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-   -   Hi all! ..new shy member (http://dreamact.info/forum/showthread.php?t=7719)

makgrrl 03-31-2008 07:01 PM

Hi all! ..new shy member
 
I'm not sure if I'd benefit if the dream act passed but even if I didn't, after reading all the stories here I think it must pass. Here's my story.....
I came here when I was two, my father was granted a scholarship to the university of Wisconsin. I lived here for 8 consecutive years then we returned to our country. We struggled living in our country and my father life was in danger so when he was sent back to the U.S. for a work related trip to the U.S. my father decided to stay instead of returning back to our country. five years later we joined him. I was 17 at the time. I went to school here but I graduated in canada where my dad thought our asylum case would have a better chance of being accepted. It was rejected and now were applying for asylum here. My parents are getting their green cards in a month and the rest of my bothers and sisters were born here so everyone is ok except me. It's been really hard watching my friends and family moving on with their lives fulfilling their dreams and ambitions and mine put to a stop because the country I grew to know as my own (I lived here for almost 15 years) doesn't recognize me. I was a good student in school and have never been into trouble. I have a SSN # but I can't work with it. My lawyer suggests I get married but I feel vulnerable and don't think I should be pressured into such commitments; it's not fair. I'm turning 26 and all I want to do is finish my education without having to leave my family. Now we are waiting for our date in immigration court , if our case isn't successful (most likely that's the case) ... I don't know what to do. What pains me is what crime did I do for me to suffer like this ... the current immigration laws suck big time : (

laneDearIhope? 03-31-2008 09:29 PM

Re: Hi all! ..new shy member
 
Hey welcome to dap, i hope you can find some sort of loophole to benefit from dreamact.

RahmanIV 03-31-2008 10:21 PM

Re: Hi all! ..new shy member
 
Welcome to DAP.

I don't understand, are you saying that you have a immigration case pending or do your parents have their asylum case pending? If so, then how do you know that they're receiving their green cards in a month?

I only ask because there may be some avenues for you to apply for permanent residency. Some of our members here are extremely knowledgeable about immigration law. While we are not experts and our information is based on experience and we all put out disclaimers but we can give you some idea of any avenues you may have for applying for a green card.

Just to mention a few names, they are Ianus, free2be, tasksgirl, pingpongabyss, youguysareawesome, myself, ....

makgrrl 03-31-2008 11:01 PM

Re: Hi all! ..new shy member
 
Thanks for welcoming me guys.

Rahman, alsalaam alaikum

I along with my parents have a case for asylum pending. Our hearing is in September. Our lawyer told us that for my parents the judge will make an adjustment of status at the hearing;as my sister (an American citizen) applied for them and they have received the approval already. I am assuming they'll get their green cards very soon. The asylum case will proceed for me though.

Ianus 04-01-2008 12:03 AM

Re: Hi all! ..new shy member
 
Hi makgrrl,Welcome to DAP.


It is a bit difficult to piece together the time-lines & circumstances of your story.I'm also perplexed as to how your parents were able have an approved asylum status here in the U.S. since usually if an asylum case is denied in either Canada or the United States & an applicant applies in the other country it is usually denied due to Canada & the United States sharing immigration information under NAFTA & both countries basically have the same difficulty & standards for gaining asylum in each respective country.Approved asylum applicants also do not receive Green cards until at least holding asylum status for at least 1 year here in the U.S. & immediate family members such as your sister can not apply for asylum for your parents,only your parents can do that.

Youguysareawesome 04-01-2008 12:11 AM

Re: Hi all! ..new shy member
 
Quote:

Originally Posted by Ianus (Post 99508)
Hi makgrrl,Welcome to DAP.


It is a bit difficult to piece together the time-lines & circumstances of your story.I'm also perplexed as to how your parents were able have an approved asylum status here in the U.S. since usually if an asylum case is denied in either Canada or the United States & an applicant applies in the other country it is usually denied due to Canada & the United States sharing immigration information under NAFTA & both countries basically have the same difficulty & standards for gaining asylum in each respective country.Approved asylum applicants also do not receive Green cards until at least holding asylum status for at least 1 year here in the U.S. & immediate family members such as your sister can not apply for asylum for your parents,only your parents can do that.

Ianus, her sister is a citizen and even if their asylum case is denied like you said, her parents will be able to adjust through her sister. Mk will most likely be put into removal proceedings.

dado123 04-01-2008 12:14 AM

Re: Hi all! ..new shy member
 
Welcome to DAP!!

Ianus 04-01-2008 12:27 AM

Re: Hi all! ..new shy member
 
Quote:

Originally Posted by Youguysareawesome (Post 99511)
Ianus, her sister is a citizen and even if their asylum case is denied like you said, her parents will be able to adjust through her sister. Mk will most likely be put into removal proceedings.

I know about MK's situation & the likely unfortunate outcome,but I thought the parents were trying to gain Green cards possibly through Cancellation of Removal if the Asylum case failed,since there was no mention of how old her sister was.Normally,a son or daughter has to be 21 year of age or older before they can apply for their parents when they're U.S citizens.

RahmanIV 04-01-2008 06:37 AM

Re: Hi all! ..new shy member
 
Quote:

Originally Posted by makgrrl (Post 99502)
Thanks for welcoming me guys.

Rahman, alsalaam alaikum

I along with my parents have a case for asylum pending. Our hearing is in September. Our lawyer told us that for my parents the judge will make an adjustment of status at the hearing;as my sister (an American citizen) applied for them and they have received the approval already. I am assuming they'll get their green cards very soon. The asylum case will proceed for me though.

I'll try to spell the greeting....walikum assallam...hopefully I got that right.

Ianus, my understanding is that asylum cases are treated on a case-by-case basis and that they are generally left to the discretion of the adjudicating officer or immigration judge. Though there is a formal and standard process that is applied to all cases, certain approval/rejection decisions are arbitrary. Or so I've heard from most immigration lawyers.

Is it possible that the immigration judge is deciding to grant the parents permanent residency on the basis of their citizen daughter's petition, regardless of the asylum case? Of course, its also entirely possible that their lawyer is being optimistic.

makgrrl 04-01-2008 06:35 PM

Re: Hi all! ..new shy member
 
Hi guys,thanks for the replied and .. yes ...I failed to mention that my sister is over 21 and had petitioned for my parents..that's why they're most likely going to be relieved.

Quote:

Is it possible that the immigration judge is deciding to grant the parents permanent residency on the basis of their citizen daughter's petition, regardless of the asylum case?
Yes Rahman...in our latest hearing the judge was aware that my sister could petition for my parents... and said he could make an adjustment of status by the next hearing if she petitioned and everything went well.

Do you guys see any hope of me benefiting from the Dream Act if were passed?


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