Posted by: nagarikreport June 3, 2011
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Kalopani mitra
The burden of proof you mentioned is wrong. When the case is with USCIS (DHS), your burden is 10%. When the same case goes to IC, which is DOJ, your burden increases to 50%. By the time case a goes to BIA, your burden becomes 90%.
If you are in F1 and file for asylum, following are the possible outcomes:
1) Asylum granted (you will be an asylee for a year and apply for GC after 1 year)
2) Case referred to IC if you are not in status after you are placed in removal proceedings where you will have the opportunity to get Asylum through the court.
3) Officer suspects fraud, sends your case to IC for case adjudication by the court and terminates you current F-1 status.
If your asylum is not granted in IC, you can go to BIA, and then to the circuit court. Supreme Court rarely gives a shi$$ to these cases.
The burden of proof you mentioned is wrong. When the case is with USCIS (DHS), your burden is 10%. When the same case goes to IC, which is DOJ, your burden increases to 50%. By the time case a goes to BIA, your burden becomes 90%.
If you are in F1 and file for asylum, following are the possible outcomes:
1) Asylum granted (you will be an asylee for a year and apply for GC after 1 year)
2) Case referred to IC if you are not in status after you are placed in removal proceedings where you will have the opportunity to get Asylum through the court.
3) Officer suspects fraud, sends your case to IC for case adjudication by the court and terminates you current F-1 status.
If your asylum is not granted in IC, you can go to BIA, and then to the circuit court. Supreme Court rarely gives a shi$$ to these cases.
Last edited: 03-Jun-11 01:33 AM