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 All this was of no avail, and the sister’s visa was revoked.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.
Hello
I sent graduation invitation latter to my parents and they visa interview apointmemn this week. And I told to tell the truth about my pending asylum status.
Do you think the fact they’re trying to join me for my graduation Will have any possible impact on my asylum case. Do they have to answer details as to why I’m applying for asylum and explain the situation?
Can’t they refuse to give any specific details about my case.
Normally, they would not be asked about your asylum case (at least I have never heard of that happening). I doubt their visit would have an effect on your asylum case, but I do not know the details of your case, so I cannot say for sure. Hopefully, they get the visas – good luck, Jason
Hi Jason,
Me and my wife had valid US visit visa, last year my in laws went to US on visit visa and applied asylum there. I had a baby boy last year so this year me and my wife applied for US visit visa along with my son so that we can spend summer there and in our DS 160 we mentioned that my in laws are in US and applied asylum. We got B1/B2 visa refused twice and visa officer didn’t allow us to speak even, the second time. We do have valid Canadian visit visa and have no intentions at all to immigrate or overstay in US. What can I do now, and how long does this thing can keep on haunting us. Also, was it really important to mention that my in laws were in the US as I didn’t want to give any incorrect information. did I do the right thing,
Regards,
You did the right thing, as it is a bad idea to lie – and they often know who is related to whom, and would find a lie. I think we cannot say for sure that your visa was denied because of the in-laws; it is generally becoming harder to get a US visa, and the denial may be unrelated to them. If you really want to come here, you can try to find a US immigration lawyer who helps with non-immigrant visas. I do not do that, but if you want to email me at jdzubow@dzubowlaw.com, I can send you a name or two. Take care, Jason
Hi Jason,
Kindly help me with this question as soon as it is possible. I have been to the US two times before my wife and kids went last year and applied for asylum. In January I visited again for about 9 days from the UAE where I am currently residing. I also hope to go for a conference in June and to see my kids too. But this time I plan to attend a burial of one my uncles in my home country first, thereafter travel to the US for the conference from my home country. I plan to spend not more than 2 weeks. This is first time I will be travelling to the US from my home country. All previous visits have been from my country of residence (UAE). Do you think traveling from my home country will pose any problems since I have visited them after they filed asylum application?
It is difficult to know. If you are using a B visa, you could potentially be denied entry due to their asylum case (if the border agent thinks you will also seek asylum). If that happens, you can ask for asylum at the airport (but your case will be weaker since you voluntarily went to your home country) or you can just leave. If you ask for asylum at the airport, you likely will be detained, at least for a while. Whether you are coming from your home country or another country may not make much difference – the main factor is your family’s asylum case. Hopefully, you will just pass the airport as before, but there is some risk of a problem. Take care, Jason
Hello Jason,
Me with my wife and 6 year old daughter applied for B2 visa in November 2016 in Dubai but we were denied, i am working as an accountant in Dubai since 11 years and my wife is a house wife, My wife’s sister and her family was under asylum at that time, but i was scared to mention about them in my DS160 form because i thought if they know about my sister in law’s asylum case then surely they will reject our visa, but now my sister in law and her entire family (husband and kids) hold a valid green card, so please advice me, should i mention about them in my next B2 visa application , kindly suggest me what should i do..?? This time i want to disclose the truth because hiding neither got us US visa and if they ask me why i did not inform them about my sister in law then i will just answer that i do not want to be burden on anybody neither want to disturb someone to arrange documents for me or my family, i am established good enough in UAE to afford a US tourism holiday trip myself. We are Pakistan passport holder, we had only traveled to Georgia other than UAE at the time of our first B2 visa interview, but now i have been to Europe as well, This time i want to apply for myself only as my wife is pregnant.
Kindly advice me what should i do..? What should i answer if they ask me why i did not inform about my sister in law in previous application..?
I think you have a problem since you did not tell the truth on your first visa application. You should tell the truth now, but doing so will be inconsistent with the first application, and so they will know that you concealed something, which (I suspect) will result in another denial. I think you should contact an attorney who specializes in non-immigrant visas. Maybe a lawyer could help you craft a visa application that would be more likely to work. Take care, Jason
I am have pending asylum application my wife and daughter has tourist visa valid can they come vist me or they will have problem in the airport?
If they already have the visa, they may be alright. However, if the border agent knows that you have filed for asylum, they may refuse to allow your family to enter the US. They could claim asylum at the airport, but this often results in detention. I do think there is some risk, and so you will have to weigh that against their desire to come here. If they do come here, please let us know what happens, as that will help others. Take care, Jason
Hi Jason
I have been denied b2 tourism visa twice in the past 8 months.
My sibling applied for asylum one and half years ago she was on f1 visa and she got married with an american citizen a year ago.She applied for green card thanks to her marriage.She has now received work permit and waiting for green card interview.After the interview she wants to withdraw her asylum case.Do you think after she withdraw her asylum case can I get US visa? Or american visa officers will still deny me visa because of my sisters’ asylum record ?
I do not know. When a sibling files for asylum, it seems to be less of a problem than if a spouse files. Maybe you can try again for a visa after she has a green card, but I do not know whether it will work. You might want to talk to a US immigration lawyer who specializes in non-immigrant visas. Maybe that person could help. Take care, Jason
Hi Jason,
I had my interview for asylum in Nov 2016 and the decision is pending. I currently have TPS but my F1 visa is already expired. My husband is currently on H1B and we were trying to see if I could apply for an H4 visa and withdraw my asylum application.
You should be able to get an H4 – talk to a lawyer if you need help changing status. Once you have that, you can try to withdraw the asylum case – contact the asylum office and ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. I am not sure what the advantage is of withdrawing the case, and you might want to go over the pros and cons with a lawyer before you try to withdraw. Take care, Jason
Hi Jason,
Thanks for your response. The reason i wanted to withdraw my asylum case is because currently my husband’s employer is in the process of filing his GC. Should we wait until the GC process is complete before withdrawing the asylum application?
That really depends on the case, and the asylum office may not let you withdraw the case until you have the green card. If a lawyer is helping with the GC case, talk to that lawyer about what to do, as you need to coordinate your efforts with the lawyer. Take care, Jason
Hello Jason,
Thank your for your articles. I don’t want to take too much of your time, but I would love to have your answer for the question below:
Parents are in the US. They have a son who will be turning 21 years old in september, he lives overseas. If parents apply for asylum now, and get approved within 2-3 months (considering current asylum regulation), can they then petition for their son if he is not 21 years yet? When does 21 years old rule clock stops?
Thank you so much!
BLUE
If the asylum case is filed and the child is under 21 and unmarried, then if the parent wins asylum, the parent can petition for the child, even if the child is now over 21. The relevant law is called the Child Status Protection Act. Take care, Jason
Jason, thank you for responding me back. It meant world to some parents who are apart from their beloved children!
BLUE
Hi, Jason,
I am a asylum seeker , my case is referred to immigration court on 7th feb, now if wife will apply tourist visa for medical reason for my son will they would be allowed to come in USA for valid medical reason for treatment ? my son having issues with kidney function .
Given that you applied for asylum, it will probably be more difficult for your wife and child (assuming the child is under 21) to get a US visa. They can try – and you might want to have a lawyer help make the application as strong as possible. If that does not work, they can try for “humanitarian parole.” It is another way to come to the US for people who need medical treatment – see form I-131, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
I am on H1B visa. My I140 is approved and I have extended by H1B twice now.
My parents and 2 brothers are in USA as well. My younger brother has an asylum case approved and he is on GC. Becuse of my younger brother’s situation/case in India, my parents and older brother suffered persecution as well and fear that they will suffer further. And that made them come to USA as well and apply for asylum. My parents and older brother have a pending asylum case. I am on H1b and I wish to travel outside USA for tourism. Will I face issues at the port of entry even though I have not filed for asylum but my parents and brother have? and I have an I140 approved? What if I am questioned about my parents and brothers stay/status in USA? I am afraid on reentry I will be questioned and might not be able to reenter because of asylum cases my family has/had filed. Also, my H1B is going to expire in 6 months. Do you think I will face difficult with H1B extension with my parents and brother’s pending asylum case? Should I be telling my company about my this?
Your thoughts/comments please? Thanks much!
If you have an H1b, that is a dual intent visa, meaning the US government does not care if you have an “immigration intent”. And we know you do have an immigration intent since there is an approved I-140. So I think you should not face problems upon re-entry due to your family’s asylum case. If you are asked about their cases, you have to tell the truth (as the US government obviously already knows about their cases already). Take care,
Hi,
Is your work permit and H1B visa approved? Did you enter successfully in US?
Hi, My status in US is asylum pending and my mom have US visa and she want to visit me, will there be a problem at the airport, thanks
There is no way to predict that, but most likely she will be ok – I think most people who have trouble have a spouse in the US seeking asylum, or they are a minor child and their parent is seeking asylum. Hopefully, she will be ok, but if they ask, she should tell the truth about your status – if they are asking her about you, they probably already know your status and they are just testing whether she will tell the truth. Take care, Jason
Thank you Jason, also her visa issued in 2015 and she is traveling first time to usa and her visa was issued With me.
Hi ATI,
Did your Mom visit you in 2018, did she had any trouble at the airport? let me know please
first of all thanks for sharing such an important article.
currently I’m in my work permit and high school senior. my family wants to visit me for my graduation. do you think the fact that my asylum is in pending status would affect the outcome of their b1/b2 visa application ? and should I invite my whole family or just mam and dad?
And what kind of invention letter at evidence should I provide?
An asylum application is more likely to affect a spouse or minor child than a parent or sibling. So they can try and hopefully get their visas. They need to show that they have sufficient attachments to the home country and that they will return there (and that they will not seek asylum in the US). As for the invitation letter, you can just provide them evidence that you are a student and that you will graduate (maybe your transcript and evidence of the graduation date). Then you can write a letter stating that you would like them to attend. Take care, Jason
Thanks for your quick response Jason
I have one more question
My sponsor have had invited some one in the past who’s seeking asylum now here in us.
And now I was wondering if I should ask my sponsor to fill I-134, Affidavit of Support for me or should i have my parents say that they will say at hotel
Because I’m worried about that the officer would pull up my sponsor invitation history and affect their visa
Thanks
I really do not do such cases, and so I am not the best person to ask. Anyone who is a citizen or LPR can do a form I-134, so maybe if someone does that who is not connected to the case, it is better, but I really do not know. You might want to talk to a lawyer who is familiar with visa issues for help. Take care, Jason
Hi. Thanks for your help to anyone here.
I have USA visa. I will apply from Canada tourist visa.
Probably i will get it because Canada have a program who has USA visa will get Canada visa easy.
I have kindly some questions
1- If I visit first USA then in 2 months go Canada to apply for asylum. My USA visa will be cancelled?
2- if I go directly to Canada my US visa will be cancelled? (I heard it from a Turkish guy it’s cancelled, but I don’t know it’s special for his case or not)
3- if I don’t get Canada visa , can I go just any Canada border and say that I want to apply for asylum? USA officers will let meto do it?
if they let me enter to Canada then what will happen to my US visa .
If they don’t let me to enter Canada then what will happen to my US visa?
I hope you get my point . I don’t want to lose US visa if I can’t get in Canada or not accepted in Canada .
Thanks in advance for all your answers
I
Hı Jason. You don’t have any answer for me ? Thanks
1 – I doubt it, but the US will know that you filed for asylum in Canada, and so they may not let you back into the US, even with the visa. 2 – See 1. 3 – You would have to ask a lawyer in Canada about that. I seen people who tried that and were then rejected and returned to the US, where they are sometimes detained. We wrote something about this on March 31, 2016 – maybe that would help. Take care, Jason
Hi Jason
Me and my husband are waiting for our hearing date as we have filed asylum here .. now I am pregnant and my brother and sister wants to visit me and they already hold visitor visa for USA … Will they have to face any trouble on US immigration or they ll be asked any questions .. m so much worried about it will be waiting for your reply plz help
Probably, they will be fine. But they should not lie about your immigration status in the US if they are asked – they should assume that the Agent at the airport knows about you. Usually, siblings do not have trouble. The worst case would be that they are refused entry and they would have to get on a plane and leave. Take care, Jason
Hi Jason
If you have been issued a work permit but have not been able to find full time emplyment does this have an impact on your chances of being granted asylum when you go for your interview
It should have no effect at all. Take care, Jason
Thank you Jason
Hello jason, my hubby applied for an asylum and our work permit is out now,and my mum want to come to the usa visiting,does that affect her chance of the visa and also am not the main applicant but my hubby,will she be granoted the visa?pls needs ur respond,and also she is not coming to me.
If you have an asylum case pending, it might be more difficult for her to get a US visa. She will have to apply and make the strongest application she can (show evidence of attachment to her country – job, property, other family members, etc). Hopefully, she will get the visa. Take care, Jason
Hi Jason, what if the case is already approved, can family (spouse, children) try to get visas then? just for a short visit, and then wait for i-730 processing.
You can try, but I doubt it will work – if the embassy thinks they will violate a B visa, for example, by remaining in the US permanently, they will most likely deny the visa. For an approved asylum seeker, the normal path for the family is to file the I-730 forms and have the family come to the US based on that. Take care, Jason
My mother had a B2 visa but my dad had applied asylum in 2015. They both get divorced. Does my mom get entered on B2 visa now.
If she already has the visa and she is divorced, she most likely will be able to enter the US. She might be questioned about her motive for entering, and the US agents probably know that she was married and that her ex-husband is seeking asylum. She should be prepared to explain the reason for her trip and that she plans to leave at the end of her travel, in case she is asked. Take care, Jason
Hello,
I am currently on my H1B visa but I have to leave the country and go for consular service in another country and get my stamping done. But my spouse has applied for political asylum and he is on his work permit. Will I be having affect in entering back to USA due to his asylum case ? Please help
The problem for relatives of asylum seekers is that the embassy may think you plan to violate your temporary visa status and stay permanently in the US, so they will deny most visas. However, an H1b is a “dual intent” visas, which basically means that the embassy does not normally care whether you plan to stay permanently in the US or not. So they might issue the visa despite your husband’s case. Things are becoming more difficult these days, and so I am not sure, and I recommend you talk to the lawyer who helped with the H1b visa, make the lawyer aware of your husband’s asylum case, and see what advice you get. Take care, Jason
Hello Sir,
My husband, my son and i were denied B1/B2 visas for the 3rd time because my dad is an asylee now and i had filled a petition when i was under 21, now i am 28 and the petition was approved for all my family but me married and living in another country i decided to abandon the asylum petition and stay with my husband which shows that i did not intend to stay in USA. Being notified by the USCIS about the abandonment of my immigrant case, i thought it was enough to show we do not plan to stay in USA but the consular officer punished us for the case of my dad and stated it.
Please what can we do to be separated from my dad’s case?
