Comments on: Palestinian Activist Convicted of Immigration Fraud; Supporters Cry Foul

By: Visiting Your Home Country After a Grant of Asylum Political Asylum, The Asylumist, Immigration Law The Asylumist

Wed, 06 Jan 2016 17:28:39 +0000

[…] proceedings. I have heard of the U.S. government de-naturalizing citizens based on fraud, so it can happen, but all the case I know about involved aggravating factors, like criminal […]

By: Jason Dzubow

Jason Dzubow — Fri, 21 Nov 2014 16:41:22 +0000

In reply to Daniel.

I think you point to the exact problem here. If she admitted the detention in her visa application, she would likely have been denied the visa. If she is innocent of the charge, she could present evidence of that to the U.S. Embassy, but – discretion being the better part of valor – I still expect that her visa would have been denied. On the other hand, if she came here and sought asylum (which is not the case with Ms. Odeh), she could have argued that she failed to reveal the conviction because she was fleeing for her life, and so she covered it up in order to get the visa and escape a dangerous situation. Under that circumstance, she could still qualify for asylum.

By: Daniel

Daniel — Fri, 21 Nov 2014 13:58:29 +0000

If Odeh had put the conviction on her form, would she still have been eligible for admission and citizenship if she successfully proved the conviction was wrongful and based on torture? I’m pretty sure an asylum applicant could say, under 8 INA 208, that even though she was convicted of a particularly serious crime, that she’s not a danger to the US because the conviction was illegal and based on torture. But I don’t think Odeh was an asylee, so was this argument open to her?

I agree, this is an open-and-shut case. When people lie to immigration authorities, we can’t let them gef away with it by yelling “Torture!” for the first time decades later when they get caught. But do people in Odeh’s situation get a fair chance to argue and prove torture when they first apply for admission?

By: nelson

nelson — Fri, 21 Nov 2014 03:46:14 +0000

Thank you Jason

By: Jason Dzubow

Jason Dzubow — Fri, 21 Nov 2014 03:25:46 +0000

In reply to nelson. It is pretty reliable. The message you heard means your case is not in court. If you want to be even more certain, you can call the local Immigration Court and ask the clerk.

By: nelson

nelson — Fri, 21 Nov 2014 01:22:58 +0000

Hello Jason,
My affirmative asylum application has been pending for 600 days.
Waiting for one notice every day for almost two years can drive crazy even mentally toughest people… So I developed an irrational fear that maybe my interview notice got lost somewhere and because of that my case might already be at an immigration court (I have moved several times but always timely notified USCIS. This fact increases my fears although my EAD has been renewed recently. I can’t physical visit asylum office every-time I want to check my status because office is hundred miles away and they do not respond to emails).

Could you please tell me whether using Immigration court’s hotline ((800)898-7180) robot is a reliable way to check if your case is currently in the court or not?

Answering machine after checking my A-number says: “you’re a-number did not match our records, or the case has not been filed within the immigration court.”