Obtaining K1 Fiancé visa after withdrawn asylum application

[Boiler 43,430]

Sounds like he overstayed so the B issue is moot and with a past asylum claim hardly likely to have been let in anyway.

 

To claim asylum you have to be in the US anyway and he isn't.

 

Certainly possible that the claim if found fraudulent could have an impact of US immigration.

 

CR1 sounds the best bet with his history and needs.

 

 

[Amanda24 0]

3 hours ago, Boiler said:

Sounds like he overstayed so the B issue is moot and with a past asylum claim hardly likely to have been let in anyway.

 

To claim asylum you have to be in the US anyway and he isn't.

 

Certainly possible that the claim if found fraudulent could have an impact of US immigration.

 

CR1 sounds the best bet with his history and needs.

 

 

I have read on several sites that when you apply for asylum, that stops your overstay. He applied for asylum prior to his stay expiring. I don’t know if that is then voided if he returns to his country. I’m wondering if he keeps his case open and returns to the US with his medical paperwork in hand stating that was the reason he went, will they permit him back in, detain him at an immigration detention center, etc. I’m not sure if he will be admissible for a CR1 if they say his claim was frivolous 

[Boiler 43,430]

27 minutes ago, Amanda24 said:

I have read on several sites that when you apply for asylum, that stops your overstay. He applied for asylum prior to his stay expiring. I don’t know if that is then voided if he returns to his country. I’m wondering if he keeps his case open and returns to the US with his medical paperwork in hand stating that was the reason he went, will they permit him back in, detain him at an immigration detention center, etc. I’m not sure if he will be admissible for a CR1 if they say his claim was frivolous 

Look at it logically, you think that some who last time they were admitted as a tourist claimed asylum is going to be admitted again?

[Going through 5,668]

35 minutes ago, Amanda24 said:

He applied for asylum prior to his stay expiring. I don’t know if that is then voided if he returns to his country.

His prior claim of being in fear of returning to his country (hence why he sought asylum) is now a moot point since he did return....which is why USCIS may later determine he filed a frivolous petition for asylum.

 

35 minutes ago, Amanda24 said:

I’m wondering if he keeps his case open and returns to the US with his medical paperwork in hand stating that was the reason he went, will they permit him back in, detain him at an immigration detention center, etc.

On what legal basis would he enter?  All he has is a tourist visa that he previously overstayed on and previously claimed asylum (and most likely they will not admit him with that overstay plus prior immigrant intent shown).

 

Edited June 8, 2018 by Going through

[Going through 5,668]

39 minutes ago, Amanda24 said:

I’m not sure if he will be admissible for a CR1 if they say his claim was frivolous 

If he is found to have factually misrepresented himself to USCIS, possibility of a lifetime bar on any type of visa to enter the US on, ever.

Edited June 8, 2018 by Going through

[Boiler 43,430]

4 minutes ago, Going through said:

If he is found to have factually misrepresented himself to USCIS, possibility of a lifetime bar on any type of visa to enter the US on, ever.

waiverable

[Amanda24 0]

43 minutes ago, Going through said:

His prior claim of being in fear of returning to his country (hence why he sought asylum) is now a moot point since he did return....which is why USCIS may later determine he filed a frivolous petition for asylum.

 

On what legal basis would he enter?  All he has is a tourist visa that he previously overstayed on and previously claimed asylum (and most likely they will not admit him with that overstay plus prior immigrant intent shown).

 

He has his asylum case still open at this time. Because he is still an asylum applicant with an active case, I believe they will still allow him to re enter, but will place him in a detention center. That is what I am trying to figure out. 

[Amanda24 0]

46 minutes ago, Boiler said:

Look at it logically, you think that some who last time they were admitted as a tourist claimed asylum is going to be admitted again?

If he closes his case out, then no. But his case is still active. If he returns with the medical paperwork from his doctor stating that was the reason for his return, they can from that point detain him and send him to an immigration detention center. That is what I am trying to figure out. 

[Amanda24 0]

33 minutes ago, Boiler said:

waiverable

How can they prove that he factually misrepresented himself? He has all of the evidence needed. Just based on the fact that he returned to Venezuela, that would mean it was fraudulent?

[Crazy Cat 39,218]

7 minutes ago, Amanda24 said:

How can they prove that he factually misrepresented himself? He has all of the evidence needed. Just based on the fact that he returned to Venezuela, that would mean it was fraudulent?

Yes....exactly.......who would return to a country from which he fled in order to obtain medical care when The US has some of the best medical care in the world..

That could be argued....

[Umka36 781]

4 minutes ago, missileman said:

Yes....exactly.......who would return to a country from which he fled in order to obtain medical care when The US has some of the best medical care in the world..

That could be argued....

Cost?

[Umka36 781]

Take it for what's it worth.

 

"Can You Travel Outside the U.S. While Your Asylum Application Is Pending?"

 

https://immigration-law.freeadvice.com/immigration-law/asylum/leaving_US_appeal.htm

[Amanda24 0]

8 minutes ago, missileman said:

Yes....exactly.......who would return to a country from which he fled in order to obtain medical care when The US has some of the best medical care in the world..

That could be argued....

He had no money whatsoever.  No health insurance. No doctor established here. His family had to pay for his flight back home which was only about $130. Knowing the cost of medical care here, he would not have been able to get the care he needs. He is established with his doctor back home for many years. 

[geowrian 22,335]

23 minutes ago, Amanda24 said:

How can they prove that he factually misrepresented himself? He has all of the evidence needed. Just based on the fact that he returned to Venezuela, that would mean it was fraudulent?

They don't really need to prove it...if they find that he made a material misrepresentation, then he would need to either 1) prove that it was not actually a material misrepresentation, or 2) have the inadmissibility waived.

 

Proving that he had a credible fear of persecution requiring asylum in the US - at the same time traveling there - is not a good position to be in. I'm unsure of the exact guidelines they follow here with asylum cases, but I would not be surprised if there is something in the AFM covering this circumstance with a presumption of fraud.

 

From the I-589 instructions:

"Applicants determined to have knowingly made a frivolous application for asylum will be permanently ineligible for any benefits under the Immigration and Nationality Act (INA)"

and

"To qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence if you have no nationality"

 

By nature of actually going there, one would can only conclude they are not unable or unwilling to do so. And if the case is that the circumstances changed to make him capable and willing to travel there, then there is no longer a basis for asylum.

Edited June 8, 2018 by geowrian

[Crazy Cat 39,218]

2 minutes ago, Amanda24 said:

He had no money whatsoever.  No health insurance. No doctor established here. His family had to pay for his flight back home which was only about $130. Knowing the cost of medical care here, he would not have been able to get the care he needs. He is established with his doctor back home for many years. 

Why can't he now just live in his country?