I need expert advice on immigration immediately. One of my fren was here in B1, overstayed for more than 5 years. He re entered us 2 months before, with the same passport by applying to the us embassy in Nepal in B1, stayed for few days  went back to Nepal. He came back few days back but was questioned by INS at the port of entry and they found out his previous records, so now he is held at detention center, he said he wants political asylum. Will he  be sent to jail or deported to Nepal or will he be granted asylum. What can be done to get him out of trouble. I know he was foolish but plz advice what can be done. Shud he hire personal lawyer or ask INS to arrange , as they ve given this option too.

and they gave him visa even after overstaying here for 5 yrs.

"expert advice on immigration immediately" No offence, you need to get a lawyer, and "EXPERT" lawyer

If I were you, I'd beat the crap out of this guy who seem to have NO comprehension of his action,he seems to takes things too lightly. Maybe he needs to learn the hard way, have you thought about that? Let him suffer. Always helping the guys will make him depend on you, let him learn himself.

I agree, but he had no choice, he had to leave previously because of  family tragedy, he applied with the same passport and got visa, not his fault. If any 1 knows or knew anybody in this situation plz let me know. Its not easy to let somebody in custody specially in a foreign land.

Molar,Your effort to help your friend is good and appreciatable, but you should rather spend your time looking for a good immigration attorney. We-people using sajha-can only provide ideas but cannot initiate the process to get your friend out of detention. So, start utilizing your time looking for a good attorney to get your friend out of there ASAP.Good Luck to you guys.  

He can start for a defensive asylum. As far as I think, once he demanded asylum in the US at the port of entry, his case has already been started. He is currently under the process. He must have been provided with a list of pro-bono (free) attorneys and organizations for representation by now. Also he has the right to hire a private attorney, if he wishes.

The main issue he should have taken care of the BASIS of asylum. I wonder what issues he brought up in front of the immigration officer at the Port of entry. He shall remain detained until the case is decided under the notion of "Guilty until proven innocent". He bears the responsibility to prove that he is and by every reason a true asylee. He is under DEFENSIVE ASYLUM (while in deportation proceeding) contrary to the regular AFFIRMATIVE ASYLUM (filed within one year of arrival in the United States).

His unauthorized stay in the US for 5 years serves as a "possible" reason of escaping past torture from the persecutors in Nepal such as the terrorists or their sister organizations. Again, his reentry to the US, additionally serves his interest in the US to choose for asylum because of the "repeated" threats against his life, liberty and property (possible) in Nepal.

There are various factors affecting asylum:

• geographical residence in Nepal (e.g. a Pahade in Terai and a Madheshi in hilly reason have been facing racial intolerance including forced exile),
  
• religion (e.g Muslims being threatened in Nepal by Hindu extremists),
  
• Social (so called low caste people being treated inhumanely as second class citizens and sub-humans),
  
• education,
  
• political familiarity and ideology (a membership with democratic party such as NC, NCD, RPP, NSP, NSU),
  
• social leadership,
  
• incidents of threats and attacks, extortion attempts and physical assault (if any) from any persecutors in Nepal,
  
• employment (worked for NGO, INGO, Government service, Security Forces) 

These and similar relevant reasons related to your friend serves enough and adequate basis for him applying for Defensive Asylum.

He should be able to produce documentary or physical evidences to prove the facts he has already mentioned. They include documents such as property ownership document, membership cards, recommendation letters, medical treatment records, copies of threat letter and applications requesting security from local security authority etc.

The issue about his previous stay in the US and issuance of visa disregarding his 5 years of unauthorized stay is sometimes possible. If the person was issued visa prior to 9/11 from outside of Nepal, his visa record may not be with the US Embassy  in Kathmandu as the embassy and consulates across the world were networked only after 9/11.

CAT-Convention against Torture

Convention Against Torture (CAT)

CAT is the basis of Political Asylum. A torture victim has the rught to seek protection in the nation where he can be protected from being deportedto the nation where he/she fears that their life is at stake due to persecution in the past and/or continuous threat of persecution.

Good Luck. And once again, please have him represented by an "Asylum Expert Immigration Lawyer" in his local area where he is detained. I know, he will make it if he has a sound case of torture.

If you need additional information on this subject, I have tried to compile at www.santosgere.wordpress.com Please go through some of the postings on this matter. I will be extremely happy if any of these information is helpful for our fellow Nepalese in the US.



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Thank you very much. Appreciate your response very much.