Hi

[DejiOsu 1]

A friend came inn to the USA with family of 2 kids and the mother for a visit and have stayed 4 months already, due to explainable problem in their country, they wanted to seek asylum here, their Visa has expired already but they still have 2 months left on the immigration validity, if there asylum case is denied, can they still reapply for b1 b2 for reentry to United State? And is the 2 months left enough for asylum decision?

[britishandusa 446]

If their visa is already expired, then they’ve already overstayed. It does not matter how much longer the visa is valid for. 

If asylum is denied, then they must leave the country immediately (might have a ban) and will NOT be able to use the same visa to come visit. It will VERY difficult to obtain another tourist visa.

 

if they’re considering about the fact if their asylum is denied and they want to reapply for b1/b2, they probably don’t qualify for an asylum visa. Time to pack their bags and go home.

 

Edited January 1, 2019 by britishandusa

[Boiler 43,564]

It is not automatic but would be safe to assume any B would be cancelled following an Asylum application.

[Unlockable 7,306]

1 hour ago, DejiOsu said:

A friend came inn to the USA with family of 2 kids and the mother for a visit and have stayed 4 months already, due to explainable problem in their country, they wanted to seek asylum here, their Visa has expired already but they still have 2 months left on the immigration validity, if there asylum case is denied, can they still reapply for b1 b2 for reentry to United State? And is the 2 months left enough for asylum decision?

Asylum cases take a very long time. Sometimes years. They are granted authorized stay and the authorization to work in the meantime. So, no, 2 months is no where near enough time for asylum.

 

But you should be aware that asylum is not an easy win. Many people don’t realize that asylum cases often are not approved. You have to have extremely valid reasons for claiming asylum. I’ve seen some frivolous asylum claims like not liking the job they had in their home country.

 

And lastly, if asylum is denied, they should very well expect not to get another visitor visa anytime soon. Applicants of visitor visas are expected to NOT HAVE IMMIGRANT INTENT. A previous asylum attempt means a person intended to immigrate.

[milimelo 4,226]

What country are these friends from? 

[DejiOsu 1]

27 minutes ago, milimelo said:

What country are these friends from? 

Nigeria

[DejiOsu 1]

1 hour ago, NuestraUnion said:

Asylum cases take a very long time. Sometimes years. They are granted authorized stay and the authorization to work in the meantime. So, no, 2 months is no where near enough time for asylum.

 

But you should be aware that asylum is not an easy win. Many people don’t realize that asylum cases often are not approved. You have to have extremely valid reasons for claiming asylum. I’ve seen some frivolous asylum claims like not liking the job they had in their home country.

 

And lastly, if asylum is denied, they should very well expect not to get another visitor visa anytime soon. Applicants of visitor visas are expected to NOT HAVE IMMIGRANT INTENT. A previous asylum attempt means a person intended to immigrate.

Very right

[DejiOsu 1]

2 hours ago, britishandusa said:

If their visa is already expired, then they’ve already overstayed. It does not matter how much longer the visa is valid for. 

If asylum is denied, then they must leave the country immediately (might have a ban) and will NOT be able to use the same visa to come visit. It will VERY difficult to obtain another tourist visa.

 

if they’re considering about the fact if their asylum is denied and they want to reapply for b1/b2, they probably don’t qualify for an asylum visa. Time to pack their bags and go home.

 

Like you said once Visa has expired it means they have over stayed, what really happen is that they have 2 month left on the visa when they came inn but upon entry, immigration stamped 6 months to stay in the USA, are you saying once the visa has expired the Immigration status too has expired?

[Boiler 43,564]

If they can holiday in the US for 6 months they can certainly afford the cost of some Lawyer time.

[SusieQQQ 11,584]

3 hours ago, DejiOsu said:

A friend came inn to the USA with family of 2 kids and the mother for a visit and have stayed 4 months already, due to explainable problem in their country, they wanted to seek asylum here, their Visa has expired already but they still have 2 months left on the immigration validity, if there asylum case is denied, can they still reapply for b1 b2 for reentry to United State? And is the 2 months left enough for asylum decision?

Do you mean for example the visa expiry date was say December 2018 but they entered in August 2018 and were stamped till Feb 2019? In that case yes they are still legally in the US on B status. If they want to claim asylum best to do it before their B status expires. They will be highly unlikely to get another B visa if asylum is denied. The asylum case will likely take at least a year. The US government moved to a “first in first out” asylum system last year sometime - they are actually processing later cases first now. This is because they were getting a lot of frivolous asylum applications and this way they get them sorted and out the country quicker. So if your friends really do have a strong asylum case, suggest they get a lawyer and apply ASAP. If they don’t (which frankly is my reading because they seem more concerned about getting another B visa than the prospect of returning to persecution in their home country) then it’s better for them to just depart the US before their B status expires. 

 

(Other people seem to have been assuming that the visa stamping date has expired but the visa itself has not expired. Can you please clarify which you actually mean.)

Edited January 1, 2019 by SusieQQQ

[DejiOsu 1]

11 minutes ago, SusieQQQ said:

Do you mean for example the visa expiry date was say December 2018 but they entered in August 2018 and were stamped till Feb 2019? In that case yes they are still legally in the US on B status. If they want to claim asylum best to do it before their B status expires. They will be highly unlikely to get another B visa if asylum is denied. The asylum case will likely take at least a year. The US government moved to a “first in first out” asylum system last year sometime - they are actually processing later cases first now. This is because they were getting a lot of frivolous asylum applications and this way they get them sorted and out the country quicker. So if your friends really do have a strong asylum case, suggest they get a lawyer and apply ASAP. If they don’t (which frankly is my reading because they seem more concerned about getting another B visa than the prospect of returning to persecution in their home country) then it’s better for them to just depart the US before their B status expires. 

 

(Other people seem to have been assuming that the visa stamping date has expired but the visa itself has not expired. Can you please clarify which you actually mean.)

Their US visa expired NOvember but the 6 months stamp still valid till February.

[SusieQQQ 11,584]

29 minutes ago, DejiOsu said:

Their US visa expired NOvember but the 6 months stamp still valid till February.

Ok, then they are currently still legally in the US. 

[britishandusa 446]

1 hour ago, DejiOsu said:

Their US visa expired NOvember but the 6 months stamp still valid till February.

Then that's well and fine but getting asylum within two months is next to impossible. If they are afraid of not getting another tourist visa, then they shouldn't be looking for asylum. Asylum visas are meant for people who are truly trying to escape their country out of fear and violence. They do realize that if they stay in the US for too long, they have to stay twice as long outside if not more, for the next time they come back and visit? A tourist visa is not meant for living in the US. 

[SusieQQQ 11,584]

^ spotted typo in my above post too late to edit, I meant of course the asylum system has moved to last in first out

everything else still stands as valid