Ask Me Help Desk - Asylum and Travel Document questions

Hello,

I have 2 questions and I thank anyone that will help me out. I first will give a brief overview of my situation.

Last time I entered the US was in 2000 as an international student with F-1 visa (no residency limitations). Since then I have studied and have received A.S. B.S. and an MBA. Since my arrival, I have always been in status. Currently, I am enrolled in an accounting program at a local community college to strengthen my accounting skills. I am currently on F-1 Visa and have an I-20 that is good until 09/02/2010. However, I most likely will finish the studies by December 2009.

Very recently, within the last 2 months, it has been brought to my attention by my father who still resides in my home country that upon my return to my home country I will be charged with "desertion from compulsory military service" because I have been in the US studying and have not served in military. The sentence mentioned above carries 2-5years of imprisonment.

I am considering to apply for asylum and here are my questions:
1) Will I be able to apply for asylum while holding a F-1 International Student Visa?

2) Once I apply for asylum, will I be able to apply for "Travel Documents" based on the asylum application?

Thank you again.

U.S. political asylum is not for your situation. You are not being persecuted by your government on account of race, religon, nationality, social group or political opinion. Since your government requires this of everyone, you are not being singled out. In fact, the USCIS asylum officer at the "reasonable fear" interview will likely determine you have no such fear of persecutiion based on these factors. violation of your home country laws and the corresponding punishment generally do not qualify.

Please see an experienced immigration attorney to explain the laws to you. Good luck.

Quote:

Originally Posted by DCcityboy

U.S. political asylum is not for your situation. you are not being persecuted by your goverment on account of race, religon, nationality, social group or political opinion. since your government requires this of everyone, you are not being singled out. in fact, the USCIS asylum officer at the "reasonable fear" interview will likely determine you have no such fear of persecutiion based on these factors. violation of your home country laws and the corresponding punishment generally do not qualify.

please see an experienced immigration attorney to explain the laws to you. good luck.

Actually, I am very afraid for my life going into jail in my country. First of all, I will not get fair hearing, very likely that I will get the maximum sentence, most likely I will not come out of jail either alive or in good mental/physical health, and lastly, my whole life will be ruined. And all because of what? Studying abroad in a well known university, not braking the rules in the US. Just because my home country is rather undemocratic and backward thinking, I don't think I should suffer because of that.

Am I making any sense?

Thank you

Perfectly sensible to me, but the US asylum laws and the case law does not support your position. Please note that the US does recognize some foreign laws as meeting this standard. But mandatory military service is not one of them.

You have not been singled out for persecution on one of the five enumerated grounds. That is P/A. find another way to immigrate if you can't return to your home country.

If you feel your case warrants, seek counsel from an experienced P/A attorney. If this was helpful, rate this answer. Good luck!

Quote:

Originally Posted by DCcityboy

perfectly sensible to me, but the US asylum laws and the case law does not support your position. please note that the US does recognize some foreign laws as meeting this standard. but mandatory military service is not one of them.

you have not been singled out for persecution on one of the five enumerated grounds. that is P/A. find another way to immigrate if you can't return to your home country.

if you feel your case warrants, seek counsel from an experienced P/A attorney. if this was helpful, rate this answer. good luck!

Hello DCcityboy it has been a while since you answered my questions, which helped me a lot. Things have changed significantly and I have to ask you a question.

First of all, Armenia, the country where I am from, introduced legislation for people like me that have not served the cumpolsary militiary service to pay a fine and clear everything out. I did that and now I am a "Free" man and can finally go back and visit my family that I have not seen for over 9yrs. Thanks God I did not apply for asylum, and thank you for your suggestions for preventing me to take a very unwise step.

Anyway, I was due to complete my studies at the end of this semester (December 2009) and leave for home. However, changed my plans and I am having second thoughts on the issue.

FYI, my I-20 states that the program must be completed by 9/2/2010, my F-1 visa is expired, and my passport is good for like 3 years.

Here is the situation/timeline.
1) During the summer 2009 I did not study and stay in the US.
2) The fall semester at my college started September 8, 2009.
3) I registered full time.
4) Attended the 1st and 2nd week of classes.
5) On September 17 (Thursday), I entered Canada (visitor visa valid for 6months) for a long week-end in Toronto.
6) Over the week-end I really enjoyed my stay in Canada and decided to stay here for a month maybe even 2 to enjoy myself, maybe find employers Canada.
7) On September 21(Monday) I dropped the classes that I was registered for.
8) I was enjoying myself until yesterday, when it was brought to my attention that I may have issues reentering the US to finish my studies:mad:

I currently have my I-20 endorsed (3rd page) by international student adviser for attendance and good academic standing (signed June 6, 2009).

My reasoning was that as long as I have:
a) a signed I-20 which is valid until 9/2/2010
b) valid foreign passport
c) expired F-1 visa
d) legal status in the US while there
e) legal status in Canada during my visit
d) citizen of Armenia (not on a special list)

That I will not require a new F-1 Visa to enter the US from Canada after I was absent from the US for 1-2 months.

What I found out is that this generally will be the case if you come back within 30 days of the day you live the US for Canada. Otherwise, one has to go back to their home country and apply for a new F-1 visa. Please correct me if I am wrong.

Now, because I have dropped my classes, will I still be able to come back to the US with the expired F-1 visa within the 30days? I wouldn't have a problem of going back home directly from Canada and applying for a new visa from ARmenina, but I have not been in Armenia for 9 years (due to the Military issue) and the visa interviewer may look at this strangly and not issue me a visa. Considering that I only have 1 semester to complete my degree, I much much prefer to go to the US from Canada and not worry about applying for a new F-1 visa.

Thank you in advance and do hope to hear back from you soon.

You may be able to make a claim for asylum under the Convention Against Torture, where you only have to show a well founded fear of persecution. However there may be some issues with the claim of persecution vs. prosecution, but if you can show similar situations where people have been imprisoned for long periods for avoiding military enlistment you may have a case. You just have to make the claim that it is an overly burdensome punishment and that it would be a form of cruel and unusual treatment or punishment.

In another instance you may be able to gain asylum on account of religious persecution if for any reason your religious beliefs require that abstain from military service.

Or marry and American girl...