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Drifter
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Posted on 05-23-08 7:05
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I heard you have to apply within a year upon your arrival but I am not sure about it. And the political sitautions is waaaayy better than it used to be back home, so GOOD LUCK!
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do_not_remember_me
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Posted on 05-28-08 2:01
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i came here in 2006 and currently i m in my OPT. However, i never went back to nepal so far. So can i still file asylum ? don't know about any laywers who will handle this matter. can anyone please provide me the name or office number here?
Thankx
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LimiTedEdiTion
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Posted on 05-28-08 3:07
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never knew people can file for asylum after more then 1 year in usa..
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Nepaali
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Posted on 05-28-08 9:39
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To all concerned:
As a Nepali attorney, I am putting the following out here in the interest of the community; you are welcome to listen to what I have to say or throw it aside - either way, I'm putting this out there as a word of caution.
In order to have a successful asylum application, you must first and foremost prove basis in law: there are five categories under which one can apply for Asylum, 99% of cases out of Nepal are based on Political Opinion. Secondly, you have to prove the fear of returning to your home country either as a result of past persecution or fear of future persecution (the persecution has to be against you personally, not members of your family or even people in your area/hometown). Thirdly, there is a strict time bar that applies - Asylum applications MUST be filed within one year of arrival to the U.S unless you can prove really "Good Cause" why you didn't apply within the one year timeline.
Members of the Nepali community seem to look upon Political Asylum as a "right"; coincidentally, they also like to think of the USCIS as a bunch of idiots that are easily fooled; however, I happen to know of many unfortunate Nepalese who fell for the easy asylum stories and ended up in Federal Detention for months before finally being deported back to Nepal....that is a very real risk that folks need to be aware of.
I find it shocking that people dispense advice along the lines of "show medical reports that you were badly injured"..sounds like what you are essentially saying is it's easy to lie your way through a credible fear interview...that is shocking to me! No one can stop you from making a claim--whether real or manufactured, but please know that there are very real consequences for believing that you can cheat the system and lie your way through a credible fear interview --- I understand that the situation for some is dire and this seems like the only way out, but still, be aware of the consequences.
If an asylum application is approved..good..congrats to you!; if it is denied, you better be prepared to either appeal to the Board of Immigration Appelas (BIA) - within 30 days of the Judge's decision or be ready for departure. Youu can either be deported (in which case you face an automatic 10 year bar i.e. cannot re-enter the U.S for a period of 10 years unless you are lucky enough to qualify for a waiver of some sort) or you can ask for voluntary departure i.e. promise to the judge that you will leave by a particular date (advantage to this is that you do not face a bar to re-enter; technically, you can apply for a visa and try to re-enter the U.S even if you left under voluntary departure)
For Lahuredai: Be careful! The primary principle of the F-1 is essentially a promise between you and the U.S government that you will study in the U.S and return to your home country at the end of your academic program; if you applied for asylum half way through, you may be lucky and it may be approved, but, you had better get some legal counsel on what options you have if it is denied .
Again, as I said, this was in the interest of folks who may read through this string and think that Political Asylum case is as easy to get as a gallon of milk from the local grocery store...please think htrough this carefully because trust me, I've had to go to a Federal detention center before to help Nepali speaking detainees and it is NOT a place I recommend for anybody!!
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kailo
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Posted on 05-30-08 3:50
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as i read all of the posts, i can see that most of you are half-informed bunch of morons, surmising on things like those happy-ending asylum stories of few lucky guys.
first, thank the attorney for the posting above this remark!
don't forget that there are things to be proven to the dhs, things to be done, things to be avoided, and above all, convince the folks at dhs that there is indeed a fear of prosecution lurching for you in nepal.
then don't forget to know what is "material support" and the accompanying "inadmissibility bar" attached with that facet of the law.
towing a lawyer's line would be the best advice, though that does not diminish the need for you to prove your claim to the asylum adjudicator.
if u make it through the mess, congratualtions! if not, you will regret what you just did. and if you are so far up the line as an OPT, you better find other ways of seeking immigration status. i know a handful of guys who keep crying all day because they didn't listen to others and filed for asylum, only to be denied.
kailo
Last edited: 30-May-08 03:51 PM
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Quagmire
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Posted on 05-30-08 4:36
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nepaali bro, what's your email address? I have a personal question.
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dirk41
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Posted on 05-30-08 10:13
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hey guys,
i m going through this thing myself and the thing some pppl said u hav to apply within 1 yr of ur arrival. But it also means if somebody comes to this country in 2006 and leaves say 2008 Jan and again enters in 2008 May, then u'll b eligible for asylum, but u hav to clarify why u didn't file it b4 and what happened when u went to ur home country last time... for this u better prepare with very good lawyers in this business and its a time consuming process too, so gotta have patience and some money and make sure u havn't violated any immi. laws..
write me back if u hav any questions, i don't know everything but know lot of things since i have my case pending and working with my lawyers
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dirk41
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Posted on 05-30-08 10:19
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DO NOT REMEMBER BRO
MY SUGGESTION FOR U IS GO BACK TO NEPAL ASAP AND COME BACK AND APPLY , THAT WILL GIVE U A GREAT CHANCE N TELL THEM U HAD PAST PERSECUTION.. AND TELL THEM WITH THE CHANGE OF NEW GOV., U THOUGHT UR LIFE WILL B OUT OF DANGER BUT IT ALL PROVED WRONG IN UR LAST VISIT, BE READY FOR JHUTO MATHI JHUTO AND U GOTTA B DOING CONFIDENTLY AND KNOW WHAT U SAID IN UR PREVIOUS STATEMENTS..
