will leave the US at the end of your studies. But certainly you can try to get the visa. Since your husband was a dependent, my guess is that he would have less of a problem than you, but maybe the fact that he got the visa is a good sign for you. Take care, Jason
Thanks for your reply. the reason I applied is coz of war and they will see it in my application if they access it. Also, I received a confirmation letter of canceling the application, and I called the court to check if have any deportation order or not but they did not find my alien number in their system. But, what can be a strong tie to the country? I returned to my country before five months of the expiration date in my J1 visa extension coz my father and husband “who is now in the US” were so sick and I could not stand it. Is not a strong evidence that I have family in my home country? Can you recommend me what I should take with me before applying for the F2 visa as a strong tie?
I recommend you talk to the school about the F-2 visa. I do not do those, and they may have someone who can help you. Normally, things like own a home, car, property, a job to return to, family members in the country are attachments that may convince the embassy that you will return home when the student visa is finished. Take care, Jason
Hey Jason,
I just wanna let you know that I have been granted the US visa and I am now in the US. Thanks for your help and advice.
Just in time for Mr. Trump – welcome to the US! Take care, Jason
Hi Jason, Good day
I would like first to thank you for your generous answers.
Like many others my brother his wife and kids went to the USA a year and half ago and applied for asylum , I know they were suffering at work and neighborhood but not familiar with the details as I left my home country 12 years ago. Now case is under process.
I have 2 questions as follow :
1-My parents who are over 65 already have US valid visa for 5 years and they want to visit my brother next month , they saw each other a year ago but that was before my brother apply for the case , do you think they might be denied entry of the USA or get deported because of my brother case?….> Question 1
2- I have been living in an European country for 12 years , I wish also to apply for USA visitor visa and go on a trip for 2 weeks within coming 2 months with my wife (who is European ) and kids who hold a passport that doesn’t require entry visa to the USA , it is only me who needs a visa as I still hold my original nationality , I run a small business and capable of financing myself and family during the trip.
There is a chance also to go to the USA on a business trip in coming 6 months , in this case our partner company in USA will send the invitation letter.
Do you think I might be rejected the Visa due to my brother situation ? and which do you think could increase my chances to obtain the visa to go on a tourist trip with my family ? or as a business trip with the company …..>question 2.
Appreciate your kind advice.
Best regards
George
1 – I doubt they would be denied entry at the airport. They cannot benefit from your brother’s asylum case, so it is unlikely they would have a problem. 2 – Again, I doubt your brother’s case will affect you. Especially if you have residency in Europe (even if you are not a citizen), you are ineligible for asylum, and so there is no danger that you would apply for asylum. Anyway, you can apply for the US visa and see what happens, but I suspect you will not be affected by your brother’s case. Take care, Jason
Hi Jason,
Thanks for the posts & responses. Can you clarify a bit, what is the difference between the woman you told about in your post, and George’s parents in this question? I mean why a women, whose sister applied for asylum, had her visa revoked, yet you think parents of another asylum applicant wouldn’t have a problem entering the US?
Thanks!
The people who are mainly affected by a relative’s asylum application are people who could benefit from that application – minor, unmarried children and spouses. Other people, like parents and siblings, cannot directly benefit, and so the application has less impact on their chances to get a visa. In the above story, I later learned that there may have been other problems with the sister – apparently, an angry relative called the US embassy and said something disparaging about her. We do not know whether that affected her visa, or it was the other sisters’ asylum cases. After I learned that, I have been a bit more hopeful that siblings can get visas, though an asylum application by a brother or sister can certainly be a factor that the embassy considers. Take care, Jason
Hi,I’m in us with asylum now I’m going to apply for green card.but my spouse is not grented in my asylum so can I apply for my spouse???
I do not understand the question. If your spouse was not listed in your asylum application and if were married to her (or him?) at the time, this is a big problem (as you did not tell the truth on the form). If you married her after you got asylum, you can petition for her once you have a green card. Take care, Jason
Hi
I and my wife and children filed for asylum a year and a half ago since we arrived. However, my son is still living in turkey, for he was getting his high school finished. Now that he has finished it, is there a possibility he can get a visa approved to the US. Or, can we file a petition for him to come? Any idea what can we do?
Thanks
You cannot file a petition for him. If you win your asylum case, and if he was under 21 when you started the case, and if he is unmarried, you can then petition for him. Otherwise, he can try to get a visa here, which I think will be difficult, especially since you (his parents) have an asylum case. Maybe his best bet would be a student visa, F-1, if you can afford that. I do not know whether it would work, but you can try. Good luck, Jason
Hi.. I got my F1 visa and am studying in the US. I have my parents with me who have applied for asylum. How will it affect me and can i still continue my education without any issue as i have a valid f1 visa for 5 years
You should be able to continue your school as long as you maintain your F-1 status. Their asylum should not affect your F-1 status. However, if you go overseas to renew your F-1 visa, and your parents have an asylum case, it could cause the embassy to deny your new visa (they might think you plan to violate your F-1 visa by remaining permanently in the US). Take care, Jason
My wife and kid went to US on a tourist visa and applied for asylum. I too have a valid tourist visa. Do u think it will be an issue if I plan to visit as all of us got visa together?
