Need Guidance

[namelessness]

Dear Members,

I am in removal proceedings and my master hearing is coming up in a few weeks. I entered the country with F1 visa but stopped going to school at sometime and lost my status. I hear that once you lost your non-immigrant status, you cannot get it back... especially at this time when I am in removal proceedings. I do not have money to discuss my case with a lawyer and ones who provide free consultation only tell you that they can solve your problems if you "retain" them. Anyways.... I have not committed any crimes and when homeland security arrested me, they released me on my "recognizance."

1. What should I expect at the hearing? Would the judge order me be deported?
2. What can I do to buy time to get an attorney?
3. I want to apply for asylum but I don't want to do it on my own without an attorney's help. Is it possible to do it without an attorney?

Thank you for your help in advance.

[cupcake]

Do you have any US citizen family members or are you married to a US citizen?

You need to discuss your case with a good attorney. That is very important. Many attorneys do not charge for an initial consultation. But, because you are exploring filing for asylum, it complicates your case.

Please read this very basic USCIS page about asylum. http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

In most cases, you must apply for asylum within a year of being in the US. You will see this in the article. I don't know the special circumstances outside of one year that count, so this is where talking to a good immigration attorney will be very helpful. It is true that attorneys may not be able to "solve your problems" without hiring them, but a good immigration attorney can give you insight on what options are good for you and what will make things worse.

Also, filing for asylum to avoid being removed and not having good grounds for filing asylum is another reason to talk to a good immigration attorney. If you can file for asylum now and if a judge finds your asylum claim frivolous, it can affect your ability to gain immigration benefits in the future. A frivolous asylum claim requires things like "deliberate fabrication" among other things, but just know it is serious.

The judge will most likely order you to leave the US and you may request voluntary departure so it does not count as a deportation against you, but you must adhere to the conditions of VD so you have less trouble trying to come back to the US at another time.

If you have a US citizen family members that you can try to adjust status through (not all family members count), that might be a good idea, but again, you should consult with a good attorney about this. You can see my signature for board member recommended attorneys. They may not be local to you, but should be able to give you sound advice.

[namelessness]

Do you have any US citizen family members or are you married to a US citizen?

You need to discuss your case with a good attorney. That is very important. Many attorneys do not charge for an initial consultation. But, because you are exploring filing for asylum, it complicates your case.

Please read this very basic USCIS page about asylum. http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

In most cases, you must apply for asylum within a year of being in the US. You will see this in the article. I don't know the special circumstances outside of one year that count, so this is where talking to a good immigration attorney will be very helpful. It is true that attorneys may not be able to "solve your problems" without hiring them, but a good immigration attorney can give you insight on what options are good for you and what will make things worse.

Also, filing for asylum to avoid being removed and not having good grounds for filing asylum is another reason to talk to a good immigration attorney. If you can file for asylum now and if a judge finds your asylum claim frivolous, it can affect your ability to gain immigration benefits in the future. A frivolous asylum claim requires things like "deliberate fabrication" among other things, but just know it is serious.

The judge will most likely order you to leave the US and you may request voluntary departure so it does not count as a deportation against you, but you must adhere to the conditions of VD so you have less trouble trying to come back to the US at another time.

If you have a US citizen family members that you can try to adjust status through (not all family members count), that might be a good idea, but again, you should consult with a good attorney about this. You can see my signature for board member recommended attorneys. They may not be local to you, but should be able to give you sound advice.

First of all, I wouldn’t apply for asylum just to avoid deportation. I would be committing fraud or whatever. Second, I thought I was going to finish my school and get some kind of job to stay in the country. Obviously, things did not pan out that way and I am where I am. Therefore, the asylum. I do genuinely fear returning to my country and I know that I will face extreme hardship as I have no way to support myself.

My question is: can I tell the judge that I plan on filing for asylum but I do not understand the process and don’t have the resources to hire an attorney. Would he give me an extension until next hearing? Or am I gonna have to take my i-589 application with me?

Of course, if I were married or had a family member, I would already have gone that route.