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Asylum Application Pending

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Filed: Other Country: Afghanistan
Timeline

Hello everyone,

First of all thank you for reading this. I came to US on 3rd October 2014 on B1 business visa of 3 months and extended to 6 months by IO on Port of Entry. I was a translator with US Marines in Afghanistan 2011-2012 and was facing prosecution because of my work so I had to run away from there. Anyone who has worked with US forces for one year qualify for Special Immigration Visa and can come to US but that process takes 1-2 years. I never applied for that because I had to support my family and I couldn't leave them, being the only provider. In 2013, I was kidnapped by the taliban and was to be killed but fortunately my family paid ransom and I was released. Later, we moved to different part in afghanistan to get away but i will still getting blocked phone calls and threat letters being dropped off at my home to kill me. I decided I couldn't live there and came here.

Here are my case details:

3rd February 2015 Applied for asylum

9th February 2015 Asylum application received by San Francisco asylum office

17 February 2015 Mail received for biometrics

20 February 2015 Biometrics

No news since then. Every lawyer I have visited told me that I have legitimate case but looking at experience of past asylum applicants, I am starting to lose hope. I am in poor financial position and no job. Whatever money I had in with me, I paid the lawyer to help me with my case but now I think he ripped me off because a week ago I email to find out about my case. He told me that starting 8th July 2015, my 150 days will be completed and I can apply for EAD and for that I should make appointment to sign another contract so we can work on getting me a 'work permit'. I looked myself and it is only a one page form.

Now, my question is that:

1) Is there anyone familiar with these types of cases?

2) How much time do these type of case take?

3) What should I do?

PS) Since I have been here, my family had to leave afghanistan because of the threats. They were going to Europe by road, i haven't heard from them in 4 days. Last, they were in greece. My grand father was shot dead a month ago.

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I am not familiar with these types of cases, only that SIV takes forever. I don't know if you can apply for SIV in US, but asylum should be appropriate for you. These cases, just like so many visas cases probably take a lot of time too, but I'm not sure. If they have your application, you should be on the right track. You may not need a lawyer. I met a person on a plane ride who seemed to be able to handle it all himself.

I'm sure you seen this link: http://www.uscis.gov/humanitarian/refugees-asylum/asylum

You don't need the lawyer to get yourself a work permit, but you do need to wait the 150 days. That would be July 9th if the USCIS made no decision on your case. Don't pay the lawyer for something you can do yourself when you are in a desperate situation! Did the lawyer tell you if there was an expedite available on your case or not? I don't know if there is one available for you, but you will be able to bring your wife and kids to US when they approve your status.

Check out this link if you may be able to elect refugee status for your family: http://www.uscis.gov/humanitarian/refugees-asylum/refugees

Just keep trying. Don't give up. You have made it here alive and many translators are still waiting with no date, no job and losing hope. The visa process is long, but not too complicated. Just read the forms and instructions well. Your English is strong. Also post questions here when you don't understand a step and I think you can call USCIS with questions on processes too.



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Filed: Other Country: Afghanistan
Timeline

Thanks for your reply.. Yeah I have been trying here and there to speed things up. So far, I haven't been lucky. I will apply for work permit myself after 9th July 2015. I just wanted to know if anyone else is going through the same case and what is the time frame for asylum cases?

I haven't asked my lawyer if the case can be expedited or not. I will ask him today

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If he won't help you, then call the USCIS on this link:http://www.uscis.gov/forms/expedite-criteria

Try to document your story as best you can. Any statements or death certificate for the family? Any evidence for your kidnap would help too. It's hard to get this expedite, but getting the EAD seems imminent. Hopefully you were able to add your family to this petition. See if you can contact your Senator or state representative to see if they would help inquire for you. See if you can contact a Congress person that has supported SIV. Maybe Matt Zegler (?) from nooneleft.org can give some insight?

Hopefully someone on asylum visa on this site can help you and share their experience!



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Filed: Other Country: Afghanistan
Timeline

Thanks for your reply. I have asked my lawyer to get the case expedited, lets see what he says. I have tried contacting a senator. They replied and said they are going to support me. They had sent a form which I filled out and sent it back. Anything else, you think I should do?

With my case, I had tried to provide as much details as possible. Some of them were:

* Two threat letters from the taliban

* Hospital report from the time when I was injured and beaten

* Kidnapping Report from National Directorate of Security of Afghanistan

* Statements from my uncle and village elder

* Records showing my job with US Marines

* Recommendations from USMC officers

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Hi

I wish I knew what you need to do but I don't.

But I noticed that you are in the Bay Area (correct me if I'm wrong), and I do have a couple of sources where you could probably get help and information.

They are sources for Afghans of the Bay Area.

http://www.beachcalifornia.com/srca/churches/hayward/1-afghan-refugee-islamic-community-of-the-bay-area-510-582-2730.html

http://www.afghancoalition.org/

I hope it helps! :)

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Anything else, you think I should do?

Actually, I am not quite clear on what your main objective is. If I were in your position, I would want to get my EAD (which you will be eligible for it very soon), start working, then get your family here. I think your visa or green card could take a long time, but that may not be so much of an issue as long as you are not looking to do international travel yourself. If you are intending to stay in the states with your family who has fled, then you sound like you are on your way to being in good shape. I don't think you are at risk of deportation if you have the application pending, unless you commit a crime - even then, minor crimes are not always pursued.

What does your lawyer say about including your family in your case? Were they already included on the petition, or did they need to be in the US to be included? If they could not be included, then they would be priority three (http://www.uscis.gov/humanitarian/refugees-asylum/refugees/united-states-refugee-admissions-program-usrap-consultation-worldwide-processing-priorities), perhaps there is someone or several someones you can contact to ask about getting them to priority one or two? Have you filled Form I-730 for them or do you need to wait for your asylum case to be finished? If you need to wait, at what point can you fill out Form I-730 for them?

Maybe your family can apply to the US embassy at whatever country they are in now to get permission and be considered tier one?

Please keep us informed of your situation! I hope your family can join you quickly!



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  • 4 months later...
Filed: AOS (pnd) Country: Afghanistan
Timeline

Hey, how's it going buddy?

I came across your thread and your situation is very similar to mine. Well, i have been through that now and matter of fact i mailed my green card application today. I arrived in US in March of 2011 from Afghanistan. Was a translator. Applied for Asylum a few days later of my arrival. Asylum got approved by an immigration judge in Feb 2014. Now do the math. Assuming that your case is still with the USCIS, i will will leave a comment. Since, you already submitted your file requesting asylum, unless everything is perfect, there is a great chance if might get referred to the immigration court which could take years depending on how busy the court in your area is. I wish i came across this earlier and would share any tips with you which i wish i knew when filing my asylum case.

If you already got your EAD, great. In the mean time, look into school options. Start a community college asap. You will only get a better job if you, if you graduate from a 4 year university or have years of experience in a particular practice.

However, if you have any question, don't hesitate. Good luck.

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