It could be an issue, but most likely, you will just enter the US normally (though in the worst case, you would be detained or deported if they think you plan to violate your visa and stay in the US with your family). It is more likely you would have a problem if you tried to renew your visa at the US embassy, as the article above discusses. Take care, Jason
Dear Jason,
I really appricated your information and support that you are doing on this blog.
My wife filled asylum and she got EAD and SS. I’m working and living in other country. So far i came and visit her a couple of times with my visitor visa and wasn’t questiond me about her. Do you thnk I will be questioned next time at the airport? I have no intention to seek asylum.
It’s always possible. The place where you might really have trouble is if you have to apply for a new US visa. It is very likely to be denied if your wife is seeking asylum. Take care, Jason
Hi Jason, like many others, I am pending asylum, and have 4 year old child here in the US. My father wanted to come to visit his only grandson for 2 weeks. I know that chances that he will get visa are very small. Do you happen to know if embassy officers ask about asylum cases during visa interview? Question is -may they ask my father about my case details?
thank you!
I doubt they will ask your father about the details of your case, but they might. If it is the type of case where he would be expected to know the details of the case, then he should be prepared to answer. However, if you fear persecution because of something that he would not know (for example, you were involved in some underground political activity or you secretly converted your religion) then he would not need to know that. Take care, Jason
I am wondering what infos is shared with the embassies because some people who have their siblings with asylum seekers status get visas without problem as long as they don’t mention anything about them while some can’t get visas. It’s very weird, I am wondering what is all that based on. I know lots of people who never get issues even though their siblings did seek asylum and I also know few who couldn’t get visas.
Siblings seem less likely to have problems as compared to spouses and minor, unmarried children. As to what information is shared, I do not know, but USCIS and the embassies often seem to know quite a bit about applicants and their family members. Take care, Jason
I came on F1 visa to USA and applied for my asylum right before my graduation. I have been waiting for my interview from last two years. Recently I got accepted to work on my Master degree in Canada. Can I get the study visa for Canada while pending asylum in USA? is Canadian immigration going to deny my visa application because of my pending asylum?
I came on F1 visa and applied for my asylum right before my graduation. I have been waiting for my interview from last two years. Recently I got accepted to work on my Master degree in Canada. Can I get the study visa for Canada while pending asylum? is Canadian immigration going to deny my visa application because of my pending asylum?
If you wanted to leave the US while your asylum case is pending, you need Advance Parole (form I-131, available at http://www.uscis.gov). However, I doubt they will give it to you long enough to study in Canada. I suppose you can try. As for the visa to Canada, I do not know. I would not be surprised if your asylum case here makes it more difficult for you to get a Canadian visa, but I am not sure. You may want to talk to a lawyer in Canada for some help on that point. Take care, Jason
Hi I need u plz my son is usa his asylum caes is grant before 4 months.can I show in Dubai us immigration I want to meet my son us.plz tell me I can apply and not.i have before us b1 b2 visa I borne baby in usa I don’t know this is crime bcz I don’t pay delivery money now 4 moths before when I travel again in usa abu dhabi airport they cancelled my us visa.plz tell me what I do I want to my son he 18 years old he is in usa.
Your son can get a refugees travel document (form I-131, available at http://www.uscis.gov) and he can use this to travel to see you (as long as he does not go to the country where he fears harm). Otherwise, you can re-apply for a visa to visit the US. My guess is that it will be difficult to get such a visa, but you can try. You may want to find an attorney in the US who helps with such visas (I do not do that) – maybe that person can help prepare a strong application for you. Take care, Jason
Hello Jason
I have a concern, I want to travel to US and I still have a valid visa, I ll get US a week before my visa expires however I plan to stay for four day just the time of my conference. My concern is ,will the CBP at the port of entry let me enter if my sister is seeking asylum and her application still pending. Will they ask me about her.
Thanks
Probably this will not be a problem, but it could, so you should be prepared to answer the questions, explain that you are not seeking asylum, and provide some evidence that you plan to return to your country after the conference. I really doubt that you will be questioned about this, but if they do ask you, it means that are aware of her application, so you should do your best to answer truthfully, as your answers could affect your ability to enter the US and also affect her asylum case. Take care, Jason
Hi Jason,
What are the chances of visa acceptance or refusal for a student seeking F-1 visa to US whose mother is in USA since last 3 years and have filed an asylum-which is still pending/ or who got a green card through the asylum at the time of visa application?
What if his sibling is also in USA who already got a green card?
Will his F-1 visa be approved?
Thanks
Sam
I do not know, but I suspect that the fact his mother filed for asylum will make it more difficult to convince the embassy to give a visa. The more evidence he has that he will return to the home country after his studies, the better. You might want to talk to the school about this to see whether they can offer any help with the visa. Take care, Jason
Apart from a I-20 with a good funding option from school to convince embassy for a visa, can my school help me in other aspects as you stated?
