I need help

[NigeriaorBust 4,087]

  Chances of getting asylum are small.   It is not a loophole for getting to live in the US.  

[Russ&Caro 1,549]

Could you immigrate to another country, perhaps more easily than the US? Seems like leaving your family behind as you apply for asylum here would be a bit cruel.

[Going through 5,671]

I think the chances of you getting asylum is slim...only due to the fact that for you to have gotten the tourist visa in the first place you would have had to prove you had compelling reasons to return to Nigeria, as well as make sworn statements to that fact.  Now by changing your mind and wanting to file for asylum (and given your statements in your original post), it would appear that you don't intend to go back to Nigeria for any reason, even though your wife and child are currently there, and could presumably appear to USCIS that immigrant intent was the plan all along and you are trying to find a loophole.

 

What is your basis for filing for asylum?  If you share that, we can give more advice on whether you would be eligible and how to go about proving so, if you are.

[Quinton1980 15]

7 hours ago, Marlz1844 said:

 

I went through the asylum process. As with any immigration process, it is exhausting. However, all hope is not lost. Asylum involves a lot of paperwork. The first grounds for asylum is you’ve been persecuted or in well-founded fear of persecution. In doing so, you have to prove that you’re in fear of persecution or have been persecuted based on association with a particular race, religion, nationality, political opinion, member of in a particular social group, or torture convention. To do this, you would have gathered a lof evidence proving association with one of these groups as well extensive proof of persecution. You’d need written affidavit from people or human rights groups who are aware of these issues which prompted you to file for asylum. You must prove adverse country condition. News articles are also helpful.

 

Using myself as an example, I applied for asylum based on my sexual orientation; I am gay. In my country, you can be killed for being gay. It was well documented, and it is illegal to be gay in my country. I was chased by a mob and almost got killed, and my mom written affidavit served as evidence to that. Several human rights groups have covered the adverse conditions for gay people in my country. The preparation took a very long time. When I went to interview, my written affidavit was almost 100 pages, and I had two other binders with evidence and newspaper articles. I am a US citizen now.

 

There has been recent news that newer asylum cases will be processed first. If you’re denied at the hearing, you will be sent to immigration court where a judge will decide if you qualify. This process can take a very long time. My friend had to wait nearly two years after attending the hearing to get a date with an immigration judge. He was eventually granted asylum. Oh btw, he also applied for asylum based on sexual orientation.

 

My suggestion to you is to do your research. There are many not-for-profit agencies out there with well-qualified lawyers to help. If you decide to do it, I suggest looking into a pro-bono attorney. You can apply for derivative asylum for your wife and children with you are granted asylum. I had 3 attorneys worked on my asylum, all of which are from one of the biggest law firms in the US. I did not have to pay them; they were pro-bono. Goodluck.

So glad you got out!

[Sunnyland 639]

2 hours ago, Going through said:

I think the chances of you getting asylum is slim...only due to the fact that for you to have gotten the tourist visa in the first place you would have had to prove you had compelling reasons to return to Nigeria, as well as make sworn statements to that fact.  Now by changing your mind and wanting to file for asylum (and given your statements in your original post), it would appear that you don't intend to go back to Nigeria for any reason, even though your wife and child are currently there, and could presumably appear to USCIS that immigrant intent was the plan all along and you are trying to find a loophole.

 

What is your basis for filing for asylum?  If you share that, we can give more advice on whether you would be eligible and how to go about proving so, if you are.

 

Like we all know, Nigeria is a tough country to get a US tourist visa from.  I do wonder how he got it.

OP, what was the reason of your visit to US? Traveling? Visiting friends? What made you decide suddenly that you can apply for asylum?  

[SusieQQQ 11,587]

21 minutes ago, Sunnyland said:

 

Like we all know, Nigeria is a tough country to get a US tourist visa from.  I do wonder how he got it.

OP, what was the reason of your visit to US? Traveling? Visiting friends? What made you decide suddenly that you can apply for asylum?  

I’m personally more interested in what basis he has to claim asylum. Clearly not gay with a wife and kids. As has been said before he needs a very clear and well articulated case to be successful. It’s good to hear there are pro bono lawyers out there, presumably being pro bono they will also require a good case to work with.

[Going through 5,671]

7 minutes ago, SusieQQQ said:

Clearly not gay with a wife and kids

On an aside....my old employer was married for over 20 years with a kid, got divorced, then came out of the closet.   Probably not the case with the OP, but yeah it can happen.

[Sunnyland 639]

@Going through It happens every day. There are many closeted gays with wife and kids. To each their own. We need to hear it from the OP. If he feels fine with telling his part of the story so VJers can  provide him with a good advice.

[SusieQQQ 11,587]

56 minutes ago, Going through said:

On an aside....my old employer was married for over 20 years with a kid, got divorced, then came out of the closet.   Probably not the case with the OP, but yeah it can happen.

I was basing it more on the fact that he wants to bring his wife with than on the mere fact of her existence. You can’t claim asylum for being gay then bring an opposite-gender spouse!

Edited April 6, 2018 by SusieQQQ

[Marlz1844 36]

22 hours ago, Boiler said:

He has a wife and children

That does not change my response. He cans till have wife and kids and still get asylum. I used myself as example to show that belonged to one of those groups.

[Boiler 45,932]

48 minutes ago, Marlz1844 said:

That does not change my response. He cans till have wife and kids and still get asylum. I used myself as example to show that belonged to one of those groups.

They will however be somewhat suspicious if he claims LGBTQI+

[Marlz1844 36]

2 hours ago, Boiler said:

They will however be somewhat suspicious if he claims LGBTQI+

Read the post, gawd damn it! No one is telling him to claim LGBTQ. Geez!  I used myself as an example to demonstrate that I was persecuted being a member, and the LGBTQ would be considered a social group. Read the following line from my original post and it will bring things into perspective:

 

"The first grounds for asylum is you’ve been persecuted or in well-founded fear of persecution. In doing so, you have to prove that you’re in fear of persecution or have been persecuted based on association with a particular race, religion, nationality, political opinion, member of in a particular social group, or torture convention. To do this, you would have gathered a lot evidence proving association with one of these groups as well extensive proof of persecution.. Using myself as an example, I applied for asylum based on my sexual orientation; I am gay. In my country, you can be killed for being gay. It was well documented, and it is illegal to be gay in my country."

[Boiler 45,932]

He is from Nigeria, if it is not LGBTQI+ then what?

 

Now admittedly I have no personal knowledge of the area, have a friend who worked there for a number of years and from what I can gather those claiming asylum in the UK do so on that basis. Well seems to come up a lot when looking to avoid deportation.

[SusieQQQ 11,587]

3 minutes ago, Boiler said:

He is from Nigeria, if it is not LGBTQI+ then what?

 

 My thinking too. Plus having some idea of what he’s claiming asylum for (whether that or something else) would help people here to give him more solid advice, however he seems to have disappeared anyway.

Edited April 6, 2018 by SusieQQQ

[Boiler 45,932]

Perhaps he was looking for a reason?