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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105647
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I wanna apply in the US. I've been here more than one year

Customer Question

I wanna apply for asylum in the US. I've been here more than one year on H1B visa and still am. Considering that I come from a country where apostasy is punished by execution and also gay people are executed,
1- Would it be better that I claim for asylum on the merits of apostasy or coming out as gay recently?
2- Would the combination of both, for example changing religion to Christianity as a result of turning gay help my case, or would it make the whole thing sound fishy?
3- Can it decrease my chances of getting asylum the fact that I'm on H1B visa right now? (The officer thinking that I don't really need an asylum since I'm already working...)
3.5- Is it true that if I have H1B, my case wouldn't be passed to immigration judge if not accepted in the first step?
4- Once the first year of staying in the US lapses, does it matter whether such mentioned cases be brought up after 4 years of legally staying in the US or 6 years? (Considering that the case is brought in reasonable amount of time after it's known.)
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

The big problem is that you have waited longer than a year. Why has that happened? Do you have an extraordinary excuse or reason? Or has there been a significant change in country conditions? And what country are you from?

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Let's go one by one:

1- Would it be better that I claim for asylum on the merits of apostasy or coming out as gay recently?

You can include both reasons.

2- Would the combination of both, for example changing religion to Christianity as a result of turning gay help my case, or would it make the whole thing sound fishy?

Well, you have to be careful because some Christian denominations do not accept homosexuality. So it would look fishy if you changed to a denomination that did not accept homosexuality.

3- Can it decrease my chances of getting asylum the fact that I'm on H1B visa right now? (The officer thinking that I don't really need an asylum since I'm already working...)

No. Not at all.

3.5- Is it true that if I have H1B, my case wouldn't be passed to immigration judge if not accepted in the first step?

It is not true.

4- Once the first year of staying in the US lapses, does it matter whether such mentioned cases be brought up after 4 years of legally staying in the US or 6 years? (Considering that the case is brought in reasonable amount of time after it's known.)

Well, that will be problematic. Of course, you would have to prove the timing of your change of religion and also when you determined that you were gay. If they don't believe that it was all recent, then you would most likely be denied Asylum because of the 1 year filing deadline, but you could be granted Withholding of Removal which doesn't give you Residency, but at least it is protection against deportation.

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 and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello Jacob. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Thank you for your kindness and respect, Jacob. Good luck to you.