I am not sure what you can do at this point – I do not do a lot of work at the consulates. Some type of visas (for example H1b or L) may not be affected by your father’s asylum case (assuming that is the problem). Otherwise, you might want to talk to a lawyer who does consulate work to see how to prepare the strongest possible application. Take care, Jason
Hi Jason,
A friend of mine is seeking political asylum in the US, his status is pending. His family (mother, father and an 18 y.o. brother) would like to visit him, cause they haven’t seen each other for a year or so (this pending thing can last for years, apparently). They have applied for a B1/B2 visa, even though they think their chances are slim. They are all Russian citizens. Would you say they have no chance of getting their visas approved? Is there anything they might do to improve their situation? None of them are planning to stay in the US, nor do they have any ground to seek asylum…
Thank you in advance,
Helegis
They might be approved – the problem is worse for the spouse or minor child of an asylum seeker; it is less for a parent or sibling. They need to present evidence that they will leave the US after their visit (like evidence of jobs, property, family relationships in Russia, etc). Hopefully, they can get the visa. Take care, Jason
Wow, thank you so so much for the swift reply, Jason! This sounds reassuring!
Thank you again, and have a great weekend!
Helegis 🙂
Hi Helegis,
Do you have any news about this? I haven’t seen my parents for almost 5 years, and wanted to know if they have any chance of getting a visa.
Thanks in advance
Hi Jason,
I came to the United States with my husband and 12 year old son on a visitor visa. I converted to F1 and they are my dependents. I am planning to file asylum. My 21 year old daughter is still back home and she has a multiple-entry 10 yr visa to the U.S. She visited us June 2017 and at that time she was asked at the airport questions about who she is visiting, for how long, and if she intends to stay in the United States – she explained she was a student and would go back to school in 1 month.
She doesn’t plan on using her visa again until at least 3 years later. Will she have issues using her visit visa once we apply for work permits? Would her visa get revoked? Or would she have problems more so once she arrives at the airport in the US?
Thank you.
There is no way to predict for sure. She could have her visa revoked. Or, if she comes here, she could be refused entry (if that happens, she can ask for asylum at the airport, but she would likely be detained). Or, she might come here and enter normally. There is no way to know. Since she is over 21, and cannot be part of your case, maybe the chance of a problem is less, but there is still some risk. Take care, Jason
Hi,
I am an Iranian citizen with valid F1 status. My wife(she is on f2 status) has applied for asylum and our case is pending. Meanwhile, My sister-in law (My wife’s sister) has applied for tourist visa. But, the officer has told her she should wait several weeks for administrative processing. Now, I am just wondering if it is possible that she get denial, Since her sister has pending asylum case.
Did your sister in law mention about your wife in the interview..?
i have similar case so please update the result here.
She could be denied because the government is trying to deny everyone from Iran. Also, if the embassy thinks she will seek asylum in the US, they will probably deny the application for a visa. The fact that your wife applied for asylum may make the embassy think that her sister will seek asylum as well, so the sister would have to convince the embassy that she (the sister) will leave the US at the end of her visit. Take care, Jason
I intend to apply for an F-1 visa soon .my brother has a pending assylum appeal .how would that affect me and is it okay to deny having any knowledge of such an application ?
His case could make it more difficult for you to get a visa. You need to show that you will not violate your F-1 status by trying to stay permanently in the US. If you lie on the application, and the US government knows about it (and there is a good chance they will, since your brother would have listed you on the asylum form), they will most likely deny you a visa, so I think that is a bad idea. Just explain why you do not plan to remain in the US and provide evidence of your attachment to your country, and hopefully that will be enough. Take care, Jason
Hello Sir,
Me with my wife and 6 year old daughter applied for b2 visa in november 2016 in dubai but we were denied, i am working as an accountant in dubai since 10+ years and my wife is a house wife, My wife’s sister and her family was granted asylum at that time, but i was scared to mention about them in my ds160 form because if they know about my sister in law’s asylum case then surely they will reject our visa, but now they all holder a green card, so please advice me, should i mention about them in our next b2 visa application, kindly suggest me what should i do..?? We are pakistan passport holder, we have only travelled to Georgia other then UAE, but we plan to visit europe before we apply for US visit visa.
