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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94751
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Dear Sir, Im in such a dilemma I cant solve before of

Customer Question

Dear Sir,

I'm in such a dilemma I can't solve before of my current situation I really hope you could give me a valid opinion based on your extensive experience.

I'm Syrian National arrived in the USA with B2 VISA. the visa was issued from U.A.E. where I had work permit.

as you know the situation in Syria is horrible and civil war is raging. my hometown in Syria has daily clashes between various factions and I am wanted for deserting the military service over there.

last time I visited the country was more than 7 years ago and I left briefly after I was detained there for speaking in public about corruption and inhuman treatment of citizens.

my passport is going to expire soon and the embassy is refusing to renew it demanding that I go to Syria and get a security clearance first which would only means me being detained the moment I sit foot in the airport.

number of my friends have already been arrested some of them are still detained and the rest have been released but with travel ban.

I'm really afraid that if i apply for asylum and the application is refused I will be sent back to Syria or to UAE where I will be deported to Syria eventually.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


I'm not sure I understand your question. You are asking if there are other options besides Asylum to stay in the U.S.? How long have you been in the U.S. this trip? What level of education do you have? Do you have a job offer? Doing what?
Customer: replied 1 year ago.

I am basically asking, if my Asylum application will have good chance of approval.


 


 

Customer: replied 1 year ago.

Thank you for your swift response,


 


I'm in the US for a week now, and this is my first time to visit the US.


 


as for education, I was doing a Bachelor degree in Business unfortunately I couldn't finish it back then and started working since 2007 in Marketing and Sales.

Customer: replied 1 year ago.

please note that I was working in UAE and things were going fine. but the refusal of my passport renewal forced me to take such extreme measures and come to USA asking for asylum.


 


passport expires and embassy is refusing to renew it simply to force me to go back to Syria so they could detain me on sight if not welcome me with some sticks and punches before throwing me into some dark room in some concentration camp !

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
So at this point you do not have a bachelors degree nor three years of experience in the field of Business for each year that you are missing in that degree, correct?
Customer: replied 1 year ago.

actually I have been working since 2008 now.. so that is 5 years of experience.


 


I dont understand though, would the job experience matter in granting an asylum !

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, that's the thing. Are you asking for alternatives to Asylum? If you are, then how many years did you go to school or the bachelors degree? How many years are you missing to finish? If you are only asking about Asylum, are you specifically being targeted or could you be targeted? And why?
Customer: replied 1 year ago.

exactly, my main concern is applying for asylum.


and yes I'm being targeted for speaking in public and for publicly denouncing the policies of repression in there which resulted in threats from regime related people who reported my name to authorities in Damascus


 


of course if I am in Syria when I denounced the regime, you would've seen me sending you this now. anyhow, that is the first reason.


 


the second reason is that I refused to be drafted into the army which is killing civilians. therefore, I will be taken court martial if I set a foot there.


 


last but not least. the embassy's refusal to renew my passport and demanding me to go to Syria for security clearance which means I have to go to an intelligence branch there which would be suicidal in my case even to sit foot in the country. not mentioning the intellegence branch.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry about the delay in getting back to you. I was getting ready to go out for dinner and I'll be leaving now for dinner but I will be back later if you had additional questions.


For Asylum, you will have to file an I-589 before you have been in the U.S. for 1 year. If you file after, you most likely will be denied Asylum and will have to try the harder Withholding of Removal. For Asylum you will need to prove that you would be targetted for persecution because of your race, religion, nationality, social group or political opinion. Here is a link:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f39d3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=f39d3e4d77d73210VgnVCM100000082ca60aRCRD


I strongly recommend that you hire an attorney to do your paperwork for you and put together your evidence. Your first chance is your best chance before an Asylum Officer. If it goes before an Immigration Judge, it becomes much harder. You can look for an attorney at

www.ailalawyer.com



Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.

Dear Guillermo,


 


after the details I mentioned regarding the situation in Syria and my situation in particular isn't that considered as persecution ?


 


you are telling me information which I already know, my Question again is " do I have good chance in getting my Asylum application approved after the details I mentioned to you ? "


 


I simply can't go back to Syria because I will be arrested for denouncing the government there in public and deserting military service which If I do accept I will forced to participate in violence against civilians population as well as torture.


 


waiting for your reply !


