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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5220
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Can i see asylum if I was brought here when I was younger by

Customer Question

can i see asylum if I was brought here when I was younger by a family member because they killed my mother back in my home country where. I was 2 years old ,, the family member brought me to the United states but never filed for.me because they just abandon me over friends and people's houses was never granted legal staus ,, now want to know if I can apply for legal status with aslyum because they killed my mother because of her Christian believe. .
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 month ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Expert:  Jen Marie, Esq. replied 1 month ago.

You are always free to apply for asylum. However, the difficult part is winning the case. You are supposed to file for asylum within one year of entering the US. You can definitely try to make a case that you fear for your life because your mother was killed and that there are special circumstances why you never applies for asylum before. Depending on the proof that you have of what happened to your mother and that your life is also in danger now still then that depends if you will get approved. Again, even if you are not approved later, there is nothing to stop you from applying. Anyone that fear returning to their home country can submit the application I-589 and see what happens. It takes years to get an interview but you can apply for a work permit after the application is pending for 5 months or more.

Good luck to you and I hope this answer has helped you!

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Customer: replied 1 month ago.
I'm currently here on TPS and traveling back to Haiti on AP to see my father and when I get back into was going to apply ... but being that I was in the country for 15+ years I don't know if I qualify. .
Expert:  Jen Marie, Esq. replied 1 month ago.

Well if you are still traveling to your home country and nothing has happened to you then it will be very hard to prove that your life is in danger. It doesn't mean that you cannot try, you still can, but I will be honest with you, it will be hard to win.

I'm sorry I wish I had better news. I hope you can rate me based on my consult and not if it's good or bad news.

Please kindly remember the rating. Safe travels I hope your father is safe with the hurricane.

Customer: replied 1 month ago.
woow okay I understand ,, I JUST NEED A LITTLE ADVICE ON MY IMMIGRATION STATUS I DON'T KNOW WHAT BENEFIT I QUALIFY FOR OR UNDER ..,, I WAS BROUGHT HERE BY A AUNT OF MINES WHEN I WAS 5 YEARS OLD BUT SHE NEVER APPLIED FOR LEGAL STATUS FOR ME OR ADOPTED ME ,, I'M CURRENTLY UNDER TPS {haiti} IM CURRENTLY MARRIED TO A US CITIZEN BUT HE CANT PETIITON FOR ME BECAUSE HES A REGISTERED SEX OFFENDER .... PLEASE HELP ME WITH SOME LEGAL ADVICE ON ANYTHING THAT'S POSSIBLE TO HELP CHANGE MY STATUS ??
Expert:  Jen Marie, Esq. replied 1 month ago.

I understand and I'm so sorry. I know it's a very difficult time now with the ending of TPS for Haitians. I ask you kindly to understand that I must be honest with you and sometimes there are no options under the law. I cannot make something up. I hope you can understand that.

In your case it sounds very difficult to do anything right now due to the fact your husband cannot petition you. If your husband could petition you then you could apply directly for a green card. Marrying someone that can petition you would be the only way. The only other way would be if you have a child then when they turn 21 they can petition you.

You can definitely try with the asylum case but just keep in mind that if you try and get denied, you will end up in deportation court so there is a risk.

There is no other way under immigration law right now. Trust me if there was, I would be the first that would love to tell you.

I'm sorry again. I hope you can understand that I don't make the laws and can't change them. I hope you can rate me based on my service.

Customer: replied 1 month ago.
I UNDERSTAND CLEARLY AND THANK YOU FOR YOUR HELP ..... THE ONLY OPTION I WAS GONNA GO FOR WAS VAWA.. BEING THAT MY HUSBAND WAS ARRESTED FOR MENACING ME AND ALSO VIOLATIONS OF HARASSMENT I CURRENTLY HAVE A ORDER PROTECTION AGAINST HIM AND CURRENTLY IN COUNSELING FOR VERBAL ABUSE FROM HIM ,, I DONT KNOW IF I HAVE A SHOT AT VAWA PETITION ???
Expert:  Jen Marie, Esq. replied 1 month ago.

Yes, that is definitely a viable option. You didn't mention that you had issues with him of abuse with him or I would have suggested this. Yes, you definitely have a shot against him. You can try to file I-360 with all the proof you have. If it gets approved then you can file the I-485 for your green card after.

Hope this has helped and hope you can kindly leave a positive rating.