The US government will likely know about the first application where you did not tell the truth (assuming you were asked about this), and this will make it more difficult for you in the future. I doubt this relative’s asylum case would make it more difficult for you to get a visa, but if they think you lied on a prior application, it will make it much more difficult to get a visa. You may want to find a lawyer who assists with B visas and get some help, especially if the US embassy accuses you of a misrepresentation. In general, though, the more evidence you have showing that you will leave the US at the end of your visit, the greater likelihood that the visa will be granted. Take care, Jason
shoib can you please let me know when you were denied Usa b2 visa in November 2016 did the Usa consulate was able to know that you did not disclose your wife’s sister in ds160?? Why was ur visa denied not strong ties with home country or misrepresentation ( lying on da 160 form) please your answer would really help
shoib can you please let me know when you were denied Usa b2 visa in November 2016 did the Usa consulate was able to know that you did not disclose your wife’s sister in ds160?? Why was ur visa denied not strong ties with home country or misrepresentation ( lying on da 160 form) please your answer would really appreciated
BROTHER AHMED THE VISA OFFICER JUST SAID THAT YOU DO NOT HAVE STRONG SOCIAL AND FINANCIAL TIES, ALTHOUGH I HAD WITH ME BANK ST. WITH ENDING BALANCE 80K DIRHAMS AND SALARY 10 THOUSAND PLUS DIRHAMS , WHICH I GUESS IS SUFFICIENT ENOUGH,WORKING IN DUBAI FROM LAST 10 YEARS, I ASKED VO TO PLEASE HAVE A LOOK AT MY BANK STATEMENT BUT SHE SAID NO NEED FOR THAT SIR,
SECONDLY I GUESS THEY DECIDE ABOUT VISA APPROVAL/DENIAL BEFORE YOUR VISA INTERVIEW, AND DO THEIR SECURITY CHECK AS SOON AS WE SUBMIT FORM, I M NOT SURE IF THE KNEW ALREADY ABOUT MY SISTER IN LAW, BUT I GUESS THEY DO FURTHER SECURITY CHECK ONLY IF SOMEONE IS STONGLY ELIGIBLE FOR TOURIST VISA, SINCE WE DIDNT SHOW STRONG TRAVEL HISTORY AND FAMILY/SOCIAL TIES , THEY THOUGHT WE ARE NOT ELIGIBLE AND HENCE I GUESS DID NOT CHECK ABOUT OUR FAMILY TREE,
AND I GUESS ITS UNDERSTOOD BY US EMBASSY THAT WE ARE A FAMILY OF ONLY 3 MEMBERS, AND IF ALL 3 TRAVEL TOGETHER THEN WHY AND FOR WHOM WE WILL COME BACK.
THEREFORE WE WILL TRAVEL TO A FEW COUNTRIES BEFORE OUR NEXT VISA INTERVIEW, AND I KEEP HANDSOME AMOUNT ALWAYS IN MY ACCOUNT TO SHOW THEM GOOD FINANCIAL TIES, BEFORE I JUST BUILT UP MY ACCOUNT BALANCE IN THE LAST 3 MONTHS BUT I BELIEVE THEY MIGHT HAVE CHECKED MY ACCOUNT AN YEAR AGO , THATS WHY I LET GOOD AMOUNT IN MY ACCOUNT ALWAYS.
HOPE MY TIPS HELP YOU AND CONTACT ME FOR FURTHER HELP
Dear Jason.
I have question regarding my case. I ask for expedition of my interview and they send me letter of deny. Can I send the request again or is there any other ways to expedite my case which I applied on september 2016.
Thank You in advance
You can ask again, but it is better to get some new evidence to support the request. I wrote about this on March 30, 2017 – maybe that would help. Take care, Jason
Hello,sir. Actually, my father is in the US and has filed asylum case and now I am planning to apply for a F-1 student visa. So how much will my visa get affected. I am a diligent student and if I can show that my properties and family members are in my home country will I get the visa? What If I say I don’t have contact with my father because he left the country? Sir pls I hope to see your reply
It may make it more difficult for you to get the F-1 visa. If the embassy thinks you will stay permanently in the US, or that you will join his asylum case (which you can do if you are under 21 years old), they may be more likely to deny the visa. The more evidence you have to show a connection with your country, the more likely they will issue the visa. Take care, Jason
Thank you sir for the reply. (I had asked for applying to F-1 visa but my father has filed a petition too who is in US). I had one more question. Does the embassy have all the records that I am included in the petition or not? Or will they know in the interview itself only if I say that my father is in US? Hope you will reply sir.
I do not know what they know, but you should assume that they know about your father’s case. If you try not to mention it, and they think you are lying, they will for sure deny the visa. Take care, Jason
Hi Jason,
As a pending assylum applicant, i got approved for food stamp for me and my family. I have 3 kids (minors) living with me who are citizens. Do you think this will impact my case negatively? As am not sure whether to use it or not.
You should assume that they will know about it at the interview, but it should not count as a negative factor towards your case. Take care, Jason
Hi Jason,
I’m an asylum seeker and my case is pending i have ssn and employment authorization card. My mom have B1/B2 visa from one year before. She like to visit me and to stay one month and to come back.Will they have any troubles when she came here ???
There is no way to predict that. If the agent at the airport thinks she will violate her B visa and stay here or seek asylum, they could deny her entry. This problem is worse for spouses and minor children of asylum applicants; it is less of a problem for parents, but these days, you never know. Take care, Jason
Hi Jason,
My wife’s brother has a pending asylum application. I had a post doctoral scholarship from my own government to study in the US for a year. The scholarship contract clearly states that i would come back and work for my curent imstutition and at my current position for a year in exchange for the scholarship. I will go with a J1 visa. In addition, I obtained my phd in US 8 years ago and have a US citizen daughter (previous mariage). My daughter curently does not live in the US. My question is if mu wife could get J2 visa or not because of her brothers application. We will for sure come back after my research time.
Usually, this problem is worse if you have a spouse or parent with an asylum application; it is less of a problem for siblings. Nevertheless, it potentially could affect her(and you), so you should prepare the best application you can, along with evidence that you have connections to your home country and that you will return at the end of your period of stay. Take care, Jason
Hi, I want to know if I apply for Asylum and cancel my application after a year will it affect my sister’s F1 visa application from Nigeria, I am a student here in the US, and if I cancel application because the situation I think might happen in my country does not, can I still work with my work permit, also will it affect my future visa applications?
