1. Can I Ask An Asylum in New York Airport?
I have question concerning an immigration to us. The situation is following. A man is a citizen of Armenia and has no visa for entering to US. But for Armenia there is no visa to come to Bahamas. There is a version to come from Armenia to New York and then to Bahamas. In New York airport a man will wait 7 hours for the next flight. So, the question is following: is it possible to ask for ASYLUM in the New York airport and in this way stay in US as an immigrant? Thank you for understanding.
Mr. Lee Answers:
Persons who have been persecuted or have a well-founded fear of persecution can ask for asylum upon entering the US at an airport in any status. You would of course have to be in an airport in the U.S. I am not sure whether you can enter the U.S. in the way that you believe that you can. But assuming that you make it to New York, whether an individual is able to stay in the US and eventually become a permanent resident depends upon the judgment of DHS or an immigration judge (if asylum is not granted in the asylum office) or a higher appellate authority. Asylum claims must be based upon persecution or well-founded fear of persecution on account of race, religion, political opinion, nationality, or membership in a social group.
2. My Partner is On DACA and The Status Expires August of Next Year. We Were Wondering If Marriage Would Protect Him If And When DACA Expires.
My partner is a visa overstay and entered lawfully. He has been on DACA, but since that seems to be expiring soon and we are thinking of going through marriage for a permanent residency and later, citizenship. His case seems a bit unorthodox because of his DACA status, and we were wondering if that would affect how this process would work?
Mr. Lee Answers:
Since your partner entered the US legally and is a visa overstay, marriage to a US citizen (I assume that you are) would be a way for him to obtain his permanent residence. Of course, the marriage must be bona fide in every sense – otherwise both of you may be liable for fines of $250,000 each and imprisonment for five years.
3. If Someone Is In U.S. On Expired Visa, Is There Something They Need To Do Before Going Home
Can they just buy a ticket home and go, or are there forms to fill out first like when they came here?
Mr. Lee Answers:
Generally speaking, someone in the US on an expired visa can purchase a ticket and return to the home country without too much trouble if no other factors are involved. He or she may have to fill out some information at the airport, but DHS will generally not stop anybody wanting to depart the US who has overstayed the visa.
