Potential Asylum Seeker

[clearbahamianmn 0]

First time poster here.

I am a Bahamian citizen currently living in Minnesota and working on an OPT STEM extension which ends in about 8 months. I am dreading the idea of going back to the Bahamas and so I am considering the possibility of filing for asylum. A close friend of mine has been pushing me to look into it as she thinks that I may have a case. I really wanted to get an outside opinion as to whether or not I possibly have a case before wasting my (and USCIS's) time.

To start off with. I am a Bahamian citizen but I am of Haitian-decent. To anybody unfamiliar with the Haitian-Bahamian atmosphere, to put it simply, Haitians immigrate to the Bahamas (legally and illegally) in large numbers, and as a result Bahamians in general tend to have a feeling of animosity when it comes to Haitian-Bahamians. My parents came to the Bahamas to work and live on valid working visas. My sister and I were born and raised in the Bahamas. However, due to Bahamian law we were not able to apply for Bahamian citizenship until we turned 18 (my sister applied when she was 18 and is almost 22 and is still waiting to hear back regarding her case). I was fortunate to be approved relatively quickly and was able to obtain a passport, otherwise I wouldn't have been able to attend college outside of the Bahamas.

Because of the negative attitudes towards people of Haitian origin in the society, Haitians (and those of Haitian origin) tend to experience widespread discrimination. I have several personal stories about my own experiences along with those of some of my family members and friends. Immigration officers are known to pick out people who have Haitian features and if those individuals are not walking around with work permits/residency papers (which isn't all that safe) they are usually immediately bused to the local detention center to wait for these documents to be brought in. And if not, deportation is very likely on the horizon, which could mean (for someone like my sister) being sent to a country that you've never stepped foot on.

Not only does the law make it difficult for people like me who are of Haitian origin, but the atmosphere of living there is extremely tense. 2015 was the most deadly year in Bahamian History. The per capita murder rate is 44.4 per 100,000 (in perspective, the US per capita murder rate is 4.5 per 100,000) To live there is scary in itself, and adding that a majority of Bahamians hold open animosity towards people of Haitian decent makes it much worse. Further, the government officials don't offer too much help to people who suffer prosecution. Recently, a member of parliament stated openly in an interview that he wanted to put all gay and trans-sexual people on a deserted island to 'die-out' and no other government official stood out against his disgusting comment (just as an example).

Furthermore, the recent natural disaster that occurred - Hurricane Matthew - caused extensive damage to my family home in the Bahamas. This is what really drew me to consider the possibility of asylum. The idea of leaving Minnesota to go to the Bahamas in a few months has me caused me even more dread and I worry as I think of what life will be like if I have to go back. After living in Minnesota for the last few years, I have been able to live life with much less fear in everyday life. That's something I have grown to treasure as the idea of returning to the Bahamas really scares me and at times causes me to fear for my life.

[Harpa Timsah 13,258]

Asylum is for people who fear death. You are talking about unpleasantness. I don't think you have an asylum case.

Find a job willing to sponsor an H1B visa instead.

Edited October 24, 2016 by Harpa Timsah

[millefleur 5,047]

Asylum is for people who fear death. You are talking about unpleasantness. I don't think you have an asylum case.

Find a job willing to sponsor an H1B visa instead.

Is asylum really for people who fear death? I know that gay and lesbian Russians can get asylum in the US. While there is a lot of discrimination here and oppressive laws, it's rare that someone ends up dying as a result of it.

I think the OP could try, but asylum cases take forever. Often times you end up in a kind of red-tape limbo just waiting around for the government to make a final decision about whether or not you can work and stay. There are limited rights until they make the final decision, which can take years.

[Boiler 46,311]

Do you have a Haitian passport? Could you not mover there?

[N-o-l-a 7,168]

I'm making the assumption that you are not white, so correct me if I am wrong. You don't have fear being a black person in Minneapolis? There have been shootings by both the police and locals in the past year. Arguably people with deeper skin tones face widespread discrimination in America too.

Edited October 24, 2016 by N-o-l-a

[Harpa Timsah 13,258]

Is asylum really for people who fear death? I know that gay and lesbian Russians can get asylum in the US. While there is a lot of discrimination here and oppressive laws, it's rare that someone ends up dying as a result of it.

I think the OP could try, but asylum cases take forever. Often times you end up in a kind of red-tape limbo just waiting around for the government to make a final decision about whether or not you can work and stay. There are limited rights until they make the final decision, which can take years.

