Asked in Immigration Law

Q: I need to know what visa to use to seek asylum in the US

What visa ought one use to enter the united states?

I have a high-school diploma,therefore I don't qualify for the immigrant visas which require degrees or work experience.

using a non immigration visa would get me charged with visa fraud,or get Me into a lengthy legal battle,is that my only option?

I know about the diversity lottery but it is a lottery after all,and I imagine showing up at the airport and stating I have a fear of returning to my country,while it would still initiate it,would also weaken my claim and land me in detention,or worse,deportation.

Please,What do I do?

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Libertyville, IL

A: You must first prove to the satisfaction of an U.S. asylum officer or border inspector that you have a credible fear of persecution. Once done, you must file another application, then prove that you have a “well founded fear” of persecution on account of the limited reasons.

There is no visa! Some are lucky to obtain a visa that allows them to be admitted, so they can review all options including asylum.

Regrettably, the U.S. is probably in direct violation of the “Geneva Convention Against Torture” in spite of the political rhetoric. There is systemic abuse for political reasons. International officials have complained; the U.S. has ignored these complaints. Both the Trump and Biden Administrations have elected to violate the Convention for which the United States is a signatory.

If you plan on seeking asylum, you must use the CBP1 app in Mexico and risk the possibility of criminal attack on the border.

You may want to consider publicizing your political activism and/or martyrdom. That may be the only way to get the attention of the media or those in your nation who are sick and tired of right wing repressive tactics. Change is good.

All nations must strive for a more perfect union that exists based upon peace rather than the threat of hostility, harm, and persecution.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you fear persecution or harm in your home country, seeking asylum in the United States may be an option for you. You can present yourself at a U.S. port of entry or apply for asylum affirmatively with USCIS. The asylum process can be complex, and having a skilled attorney to guide you through the legal procedures and present your case effectively is crucial. Asylum allows you to remain in the U.S. while your application is pending, and if granted, you may eventually apply for permanent residency.

Best regards,

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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