Thanks
Sam
Possibly – some schools are better than others about this, but certainly it does not hurt to ask for help/advice from them. Take care, Jason
Hi
I applied for a religious asylum a year ago and I was interviews in December 2015. I m a single mother and my 6 year old son is back in my home country. I am separated from hi for more than a year now. Can he apply for a visit visa and cone to US to see me?
Angy
He can apply, but I doubt they will give him one. You can use Advance Parole to travel to see him in a third country (form I-131, available at http://www.uscis.gov). You might also contact the asylum office and ask about the status of your case, and mention your son. You can find contact information for the Asylum Office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I really need your help.
I applied for asylum about a year ago as the main applicant, while my husband was included as a dependent. Now, we got divorced, and I returned to my home country. I didn’t cancel my application before I leave. What’s my husband situation going to be? Should he apply a separate asylum petition? Would he lose his work permit and start counting the 150 days allover for the work permit? And should I withdraw my application?
He probably needs to apply again as the principal applicant. However, I am not sure whether he can do that and keep his place in the queue based on your application. Maybe you/he should contact the local asylum office and ask about this. You can find their contact information if you follow the link at right called Asylum Office Locator. As for your application, I suppose you seen to withdraw it, or it will be denied when you do not show up for the interview. I would not do that until you resolve the situation for your ex-husband first. Take care, Jason
Hi, I came to USA on a Tourist Visa & it’s been a year since my arrival. I got here first, then my wife did after 2 months. I filed my documents for Asylum 2 weeks ago. My wife had to leave after staying here for 5 months because our 2 children were back home. When she returned home she received a phone call from the US Embassy back home & was asked what I was doing in the US & if she wanted to go back to USA she should go to the Embassy first. Her Visa will expire in December 2016 & she wants to come to USA with our children. Do you think the Embassy will issue my kids tourist Visas?
Thank you!
I do not know – If she goes there, they may cancel her visa. Maybe you should have her email the embassy and ask why they want her to come there. The fact that she got a phone call makes me suspicious that they will cancel her visa, but I really do not know. Good luck, Jason
Hey. I am from india and My parents visited usa in november 2015 on tourist visa and they have filed there for assylum. I and my grand mother are planning to visit them. We both have our tourist visa. So can we face any problem at the airport during immigration?
My grand mother is 80+ and i am 23.
You will likely be alright, but you could be turned back if the officers believe you are planning to violate your visa and remain permanently in the US. If that happens, you can either return to India or ask for asylum at the airport, but this could result in you (and even your grandmother – though that is less likely) being detained. Take care, Jason
Thanx for your kind reply jason. Will my return ticket and my hotel booking be enough to prove them?
That helps, but I do not know whether it is enough. Maybe they should also have evidence of home ownership in their country, job, etc. I do not do a whole lot with cases of people coming here on a tourist visa, so you may want to talk to a lawyer who is more familiar with that area of immigration law to see whether he/she has any other ideas for you. Take care, Jason
Hi Jason,
My husband is derivative and me as granted assylee .Luckily his parents got tourist visa for our wedding. My parents are also applying for but would they be asked about my status ?Would they get visa ? 2013 they applied for my graduation and were rejected .
Thanks,
Pushpa
If the US embassy thinks that they will remain in the US, the embassy will reject the visa application. The fact that you have asylum will not help, so maybe they can provide other evidence to show that they will return at the end of their visit (evidence about jobs, property, other family members in the country, etc). Take care, Jason
Hello Jason ,
I have one doubt. My mother is going to take care of daughter in law after delivery of baby on tourist visa.Is there any problem to get visa if she told to visa officer that shes going to take care her after delivery ? or she just told that shes going to spend time with their grand child .we are in doubt that what should she need to speak to visa officer to get visa. We having doctor reports.my brother and his family asylum is granted in.may 2016
I am not sure I understand the question. If your brother has asylum, it may make it difficult for other family members to get a US visa. They will have to show an attachment to the home country in order to convince the embassy that they will return there. Evidence of property, a job, other family members in the home country, etc. will help convince the embassy that you will return home once you finish your visit to the US. Take care, Jason
Hi Jason,
I wanted your kind help on concern. My brother, who went to U.S in January 2016, is an asylum seeker there & his case is still pending & waiting a hearing.
I now wish to go to U.S for a 4 days specialized training related to my current job. I have already paid around $2000 for the fee & have received invitation letter as well from the company offering the training. I already have a very good job with lucrative salary package at my home country & there is no reason that I might seek asylum in U.S. Moreover, my parents live with me & I can not leave them alone for longer periods. So, I simply can’t flee to U.S & get asylum there.
My question now is that, is there any possibility that I will get my visa approved or are there more chances of a visa denial?
Anxiously waiting for your kind reply. Thanks!
If you have strong attachments to your country, and you tell the embassy about them (and give them some evidence about them), you should have a good chance to get the visa even though your brother has filed for asylum. Your brother’s application may be a negative factor in terms of your visa application, but I doubt it is a major negative factor. Anyway, you have no choice but to try, though I do recommend you provide evidence to the embassy that you will return home when your program is done. Take care, Jason