BUT ALL IN ALL I SUGGEST U TO TALK TO THE LAWYERS B4 MAKING ANY DECISIONS...
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dirk41
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Posted on 05-30-08 10:27
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IF UR ASYLUM APPLICATION IS APPROVED U CAN APPLY FOR PERMIT AFTER 150 DAYS, IF U WIN THAT'S GREAT U CAN APPLY FOR GC AFTER 1 YEAR BUT IF U LOSE U'LL APPEAL AGAIN N APPEAL N KEEP RENEWING UR PERMIT UNTIL UR CASE GOES TO HIGHEST COURT, THAT'LL TAKE AROUND 5 YRS MAY B MORE, I HAVE SEEN PPL.....BY THAT TIME U'L FIND OTHER WAYS TO GET PAPERS.. SO KEPP IN MIND WHAT YA'LL DOING....
BUT NEVER MAKE MOVE WITHOUT THE HELP OF LEGAL XPERT THAT'S HOW I END UP IN A REAL BAD SITUATION... THIS IS XPRIENCE...
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gpm
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Posted on 04-04-09 6:43
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yes sir
Last edited: 08-Apr-09 10:16 AM
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dirk41
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Posted on 04-05-09 6:10
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ल साथी सुन्नुस् ।।।।
Last edited: 06-Apr-09 06:32 PM
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dirk41
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Posted on 04-05-09 6:30
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अब प्राये सोध्ने प्रश्नहरू चाँही घटना कहिले भको? किन हमाला भको?? कती बेला? कती जना मान्छे हरु थिए? तपाईंलाई क् गर्यो? ति मान्छेहरु को थिए?? तपाईंले चिन्नु भको थियो कि थिएन?? तपाईं कुन पार्टी अथबा के कस्तो राजनैतीक पार्टी अथबा testaai कुनै समुहमा लग्नु भको थियो कि थिएन या अझै पनि sanmanglata raakhnu हुन्छ कि हुन्नह?? आफ्नो पार्टी को सिद्धान्थ र मूल उदेश्ये हरु के हुन?? आक्रमणधरीहरु कून पार्टी क थिए?? उनिहरु lay के भन्यो तपाईं लाई??।। yesstai कुरा हरु दोराको दोरै गर्छन् अब उत्तर चाँही एउटै हुनु पर्यो। अब अदालत मा जानु पर्ने हो भने चाँही अल्ली गार्हो पर्छ किन भने त्याहा सरकारी ओकिल ले वाक्कइ बनाउछ।
Last edited: 06-Apr-09 06:32 PM
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gpm
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Posted on 04-06-09 11:23
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hnn
Last edited: 08-Apr-09 10:16 AM
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gpm
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Posted on 04-06-09 11:27
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ok
Last edited: 08-Apr-09 10:15 AM
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dirk41
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Posted on 04-06-09 12:32
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malai email ma pathaunu bhaneko tesai vayera
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gpm
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Posted on 04-06-09 12:41
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devilwithin999
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Posted on 04-06-09 2:47
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asylum reject bhayo bhane ta f1 status pani udcha hoina ra?
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dirk41
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Posted on 04-06-09 3:00
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Last edited: 06-Apr-09 06:25 PM
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Gay Goat
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Posted on 04-06-09 4:15
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Please appreciate what you have every single day, and it will lead you to the way whatever your mind desires. When I was in college, 19 years ago, all my friends were just curious and worry about on how to get Green Card all the times. I was a party guy, new girlfriend every semester, and also I had a side job for pocket money all the time. I graduate with great GPA in Finance. I got a good offer in one company ,and at work, I met my wife ( I am lucky she is Nepalese and she had a green card at that time). Now, we both work for the Federal Government. Do you get the point? Don't worry, just do what you have to do NOW and APPRECIATE IT. You have F1 visas and you can enjoy in US, too. So appreciate it what you have now. If you want something more in your mind and its true it will come right to your door. Good luck.
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ठुल्दाइ
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Posted on 04-06-09 4:26
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Gay, how come your profile says you are single, when your post says you have a wife? Do you really appreciate what you have now?
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ठुल्दाइ
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Posted on 04-06-09 4:29
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| Gay Goat Click here to subscribe to Gay Goat's postings. You will get notification when the users posts in sajha. [Subscribe] | Rate this Post: If 20 or more members rate this post with 1 star which is (Flag as Inappropriate), this posting will be inactivated | | lease appreciate what you have every single day, and it will lead you to the way whatever your mind desires. When I was in college, 19 years ago, all my friends were just curious and worry about on how to get Green Card all the times. I was a party guy, new girlfriend every semester, and also I had a side job for pocket money all the time. I graduate with great GPA in Finance. I got a good offer in one company ,and at work, I met my wife ( I am lucky she is Nepalese and she had a green card at that time). Now, we both work for the Federal Government.
Do you get the point? Don't worry, just do what you have to do NOW and APPRECIATE IT. You have F1 visas and you can enjoy in US, too. So appreciate it what you have now. If you want something more in your mind and its true it will come right to your door. Good luck. |
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