Venezuelan F-1 Student with an Asylum question

[Rico21745]

What is the name of your state? Texas

Hello everyone,

The main reason I decided to post here today was because I had a question about asylum and some about citizenship in general. I read an article on the paper about a lot more Venezuelans are being granted political asylum by the US due to the current situation in the country. My question about that was, having lived here in the US under several different visas for about 6 years (we moved here 2 years after Chavez came into power), and being 22 at this point in time, would I be eligible to apply for asylum here in the US? The visa statuses I've held are as follows: F2, H4, F1.

My other question is: I have an aunt and two uncles who live here in the US and are US citizens because they were born on US soil. Would there be a way they could sponsor me for a greencard or any sort of status that would allow me to work off-campus as well as on-campus?

Many thanks for your time and your advice in advance!

 

[ImmigAttyLana]

Asylum is not some generic classification that is given to all citizens of a particular country. It is an application that is decided on a case by case basis if the APPLICANT is able to show evidence of him/her being specifically targeted in their home country in a way that would make them eligible for political asylum. It does not sound from your post that you specifically experienced any of this or fear any of this type of persecution in your home country. Moreover, an application for asylum usually needs to be made within the first year of entering the US and you indicate that you've been in the US for 6 years so unless there are some really extraordinary circumstances, you would not be able to file for asylum.

Your aunt and uncle are not able to petition for you because they are not qualifying relatives for this type of petition. You should explore employment-based options for yourself and/or your spouse (since you indicate you were in H-4 status, it suggests to me that you were or possibly are still married)

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Rico21745]

Thank you Lana,

The reason I was at one point under and H4 visa was because my dad worked here in the US and before I turned 21, I was under a dependent visa from him.

I'm mainly interested in other alternatives to getting a greencard other than employment/marriage. The point of it being that I'd like to be able to work off-campus in order to support my current pursuit of a bachelor's degree in the US, as well as to allow for a cushion in case my OPT isn't long enough to allow for an employer to sponsor me after I graduate.

I appreciate your advise!

 

[ImmigAttyLana]

Well, usually the OPT period IS long enough for an employer to petition you for a H-1B and once you are in H-1B status, then you have 6 years during which an employer can sponsor you for employment-based permanent residence. This is really the only option for you, other than eventual marriage. I don't see that asylum claim would work for you.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.