If you file for asylum, it could affect your sister’s ability to get a visa to the US. The problem is worse for spouses and children, but it could also affect siblings. If you have an EAD based on asylum and the asylum case is closed or canceled, the EAD become invalid (though many employers do not check this online and so they might not know it is invalid). An asylum case, even if it is canceled, could affect your ability to get a visa in the future, depending on what type of visa you apply for. Take care, Jason
Thanks Jason for your answer,.
Hello Jason,
I have been granted asylum in the US and i applied for green card but haven’t received it yet. My mom is hoping to visit me. Will my current status as asylee prevent her from getting visa?
Thank you!
If she plans to come on a visitor visa (B visa) and the US embassy thinks she might stay permanent in the US, they will deny her a visa. The fact that you applied for asylum may cause the embassy to think this, so she should have good evidence that she plans to return to her country at the end of her visit. Take care, Jason
hello there!!
i have 3 cases inside my family that i need to get solution to. my father lived in Saipan for more than 17 years and while being there he applied for TPS and went to Maryland last year. He has recently applied for Asylum,its been a week and he has included me, my elder sister and my mother in the application as per i know.
so my mother tried for visiting visa to visit her brother who is a usa citizen and is a but got rejected, they didnt give her any reasons.it was before my father applied for asylum. was it because of my father being in the USA?
my sister in in USA under her F1 visa for her masters and went to USA on August 2016. she is 25 years old. how will the asylum application affect her status once she graduates in august 2018.
and finally i am 22 years old and is planning to apply for student visa for my masters in August session for 2018 when i will be 23 years 0ld.how would my case get affected by the asylum that my father has filed? i hope you are getting what i am trying to say. please answer with possible solutions.
A child can only be included in a parent’s application if the child was 21 years old or younger at the time the asylum application was filed. So while you and your sister are probably listed on the asylum form, it sounds like you were too old when it was filed, and so you cannot benefit from your father’s asylum if he wins. The embassy will not give visas to people who they think will violate their visa status. Since your father seems to have been in the US for a long time, that might be a factor the embassy considers when deciding whether to give your family members a visa. You need evidence to show that you will return to your country at the end of your period of study (maybe evidence that you own property or that you have a job waiting for you, or a child), and maybe that will convince the embassy that you plan to return home at the end of your studies. Take care, Jason
What I want to know is whether the asylum application would affect my chances of getting F1 visa. And if yes, what specific measures would you like me to adopt while starting the process?
It could affect the F-1 visa. I recommend you talk to a lawyer to help with the application. You will need to demonstrate that you will come to the US, study, and then leave the US and not seek asylum here yourself. Take care, Jason
my father recently applied for assylum. i am thinking of getting a student visa F1. how would that affect my chances of getting a student visa?? please explain in detail.
If the embassy thinks you will seek asylum in the US, they will most likely deny you an F-1 visa. The fact that your father filed for asylum may influence this decision, especially if you were under 21 years old at the time he filed for asylum (in that case, you can benefit from asylum too, if he is granted). If you can show that you will return to your country at the end of your studies, it is more likely you will get the visa. Take care, Jason
Hi Jason,
I’m an asylum seeker and my case is pending. My parents would like to apply for b1/b2 visa. What should they indicate in visa application as daughter’s status in the USA: nonimmigrant or other/I don’t know
I am not sure what the form allows them to include. If you are still in-status, they can put B visa. If your B status has expired, and they know this, they have to say what they know (B visa expires, or asylum pending). If they indicate that you have overstayed your B visa or that you have claimed asylum, it may make it more difficult for them to get a visa here. On the other hand, if they lie about your visa status, that will also likely block them from a visa. Normally, this affects spouses and children more than parents, so hopefully, they will still get the visa. Let us know what happens. Take care, Jason
Thank you, Jason, for your reply. I just wanted to know what they need to put in the form. I’m not in B status I have an asylum pending and I don’t want them to lie. I just need to know what would be correct way by indicating their daughter’s status since in DS-160 form they have only 4 option such as US citizen, LPR, nonimmigrant and other/I don’t know
Thanks again for your time and help us to understand
I can’t advise how to complete forms here, sorry. And anyway, I do not do a lot of consular work and so I am not sure how best to respond. You could consult with a lawyer to go over this and decide how best to approach that question. Take care, Jason
Hello, Jason, and thank you for your immense help…. I have a brother on J1 visa here( who got the visa before I applied for asylum). My case is still pending. Will my case affect his j1 waiver if he decides to stay in the U.S?
I do not know, but I would assume that the government knows you are brothers and knows about both cases. In other words, it is safer if both cases are consistent with each other, in case USCIS looks at them both and compares them. Take care, Jason
My husband filed for US asylum and his case is still pending. I have a visitors visa, will I be allowed entry into the US while my husband’s asylum case is still pending?