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Of course you have a chance and I think you have a good chance if you can prove everything you say. But each case is different, you may get a good or a bad Asylum Officer or you may get a good or bad Immigration Judge. The only statistic I can point you to is here:

 

http://www.justice.gov/eoir/efoia/FY12AsyStats-Current.pdf

 

In 2012, 148 asylum applications were filed by Syrians and only 37 were granted. Now that may have changed in 2013, but those statistics around out yet. So the best thing you can do is find an attorney to help you because as I said, your best chance is your first chance.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

 

Customer: replied 1 year ago.

Thank you, XXXXX XXXXX taken a look to the link you provided and the information are useful.


 


yet, you've mentioned that I need to prove what I'm saying.


 


now, I can prove that embassy is denying me from renewing my passport and I can prove that I'm wanted for military service.


 


would that be sufficient ?


 


also, in case my asylum is denied ! will I be deported ?


If I go there I will be tortured if not killed. what would be my other chances ?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. You have to prove that those that would persecute you know of you or will easily find out about you and that you will be persecuted as result. You need to prove all elements of the Asylum claim. I hope you do use an attorney. Don't try to save money by not using an attorney. Take out a loan if you have to. According to what you are saying, this is your life at risk. If you do not use an attorney, an Asylum Officer could see that as that your life isn't truly at risk if you aren't willing to spend the money on an attorney. I'm not saying that you require an attorney to win. You do not, but if your life is truly at risk, I think you would use one.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94751
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 5 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

of course, I will definitely use an attorney.


however, I'm thinking how can I prove to the US authorities that I will be persecuted once I land in the airport in Damascus.


 


I mean, with the civil war raging over there, it is so easy of killing somebody and even easier even he is a conscript. they will simply blame it on the opposition fighters.


 


also, there is the Temporary protection status which the US authorities included the Syrians under be considered at least?


please put into consideration that my passport will expire and my home country is in Civil war not mentionin that I'm wanted... :S isn't all this enough ?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That's what you use an attorney for. The attorney will collect the evidence needed to prove what needs to be proven.

 

And what you are saying in your statement should be enough but you have to prove it!

 

As far as TPS, you have to prove you were in the U.S. since June 17, 2013. Here is a link:

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3863068d9c456310VgnVCM100000082ca60aRCRD&vgnextchannel=3863068d9c456310VgnVCM100000082ca60aRCRD

 

Also, to get you started with your proof, here is a link:

 

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper

 

Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.

Customer: replied 1 year ago.

Thank you again for your most appreciated help,
unfortunately, I wasn't in the US since June 2013. therefore, the TPS isn't an option for me.

Now since I can't go back to Syria, could you please tell me, in case I hire an attorney and the case is denied. what options will I still have?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You will still be able to appeal the decision and an appeal takes 6 months to a year or more. So you will have plenty of time in the U.S. Even if you lose the appeal, the chances of you being picked up and deported are small as long as you have no crimes. The U.S. is short on money and it takes money to detain and deport people. So they are focused on those that have crimes. It doesn't mean you are 100% safe, but it means that to them you are not a priority. Take a look at this link:

 

http://www.ice.gov/doclib/news/releases/2010/civil-enforcement-priorities.pdf

 

 

Customer: replied 1 year ago.

got it .... thank you again... can you please tell me the estimation for hiring an attorney for this case ?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Probably around $3000 or so. It isn't cheap, but it is worth it.
Customer: replied 1 year ago.
will there be any extra fees apart from 3000$ ? of course it worth it. although I have to be very careful since I dont have income now
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No USCIS fees, but you need to check with the attorney about his or her fees. I'm sure it will not include an appeal.
Customer: replied 1 year ago.
great, thank you..one last thing and I really need your help in this.Male citizens of Syria are subject to compulsory military conscription from the age of 18 years. In March 2011, President Assad issued a decree lessening the mandatory army conscription from 21 months to 18 months.121 This was seen as an attempt to appease discontent among young Syrians, who resented the withholding of food aid from families whose members escaped conscription, and frequent random ID checking.122 For the Syrian Arab Navy, the minimum service obligation is for eighteen months. Women are not subject to conscription, but can volunteer to serve. The obligation to perform military service is based upon the 1953 National Service Act.Conscientious objection to military service is not legally recognised in Syria, and there are no provisions for substitute service. The Syrian government reportedly has stated that there have been no known cases of conscientious objection in Syria.127 Penalties for draft evasion are dependent on the circumstances, and range from one to six months imprisonment, up to five years. Military desertion is punishable by five years imprisonment or by five to ten years if the deserter has left the country.This is only one of the persecution fears I have. wouldnt this be considered as legitimate reason based on your experience ?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes, it is possible to win an Asylum case like that, but it really is time for you to get your own attorney to represent you and prepare the best case possible.

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