Asked in Immigration Law for California

Q: My questions related with regard of Visa to us and asylums

I applied for asylum two months ago and due to emergency situation with family and my case I been forced to leave us and didn't have a chance to come first interview. My questions:

1. Can I get Visa to usa at this case

2. Will I be able to reinstate my application

3. If I can't reinstate my application can my husband apply for asylum

4. If I can't get Visa to USA are there a chance to have interview in my home country, if yes how could I do

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2 Lawyer Answers
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: 1. It is possible to get a visa to come to the US; the problem is nonimmigrant visas are for temporary visits, and by applying for asylum you’ve signaled your intent to stay in the US.

2. If you leave the country after applying for asylum, you effectively abandon your application.

3. Your husband can apply for asylum if he is eligible, yes.

4. You cannot have an asylum interview in your home country.

Amber Hardy
Amber Hardy
  • Immigration Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: I would need to get a little more information but if you had to leave and go back to the country you are claiming asylum from that could be a problem and you need to talk to an attorney to figure out the best way to handle it. That being said it would not be impossible. Also, if your interview had not been scheduled you may not have missed it yet. A visa will not work if the reason you are coming is due to fear. Your husband of course may also come to the US and apply for Asylum if he has fear. Feel free to contact me and I will do a free consultation to ask the questions I need to know and help you determine your options. 323-577-5002 or

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