Frivolous cases you've heard of

[Timona 4,207]

A 30+ years old friend of a friend is currently claiming asylum based on FGM. First of all FGM is nearly non-existent in Kenya. I've not heard about it in a long time. Secondly, it used to be done to young girls/ pre-teens. 

 

That being said, I wonder how a 30+ years old is gonna convince a judge that her life is in danger because of FGM. She just got here on B-2 last year. She's been safe all this while in Kenya up until she set foot on American soil. SMH. 

 

Sometimes I wish I was a judge or USCIS officer. Such cases would be getting denied as soon as proceedings opened. I'll wait for you to introduce yourself and tell me the story. As soon as you're done, I close the case. 10 mins tops. 

 

What frivolous asylum cases have you heard? Or any case in general 

[TBoneTX 45,284]

This potentially interesting thread is moved from Off Topic to General Immigration Discussion (pertains to immigration).

[Crazy Cat 41,845]

When an asylum case like this is filed, is the applicant granted authorized stay or TPS until the case is heard in court?

[Timona 4,207]

Honestly, I have no idea. 

[Boiler 45,486]

Short version

Apply for EAD after 5 months

Then you have your USIS interview, I have seen people still waiting after 10 years, some seem to get interviewed within 2 years

Assuming denied them Immigration Court, Master Hearing then individual hearings which can take many many years. I saw somewhere that some courts are booking 2036, also success rates seem to vary so people move to the Courts with the highest pass rate 

 

In the meantime find a USC to marry

 

There are FGM cases in the UK btw

 

[SalishSea 17,827]

3 hours ago, Timona said:

A 30+ years old friend of a friend is currently claiming asylum based on FGM. First of all FGM is nearly non-existent in Kenya. I've not heard about it in a long time. Secondly, it used to be done to young girls/ pre-teens. 

 

That being said, I wonder how a 30+ years old is gonna convince a judge that her life is in danger because of FGM. She just got here on B-2 last year. She's been safe all this while in Kenya up until she set foot on American soil. SMH. 

 

Sometimes I wish I was a judge or USCIS officer. Such cases would be getting denied as soon as proceedings opened. I'll wait for you to introduce yourself and tell me the story. As soon as you're done, I close the case. 10 mins tops. 

 

What frivolous asylum cases have you heard? Or any case in general 

Timona, are you new here? 😉

[.yana 597]

3 hours ago, Timona said:

What frivolous asylum cases have you heard? Or any case in general 

The most recent one: family I know is applying for EB-1a claiming that the husband is a world-known scientist (which he is not so I assume that all of the "proof" is fabricated - I didn't ask questions nor was I interested in hearing their fake story but it baffles me that it's even possible). 

[powerpuff 6,697]

Most asylum cases I’ve heard of among friends of friends and acquaintances have been fabricated. People will go great lengths to stay here at all costs 

[.yana 597]

13 minutes ago, powerpuff said:

Most asylum cases I’ve heard of among friends of friends and acquaintances have been fabricated. People will go great lengths to stay here at all costs 

I haven't heard of many in my circle but the few I have were all fabricated.

 

That said I know about a lot of people from former Soviet Union countries who have legitimate asylum cases (I don't know them personally but it's mostly political activists, bloggers, etc.). 

[Timona 4,207]

1 hour ago, powerpuff said:

Most asylum cases I’ve heard of among friends of friends and acquaintances have been fabricated. People will go great lengths to stay here at all costs 

 

Eg? 

Any successful ones? 

[powerpuff 6,697]

1 hour ago, .yana said:

That said I know about a lot of people from former Soviet Union countries who have legitimate asylum cases (I don't know them personally but it's mostly political activists, bloggers, etc.). 

True! Actually remembered 2 cases that were based on LGBTQ, those were real as far as I know 
 

3 minutes ago, Timona said:

 

Eg? 

Any successful ones? 

based on political stuff (opposition) and also sexual orientation claims, they’re pending last time I heard 

Edited May 30, 2023 by powerpuff

[Boiler 45,486]

Another way of looking at this would be taking what you know how difficult would it be to put together a case?

[Family 3,988]

7 hours ago, Timona said:

old friend of a friend

 

7 hours ago, Timona said:

you're done, I close the case. 10 mins tops

With friends like that…who needs enemies 😂

[Imperium 81]

6 hours ago, Crazy Cat said:

When an asylum case like this is filed, is the applicant granted authorized stay or TPS until the case is heard in court?

No, 8 CFR Section 208 regulates asylum procedure in administrative claims, Section 1208 regulates defensive claims in EOIR. Section 208 requires that an application for asylum must have been pending for 150 days before an EAD can be applied. 

[Imperium 81]

24 minutes ago, Imperium said:

No, 8 CFR Section 208 regulates asylum procedure in administrative claims, Section 1208 regulates defensive claims in EOIR. Section 208 requires that an application for asylum must have been pending for 150 days before an EAD can be applied. 

As for her claim, she only needs to show likelyhood of FGM being practiced in Kenya. Gov will be guided by the State Department Country Report on Kenya. It states "According to UNICEF, despite the legal prohibition of FGM/C and progress made by the government in eliminating the practice, myths supporting the practice remained deeply rooted in some local cultures. UNICEF estimated 21 percent of adult women ages 15 to 49 had undergone the procedure some time in their lives, but the practice was heavily concentrated in a few communities, including the Maasai (78 percent), Samburu (86 percent), and Somali (94 percent)."

 

UK Home Office published a report that on page 51, details FMG prevelance and cites data.

 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/993220/CPIN_Kenya_FGM_10.06.2021.pdf

 

These documents, when presented to an IJ, are sufficient to warrant a grant of approval, however, when did she arrive in the US remains a deciding factor in her case.