I applied for asylum and got interview on April 2010. When I went to pick up my decision in two weeks, they told me that I will get the decision by mail. They also told me that it can take any length of time. My wife, children,and myself were not sure what will be the our future in US since we are in student visa that is expiring soon.  Our interview went fine! so  Doyou guys have any similar situation. How long do you think that it will take to get decision. Do you think that I can get an approved decision? What are my choices if my appeal got rejected?


Thanks

Shuva

Any suggestion will be greatly appreciate!!!!

Hello Mr RRR,

that is a good advice drpepper. this does not apply to this thread but i have a question for you. do you know anything about Nepali asylum cases for i730 and i485 being held for reasons such as "material support". i know two people both Nepali congress members and never provided material support but their cases are on hold indefinitely. their lawyer says most Nepali congress affiliated cases are on hold right now. while researching for them i found several other Nepalis in california ,texas etc who are on the hold.  while they can remain here with work permit their family can not join them and no one knows for how long. any idea about this matter? 

Thank you Drpepper. it helps to understand the procedures but I am here with OPT that expire soon but my wife has f1 visa until next two years. Do you think we should  keep our status or Should  I apply for work permit.

Thankx again

hi, my two cents too!
you should know this is not a legal advice. i am merely forwarding what i have seen and heard as a silent observer during my stay here. you should hire a legal rep right away.

if they hand you a letter like you said, then it is likely you knowingly or unknowingly mentioned somewhere in your statement or implied in the interview that you provided some kind of material support to some political parties, especially maobadis and khaobaadis. such a scenario triggers the patriot act which requires high level clearance for such cases. it might take years to come to this decision. until recent past, the only way forward was to stay in limbo (u can't call that forward, can u?).

i read in some online news site that nepali congress too is categorized under this category as it had taken up arms way back in the past it seems. so any affiliates who worked with nc also are affected. there have been cases where the applicant falls under a case of material support but have no convincing proof or statement to point out genuine fear of persecution. such cases are likely diverted to the immigration judge.

its a complex web of regulations u live in. hire a lawyer paat!

Kilo, yes i know several Nepalis who are on the hold. do you know any kind of waiver or anything they can do to get out of hold soon? they were Nepali congress members.

Well I was with NSU not NC. Does it make difference?

nsu , even worse .. but it all boils down to your luck some are lucky some get held. anyone knows about the hold, how long etc ?

of the million and plus websites on the net, this link is one of the few that will explain in simple terms what material support is and what developments have been made with regard to the legislative-cum-executive waivers.

the link: http://www.rcusa.org/index.php?page=refugee-waivers

another equally valuable resources for it can be found at: http://www.humanrightsfirst.org/asylum/torchlight/newsletter/newslet_61.htm

once you are in that website, follow the appropriate deep link. human rights first is one organization that i know about which has tried endlessly to mitigate the effect of material support, including specifically for some nepalis. you can sign up for monthly updates through their newsletter.

it even offers pro bono services under certain circumstances.

am a curious reader and you should know that these are just resources that i know of as a voracious reader of news, views and developments. i have no clue as to the overall process and stuff like that. anyone interested in the process should consult the uscis website where there is lot of helpful information. in the heat of someone's success, it is easy to oversee the dangers of legal loops. if i were you, i would hire a legal help.

material support was a provision defined by the legislators to bar anyone who supported in any imaginable way to overthrow a government, through the all-catch act called the patriot act, from getting entry to the US.

i first came to know about this in an NYT article about a Liberian lady who was asked to cook and wash for the rebels, and then this thugs later raped her and gave her untold misery. yet, she was not granted asylum at the time as the legalities did not spare any room for maneuver. she too had formidable merry-go-round-the-legal-hearings in the US.

after a huge amount of criticism from all possible quarters, thanks to the work of Human Rights First, the US govt came forward with a piecemeal approach that is still highly selective in how a reprieve or a waiver is granted and was embedded in a 2008 Omnibus Budget Bill by (i think) senator Leahy of Vt. and sympathizers as a bargaining ploy to support Bush on his budget bill! Give us this concession or we won't support your budget bill! thought it happened only in nepal? wrong!

i think it was washington post that first broke a story about how an iraqi soldier who fought alongside the US troops was denied a green card due to material support issues as he had earlier supported forces trying to overthrow saddam! when the legislators knew about this, of course the soldier's concerns were handled separately.

so friends, if you think that asylum is just about throwing a bunch of papers to the uscis and staking a claim through imaginary persecution at home, think twice! if you are lucky, you will smile, if not the parting, unlike in julius caesar, is not "well made"! once you are caught up in a legal limbo, you will feel that you would have been happier growing millet somewhere around solukhumbu and sleep in a jhopadi, with all the peace of mind! or eat momos in kathmandu rather than slug in a gas station without happiness and uncertainty nibbling your conscience.

and if you are a politician, good luck, as that is a scenario that will take you down the spider hole even deeper! wider the connections, stickier the muck you are in! good luck!

if i were you and a student at that (like i am) i would work twice as hard, apply for work 10 times harder like i did, sharpen my skills 100 times than the usual kid, and get a job, even in this odd times! cos some real hardworking folks have succeeded in doing just that and stay away from a legal situation whose outcome is uncertain.

all said and done, am not a legal consultant..am just a grad student trying hard to make my ends meet!
good luck guys!

Mr RRR,

Well Said kailo, Some of the Nepalis don't know what they are getting into. If you are held on this hold it often takes years, some are even waiting for 10-11 years for you to get a green card or bring your families with you. and nobody knows how they place holds, for example leader of Nepali congress gets approved while a member gets hold indefinitely. I know some Nepalis who did not provide any material support. even stated on the story that they did not provide any kind of support to the blacklisted party but they are still on hold... i see a lot of students in this forum asking if they can file asylum.. i would say, think many times before you do that and hire a good lawyer before you do.. kailo is right , your life will be hell..

Freaking cheap Nepalese always trying to get green card and asylum

Freaking cheap Nepalese always trying to get green card and asylum, why don't they just try to develop their own country rather than wasting time here searching for green-cards and asylum thang.

thanks for your input guys!

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