Tourist Visa

[DA91450 19]

My mother in law has a tourist visa that will expire 03/2019. She wants to come in november and stay and do asylum. Given the proximity of the expiration of her visa and entrance, will the Immigration officer deny her admission at the POE? Also, she is wondering if she applies to re-extend, she is worried they will reject her. If they do, can she still travel on the visa expiring in March 2019 or will they cancel everything? http://www.visajourney.com/forums/forum/143-tourist-visas/?do=add#

[TNJ17 1,329]

You don’t apply for a tourist visa extension. You apply for a new one. I’m not sure if entering on a tourist visa and filing for asylum falls under the fraud category. I think she has to apply for asylum before getting in the country. 

[kris&me 572]

Actually she can but there are pitfalls due to the proof she needs asylum / not easy to get 

i would read the following article 

 

https://www.pbs.org/newshour/politics/seeking-asylum-in-the-u-s-under-trump

[Free Man 119]

She can within 12 Months of her entering  the US. However, it's a risky adventure. USCIS is now interviewing applicants based on ''LIFO'' rule. 90% are rejected.

Yes B1/B2  can be extended but it may take between 5-8 months, However, if the request is denied, the unlawful present starts the day your status ends. Again, the approval rate is less than 5%

Edited August 26, 2018 by Ras Ous

[JFH 12,191]

From Egypt? What would be the basis of her asylum claim? The burden of proof is very high for such cases. Why not wait until your fiancé has citizenship (three years after green card approval she will be eligible to apply, assumimg you are still married) and then file for an IR-5 visa for her? 

[SusieQQQ 11,587]

15 minutes ago, Ras Ous said:

 However, it's a risky adventure. USCIS is now interviewing applicants based on ''LIFO'' rule. 90% are rejected.

 

I don't know about the % numbers, but they are definitely reviewing latest cases first in an attempt to clear frivolous cases from the system and reduce the backlog. 

 

As others have said, there are considerations of visa fraud and burden of proof. When she enters, and the CBP officer asks her purpose of entry, is she going to be truthful and say she intends to claim asylum?

[Crazy Cat 42,046]

@JFH has given you very good advice here.  The path of least resistance would be to wait.

[Unlockable 7,315]

10 hours ago, DA91450 said:

My mother in law has a tourist visa that will expire 03/2019. She wants to come in november and stay and do asylum. Given the proximity of the expiration of her visa and entrance, will the Immigration officer deny her admission at the POE? Also, she is wondering if she applies to re-extend, she is worried they will reject her. If they do, can she still travel on the visa expiring in March 2019 or will they cancel everything? http://www.visajourney.com/forums/forum/143-tourist-visas/?do=add#

You need to seriously rethink your plan. First, and foremost it is fraud. Second, asylum is very hard to get. As others have mentioned, she needs to prove she has good reasons for asylum. She can't do it, just because she wants to.

 

Her best course of action is to wait until you are eligible to file for her. Otherwise, she is simply getting into a legal battle with the government.

[Roel 7,193]

So what's her reason for asylum?

[CEE53147 559]

Asylees qualify for welfare benefits that other immigrants do not.  A sponsor of a parent has to actually commit to supporting the immigrant.\

 

 

[WeGuyGal 1,052]

16 hours ago, DA91450 said:

My mother in law has a tourist visa that will expire 03/2019. She wants to come in november and stay and do asylum. Given the proximity of the expiration of her visa and entrance, will the Immigration officer deny her admission at the POE? Also, she is wondering if she applies to re-extend, she is worried they will reject her. If they do, can she still travel on the visa expiring in March 2019 or will they cancel everything? http://www.visajourney.com/forums/forum/143-tourist-visas/?do=add#

That's not what a tourist visa is for.

 

Asylum is for those who fear their safety/life is at risk if they return. If your mother can wait till a future time to travel to the US, that implies her safety is currently not at risk, thus invalidating any asylum claim. 

[SusieQQQ 11,587]

4 hours ago, CEE53147 said:

Asylees qualify for welfare benefits that other immigrants do not.  A sponsor of a parent has to actually commit to supporting the immigrant.\

 

 

That’s a rather cynical take on the question!

of course the flip side is that if the claim is found to be frivolous, the applicant presumably gets deported and gets the B visa cancelled?