Dear Everyone,
If you know or have approved asylum case could you please share you opinion about how the Asylum Process works specially for the people who are out of status for more than a year and who have not been to Nepal for few years,
-What will happened if the case is denied and goes to the court, and again gets denied, can you appeal you case to the higher court, how long is the process?
-What will happen if you get married to a US Citizen or PR after your case goes to court, can you drop your asylum case after it is denied by the court?
-Once the case is denied, and they put you on Removal Process, can you do anything to avoid it?
Thank you everyone ;-)

I think you have to file for asylum within 1 year of US entry.

basebook , Technically yes but not necessarily.

Listen, situation here is, person has been out out of status for couple years or close to it as he/she claims to be. Then files for TPS and asylum simultaneously. So, if you have strong grounds for applying asylum, go for it. But if the immigration judge finds you applying asylum papers on baseless grounds then no future immigration benefits under any circumstances. So you might need to sit down with a lawyer and discuss about this topic.

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Suvaratri,
Just file for TPS. TPS tend to get extended for a long period of time. That shall cover you for a long period of time. If you have the TPS and then file for Asylum case, if your case is not granted by the asylum officer your case will not go to court and that will be your last stop since you are in a valid immigration status.

Answers:

1) If your case is denied at lower court it will go to BIA then to appeal court. The process is very long and i cant give exact answer to that. May be even 10-15 years. You can take the case even to US supreme court after appeal court but they normally deny to hear immigration cases unless it is a very high profile case or it actually affects the whole judicial review process.

2) yes you can marry and drop the case. The process will go lil different though. Hard to explain everything here.

3) If you are out of status then u cant avoid it but if you have a legal status for eg TPS your case will never go to court. Its either you will be granted or denied. You wont be placed in removal proceeding.

Highly recommend you to sit down with a expert asylum lawyer. It is a very complex matter.

Thank you

asylum approval rate has been declined so don't take any risk

Someone told me that it is not a good idea to apply for asylum while you are on TPS