do i need a lawyer ? category F4

[ajax amsterdam 0]

came to the US on B1/B2 tourist visa, applied for asylum but was denied due to more than 1 year filing it (asylum requires to apply within 1 year of arrival to the US)

brother became a US citizen a couple of years later, filed I-130 category F4, got NOA notice of approval from USCIS a few years later

my case is now with NVC.

due to a sick mother, came back to home country 5 years ago

is a lawyer needed to assist me with the case? since i applied for an asylum

if yes, how can an immigration lawyer in the US assist me?

please help, any input would be great. thx

[Boiler 46,144]

That would depend on whether it was frivolous or not.

[ajax amsterdam 0]

it's definitely not .. but how do the interviewer / embassy to determine one ?

[SuperDuper! 230]

Please tell us what countries are involved.

[ajax amsterdam 0]

USCIS should have screened/checked my background/file before approving my I-130 petition, right?

i got 'A' alien number after filing asylum and SSN, and i wrote them down on the application form

therefore, i presumed all my record is in their file. the country involved is indonesia

[Boiler 46,144]

Holland?

[Boiler 46,144]

Holland?

I was wrong.

I 130 just substantiates relationship. Consulate determines eligibility.

[ajax amsterdam 0]

I was wrong.

I 130 just substantiates relationship. Consulate determines eligibility.

i c .. so, do i need to hire a lawyer?

[Penguin_ie 5,997]

There are two potential issues; the filing for asylum and possibly an overstay. To figure out your chances/ whether you should get a lawyer, we need to know more info:

On what basis did you file for asylum?

Which country are you from?

How long (if at all) did you overstay previously- ie you said you came on a tourist visa, but they are usually 6 months but you stayed more than a year before filing for asylum; also once asylum was denied, how long till you left the USA?

[Boiler 46,144]

He said Indonesia.

[JimVaPhuong 4,863]

I could see the asylum claim coming back to haunt you. When you file for asylum you are claiming you have a well founded fear of persecution if you return to your home country or last country of residence. Now you have voluntarily returned to your home country because your mom was sick. They could, in retrospect, determine your asylum claim was frivolous and bar you from the US. I don't generally read about asylum cases, so I don't know what the odds are of this happening. It might be a good idea to at least consult with an immigration attorney.

[Harsh_77 718]

I see lot of things going against u in the case.

1. Tourist Visa is only 6 months - so you over stayed there for 6 months before applying.

2. If you applied for asylum - means you feared for your life in your home country, but you have returned to your home country after it. I am not sure if ppl from Indonesia were able to obtain asylum - as there was no major ethic killing or anything like that happening.

3. Your brother beacame US Citizen after few years, means your were staying illegaly in the country without status - don't know how many years u waited for your brother to be citizen to file I-130.

4. Now given you are in your home country for 5 years, why do you need to return back to US - and CO would definately consider why you would not commit immigration fraud in future, since you already have done it in past.

You can get an immigration lawyer, but when you have broken rules I am not sure what else an immigration lawyer can do for you.

[ajax amsterdam 0]

it's absolutely not frivolous,i came to the US 10 years ago

there was a riot in 1998 in indonesia, killing, looting and raping etc mostly chinese ethnics ppl

living in a most populous moslem country in the world 200+ million ppl, bombs by radical terrorists every years

it still happens nowadays, harassing church goers, destroying and vandalizing the churches

not allowed to build places of worship other than mosques