You can try, but you could be stopped at the airport and forced to return to your country (or, if you do not want to return, file for asylum at the airport – in that case you would be detained). Unfortunately, it is not possible to know in advance whether you will face problems upon arrival. Maybe if you have strong evidence that you will return, it could help, but there is no way to guarantee that you will be allowed to enter. If you try this, let us know what happens. Hopefully, you get in. Take care, Jason
Jason how can I use your service? Thanks
You can contact me at jdzubow@dzubowlaw.com. Take care, Jason
Did you try to enter on B2 visa after ur husband applied for asylum
Hello Jason.10q for your help.
I just submitted my asyum application.and after I did my dad told me that he wants to came to US for bisunese purpose.so my question is:
1.if he applay for a visa will this affect my asylum case.
2.if they ask him about me is it better to tell them everything or its better to stay silent that he has a daughter in US.
1 – Probably not, unless maybe his visa contains information that contradicts your asylum claims. 2 – He should tell the truth, but it would probably be better for him if this does not come up (and maybe he does not even know you filed for asylum?). Take care, Jason
My aunt was an asylum seeker 2 years ago in EU and my father’s schengen visa got rejected twice. Will that affect in my schengen visa and US visa application. Is there any way they’ll know that MY AUNT AND HER KIDS ARE ASYLUM seeker and it’ll affect my application? I AM A SINGLE 28-year old woman with 8 months work experience and never had a first world country visa before?
I do not know how much info is shared between the EU and the US, but an aunt/niece relationship is not very close (for immigration purposes), so hopefully it will not affect. But I really do not know. I think you will just have to apply and see what happens. Take care, Jason
What about my father’s schengen visa that got rejected twice?
I do not know about Schengen visas – you will have to talk to a lawyer in Europe about that. Take care, Jason
Is it harder to get a b2 VISA NOW UNDER TRUMP’S ADMINISTRATION?
I think so, and there is a new form related to a person’s social media activity. But it is not clear yet (at least to me) whether more people are being denied B visas than before. Take care, Jason
hi jason
I am an Iraqi born British citizen and hold a British passport, was advised to apply for visitors visa if wanted to visit the USA, which I did, my sister Tamara( the lady with the previous post) is an asylum seeker in the US, I mentioned her in the visa application. Myself and my son have an interview at the American embassy next Monday, Are we going to be denied entry to the state even with the British passport ?
I highly doubt your sister’s case will affect you. You are not eligible for asylum in the US because you have a British passport (unless you also have a fear of persecution in the UK!), and so there is no reason for the embassy to suspect that you will “violate” the terms of your B visa and seek asylum in the US. Also, the problem discussed in the article above is much worse for spouses and children than for siblings. Take care, Jason
thank you so much Jason, that was somewhat reassuring.
hi Jason
please advice about B1 B2 visa
my husband visitor visa expired and he was denied to renew it for 4 times now,, I even contacted a senator office to help with this but no luck, is there anything we can do? i really need to see him we have a 2.5 yrs baby girl and i also requested expedite for my asylum interview on humanitarian bases,, denied too, what can we do now? he is the head of the legal department in Dubai and is irreplaceable to the company he will not stay for more than 2 weeks period. during the last interview he submitted a letter from the company mentioning that they guarantee his return
please advice
I do not know a lot about B visas – maybe talk to a lawyer who might be able to assist. You could apply for Advance Parole (form I-131, available at http://www.uscis.gov), which would allow you to travel to see your husband and then return to the US to continue your asylum case (as long as you do not go to the country where you fear persecution). Take care, Jason
Hi Jason, I applied for Asylum in USA, but before travelling my wife and son got the US visitor visa,but was cancelled without Prejudice, my question is after my asylum is approved can they still get visa to join me in USA ?
If your asylum is approved, normally family members would come here based on your asylum – you would file a form I-730 (available at http://www.uscis.gov) for each family member and then they would join you here. I do not know why their visas were cancelled, but unless it was for a crime or an immigration fraud, they should still be eligible to join you here if you win your asylum case. Take care, Jason
Hi Jason,
I am an asylum seeker in the US. My husband’s visiting visa is expiring in a month’s time amd he is planning to renew his visitors visa. He has visited the US about 4 times in 18months but never made mention of us. But now that he is planning to renew, what do you think are his chances of getting the visa. I am here with our kids. Kindly advise.
I do not know his chances, but in general, when a person’s spouse is seeking asylum in the US, it is harder to get a US visa. The fact that he has come to the US several times may help him, and he also needs to show his connection to the home country and that he will not stay in the US if he comes here as a visitor. Take care, Jason
Thank you.
Hello Jason. I am also in a situation similar to the lady in this piece. I applied about 5 months ago for aff asylum. My mom also has a B1/B2 visa and she is also trying to leave. I have applied for the work permit and it should be coming soon. In the case of the person above, do you think it was the fact that she was a known journalist a factor in cancellation? My mom is not known to any consular staff. The case above happened in 2014. Have you heard of similar cases since. Appreciate your response.
