Q&A’s published on Lawyers.com and the Epoch Times – 06/02/2017 1.Meaning of Bar 2. Can An Indian Get Asylum? 3. My Company is not Letting Me Quit My Job & Threatening Me. Can I Come to US & Apply Asylum Based On This Fact?

1. Meaning of Bar

What does it mean to get bared from the country?

Mr. Lee answers:

Being barred means that you are not admissible to the US for a certain amount of time, in some cases 5 or 10 years based on summary and regular removal orders, or 3 and 10 years based on being illegal for 180 days and 1 year respectively. Waivers are available in many circumstances on non-immigrant and immigrant bases. 


2. Can An Indian Get Asylum?

In my case I loss all my wife also. I don’t live India. My sister family is there so I want live with my children. My wife was suicide death. So here I’m very disappointed. 

Mr. Lee answers:
Unfortunately, your circumstances do not describe a case for political asylum which can only be granted for reasons associated with political opinion, nationality, membership in a social group, race, or religion. If there is more than you describe, perhaps a case may exist.  In any event, you may wish to consult an immigration lawyer to go over any viable options available to you. 

3. My Company is Not Letting Me Quit My Job & Threatening Me. Can I Come to US & Apply Asylum Based On This Fact?

I am from India currently residing in India. I have an employment with an Indian company & I want to quit my job, but my company is not letting me do so & threatening me saying that they would not issue my relieving letter (which is a must requirement to do job in another company) until & unless I pay them the bond amount of $50,000 which is impossible for me to pay them. In a sense I feel I am being deprived of my fundamental right i.e. ‘Right to work’ & apparently I am treated slave, so my basic query is that based on this fact can I seek Asylum in USA, obviously I would apply after arriving to USA. Please help me & tell me if my case stands legitimate reason for applying asylum in United States.

Mr. Lee answers:
You would of course have to be in the US to apply for asylum. The US consuls will not give you a visa for that purpose. Based upon your fact situation, I do not believe that you have a promising case. Economic persecution even by the state has a very high standard before asylum can be granted. Your facts do not meet the standard in my opinion.