I believe that some gays and lesbians from Russia have gotten asylum based on their specific circumstances, but there is not blanket asylum available for all Russian GTLBQ.

Let me put it this way: a sign of fraudulent asylum is if a person goes back to visit the country they have claimed to fear. So asylum means that things are so dangerous for you there that you cannot even visit.

And for the OP, a frivolous asylum case is a serious matter and jeopardizes all further immigration opportunities to the US.

[millefleur 5,047]

You're probably right, Harpa. This was the article I remembered reading a while ago about that. The other thing I noticed is that these Russians who were granted asylum ended up giving up a lot back home in order to come to the US, so it was clear they weren't just economic migrants.

I'm sorry about your situation OP. If you've made contacts and had work experience in the US, why not try to go for the H1B?

Edited October 24, 2016 by millefleur

[Boiler 46,311]

I believe that some gays and lesbians from Russia have gotten asylum based on their specific circumstances, but there is not blanket asylum available for all Russian GTLBQ.

Let me put it this way: a sign of fraudulent asylum is if a person goes back to visit the country they have claimed to fear. So asylum means that things are so dangerous for you there that you cannot even visit.

And for the OP, a frivolous asylum case is a serious matter and jeopardizes all further immigration opportunities to the US.

I have seen many threads from asylum seekers asking about vacations in their home country, seems quite common and not an issue.

[Harpa Timsah 13,258]

I have seen many threads from asylum seekers asking about vacations in their home country, seems quite common and not an issue.

The FAM says otherwise.

[Boiler 46,311]

Says what, you can not leave the US, assuming you have AP or your GC?

[Harpa Timsah 13,258]

I think it is the FAM but I don't have the exact citation, but I have read that traveling to the country one is getting asylum from is a fraud indicator. People can travel other places, but going back to the country you claim to need protection from raises serious doubts.

I have seen people on VJ claim they go back to their home country and I call them out on it.

I also don't doubt that many asylum applications are fraudulent.

If you truly need asylum from a place, then you wouldn't want to go back for a vacation.

Edited October 24, 2016 by Harpa Timsah

[Mounat 74]

Asylum is for people who fear death. You are talking about unpleasantness. I don't think you have an asylum case.

It's not only for fear of death that one seeks asylum. It's persecution based on several things: race, religion and even political beliefs.

There are successful cases based on forced marriages, female genital mutilation, religious minority status among other things. Each case is adjudicated individually considering all the circumstances.

OP should seek experienced counsel to advise on how to proceed.

[Harpa Timsah 13,258]

It's not only for fear of death that one seeks asylum. It's persecution based on several things: race, religion and even political beliefs.

There are successful cases based on forced marriages, female genital mutilation, religious minority status among other things. Each case is adjudicated individually considering all the circumstances.

OP should seek experienced counsel to advise on how to proceed.

Yes, he should ask professionals.

[Boiler 46,311]

I think it is the FAM but I don't have the exact citation, but I have read that traveling to the country one is getting asylum from is a fraud indicator. People can travel other places, but going back to the country you claim to need protection from raises serious doubts.

I have seen people on VJ claim they go back to their home country and I call them out on it.

I also don't doubt that many asylum applications are fraudulent.

If you truly need asylum from a place, then you wouldn't want to go back for a vacation.

In this case the OP has family and I assume he would want to visit them, I have yet to see anybody with Asylum report having issues.

I know in the UK it is very common for asylees to visit their home country so sort of assumed the regs were similar in the US.

[JayJayH 546]

OP, I never knew this about Bahamanians of Haitian origin, and I am sorry for your situation.

In general, your case sounds like a long shot, a very long shot as far as asylum goes. Economic difficulties or everyday unpleasantness will not get you asylum. Generally, a case for asylum is if you have a genuine fear of death, torture, wrongful imprisonment etc. on the basis of your ethnicity, religion, political views etc. and your government either cannot protect you, or is participating in said persecution. Example would be if a civil war or genocide broke out in the Bahamas.

As Boiler mentioned - Why can't you go to Haiti? This sounds harsh, but as far as the USCIS is concerned, you'd be safe there - Which would render the need for asylum out of the question.

I don't know your situation, and don't want to discourage you from exploring the option, but do so with solid legal counsel. Also, H1B might be a better route for you.

Edited October 24, 2016 by JayJayH