The problem is worse for spouses than for parents, so hopefully, your mother will not have any trouble. If she already has the B visa, it is most likely that she can come here without problem. Given your asylum case, it may be difficult for her to get a new visa. Take care, Jason
Hi Jason. Thanks for the insightful article. I have an F1 visa and my parents have B1 visa. They want to visit me. I heard about my older sister who recently filed for affirmative asylum in USA. She is estranged from the family, but both my parents and I listed her as a relative in our respective applications 3 years ago. I have not applied for asylum and my parents don’t have any intention to either. When they enter the US, do they need to disclose that she applied for asylum or can they just mention they are here to see me (which is all they really are here to do). BTW, we don’t know anything about her case or where she is.
Her case probably will not affect your parents or you, but if asked, I think you need to tell them that she is here. Maybe you can say that you do not know her immigration status, since it sounds like you are not sure, but if you know for sure, you should tell them if you are asked. Take care, Jason
Thanks very much for the reply. When the CBP will ask them why they are here, my parents will correctly tell them that they are here to see me. If CBP asks if they want to see anyone else, should they tell them that they have a daughter here? None of us intend to meet her. I am saying, unless explicitly asked, my parents don’t need to mention her at all right?
I should also add that they will bring documentation to show that they have full time jobs, a house and some other property in their own country.
They should tell the truth, but they do not have to volunteer information. If CBP asks, What family do you have here? They will have to say. They can say that they are estranged from the daughter, but I would only say that if asked. Of course, if her asylum case involves a claim that her parents harmed her, that could present a problem for them coming here. I do not know if it would, as that type of detailed info may not be in “the system”, but it is something to be aware of. Take care, Jason
Hello, I’m having a question. My wife is applying for asylum in the US and she didn’t put me in her application. I’m going to an interwiew on the embassy on my country for a F-1 visa. Will I have problem with that?
If they know that she has filed for asylum, it will be much more difficult for you to get an F visa, as the article above discusses. Also, if you lie about your wife being in the US, that can cause other problems, for you both, and your visa would likely be denied for that reason. Good luck, Jason
hi i filled the asylum from newyork ..and i want to move to another state before my interview comes but I dont want to change the adress cause i will be living temporarily with my friends. can I do that? what are the consequences of it?
If you are moving temporarily and you keep your address, driver’s license, taxes, etc., in NY, you should be fine. Also, I did a posting about this on June 24, 2015 – maybe that would help. Take care, Jason
Hi Jason I came to renew my work permit,but I have a 10 years son who had also a work permit the same time with me for him to get the social security number, as I renew mine,is it necessary to renew also his? Because he has only 10 years and not working,but he has a social security number .
Unless you think he needs it for something, I do not think you need to renew it. Most of my clients do not renew work permits for young children. Take care, Jason
Thank you for answering me,and it’s clear for me now.but I’ve another question if I need you to be taking care of my case, what will be the requirements for me ?
I won’t be able to respond immediately, but if you contact me next week at Jdzubow@Dzubowlaw.com, we can discuss. Take care, Jason
Okay thank you I will do so next week
Hi Jason
My husband has appointment with the embassy for F1 visa next month and I have just gone in for biometrics, does the embassy have a link with the immigration? Will this affect him if he was to be granted a visa? will this also affect my asylum case?
Thank You
The embassy likely will know that you are seeking asylum, so I think he cannot try to hide that fact from them. Because you are seeking asylum, it may be more difficult for him to get a visa. Good luck, Jason
Hey i have filled the asylum from new york. Can i move to another state and live there till i receive my interview date? What are consequences if i move to another state
I did a posting about this on June 24, 2015 – maybe that would help. Take care, Jason
Hello! I have submitted an application for asylum. My parents live overseas and they have been coming to visit The US many many times and always respected the time frame they were allowed to stay in for. They have been to the US more then 10 time. My concern is, will they have any troubles being admitted in the country at customs now that I have submitted my asylum application? Thank you!
It’s possible they will have trouble, but given their history and the fact that they cannot directly benefit from your asylum application, I suspect they will be fine. If they need to apply for a new visa at the embassy, that might also be more difficult. If they keep evidence of their connection to the home country (home ownership, job, car, other family members) and maybe have it available on the internet if they need it, then they can retrieve it in the event that it is needed. Take care, Jason
Hi.
I am a student pilot in U.S i had a M-1 Visa which is expired now and im staying in U.S due to pending asylum case. Note that the 150 day period to apply for EAD is not yet past. My parent never had a visa before therefore the interview after two weeks to visit me and take them on a short flight. So i have concerns about their interview and don’t know if the consular will be informed of my status as an asylem seeker or not so that my parent could know exactly what to tell him if he asked!
Thanks, Take care.
The consulate will probably know about your asylum case and so it may make it more difficult for your parents to get a visa. If asked, they will just have to tell the truth, since the consulate knows anyway, and lying will only result in a denial. They need to show that they do not plan to stay in the US, even if you do want to stay here permanently. Take care, Jason
Hi Jason. It is very Kind of You to answer all these question. I also have one. I am asylum seeker who have pending case. I am married and have kids. They are not in US. I received EAD card and now working as a manager in multinational organization. Organization which has ties in many countries. Can I somehow make my interview earlier if I have a real reason and will the early interview affect me negatively? Thank You.
I did a post on expediting interviews last week – maybe that would help. Expediting does not hurt your chances of winning the case (it has no effect). Take care, jason