> Hello everybody, it's me again :) I got carried away with the possible
> I-601 procedure that I completely forgot that in my case I might not
> be subject to the bar, so I need your advice again. Here's my story.
> Please read (forgive all the details, I really tried to keep them to a
> minumum).
>
> ==========================================
>
> I came to the US in 1991 legally as a visitor (B2). I applied for an
> asylum two month later. I received a SSN and an Employment
> Authorization shortly after that. I renewed my EAD every year. I paid
> taxes and filed my income tax return every year. I was never arrested.
> I was never accused of crime or misdemeanor. I left the US in 2002
> while my asylum case was still pending (my EAD at the time was still
> valid for another 1/2 year). I even filed an income tax the next year
> for the last year that I worked in the US. I didn't contact USCIS and
> I didn't inform them about my departure. I've tried to find out if I
> have to send them a letter or something but nobody could give me an
> answer, so I just bought a ticket and left.
>
> As far as I am concerned, I didn't break any law. I left because the
> situation in my country has changed for the better. I no longer
> feared the prosecution. On the other hand, I grew very emotionally
> and otherwise attached to my new home in the US, but I was afraid
> that when my asylum interview finally comes, the officer would tell
> me that I deliberately stayed in the US even though my country is
> not at all what it used to be. He would probably deny my application
> too and deport me. That's what I thought anyway, and I didn’t
> want that.
>
> I now am planning to apply to an immigrant visa through my wife (who
> is a US citizen). Does anybody know how exactly a consular officer
> will be deciding on whether the 10-year bar applies to me or not? On
> the basis of whether my original asylum application was frivolous or
> not? That’s what the law says (I think). I don't believe that
> it was frivolous but an officer may have a different opinion.
> Questions:
>
> 1. Will I be required to prove that my asylum application wasn't
> frivolous?
> 2. What kind of proof of that do I need? Any suggestions?
> 3. Should I prepare for this interview as if I was having an asylum
> interview?
> 4. Should I bring all the documents and materials that can support my
> original asylum case?
> 5. Will they dig up my original asylum case papers and send them to
> the consulate? If yes, I haven't seen them in years. Should I
> request a copy for myself, under the freedom on information act?
> Will they send it to me?
>
> Any comments or suggestions would help. Thank you very much.
In other situations, you would have a ban, my gut feel is that you
overstayed and as you did not adjust to vacate the ban then you
have the ban.
I would pass it by a US Immigration Lawyer
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