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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Currently, I'm a graduate student from Iraq in Tennessee. I

Customer Question

Hello
Currently, I'm a graduate student from Iraq in Tennessee. I have a J1 visa and I have been in US for almost a year. I'm going to stay in US and go to my school for two years and then I must leave. The problem is I have the fear from going back because I'm scared of being persecuted by the millitians becauae of my denomination. I have got many threats since 2006 and I can show them. Also, I can't live in other cities where ISIS is or was. In Kurdish cities, there are very tough racism againt me so they will never let me live in their areas and I can show that also. In addition, the big probelm is that I got married to an American-christian girl that she will be persecuted once she goes with me to Iraq so I will never take her with me or leave her alone. So after that, am I able to get a waiver from 2-years reaidency and get a green card?
Note: I haven't applied for asylum yet since I arrived to US because I had the hope that the situation would get better but it has become wor
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
The situation has become worse*
Also, I don't want to lose my education by affecting on it by asylum. So I want to apply for asylum in the beginning of 2017. The reason of applying in 2017 is that I hope that I can go back with my American wife and live safely plus I'm worried of losing my scholarship which is my dream in this life.
But if nothing of that is gonna happen, then I will go ahead and apply for asylum.
Expert:  Judith replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I would see you being eligible for a waiver of the 212e 2 year home residency rule for two reasons:

3. Persecution:

If you believe that you will be persecuted based on your race, religion, or political opinion if you return to your home country, you may apply for a persecution waiver. This waiver basis requires that you submitForm I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision directly to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution.

4. Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor:

If you can demonstrate that your departure from the United States would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child, you may apply for an exceptional hardship waiver. Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship. This waiver basis requires that you submit Form I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision directly to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of exceptional hardship.

Since the US government takes a special interest in protecting it's citizens from harm in a country with terrorist ideals towards us I think your best petition would be based on #4.

In the event your hardship waiver is denied you can file for asylum despite the 1 year having passed because the situation in Iraq has changed drastically in just the past few months.

Your other option is to file both the J1 hardship waiver and the asylum request now before your one year expires.

In either case you absolutely do not want to do this on your own and want to retain a lawyer with experience in asylum cases. Most of the same evidence for the asylum will be used for the basis of the hardship claim.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
Thank you for your response.
I just need to tell you that I have finished the first year in US because I arrived here on 1st of January 2015. And I want to know if I apply for asylum in the beginning of 2017, will I still be able to get the waiver?The reasons of that are, I don't wanna lose my education and I'm hoping the situation to get better and leave with my American wife
Expert:  Judith replied 11 months ago.

Since you have the one year now, essentially, I would suggest filing the J1 hardship waiver based on #4 and if that fails file the asylum on further deteroriation in Iraq which would cause you persecution.

I am assuming your relations with Iraq government are poor and they would not give you a "No Objection Letter".

Judith

Expert:  Judith replied 11 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith