Chenango, NY Immigration Law Firms & Lawyers

The problems in your country do not necessarily entitle you to an asylum in the U.S. The law requires you to prove that: a) you have a reasonable fear that, in your country, you life, health, or liberty will be harmed b) by the government, or by persons or organizations the government is unwilling or unable to control, c) who will persecute you because of your race, ethnicity, religious beliefs, political opinion, or particular social group; and d) you cannot escape persecution by moving to another part of your country. I you say: "I am afraid to go home because there is Taliban there and they kill people so they might kill me, too", that will not be enough for asylum. To get asylum, you would have to prove that Taliban would try to kill you, specifically, because of who you are or what you say or do (because of your race, ethnicity, religious beliefs, political opinion, or particular social group.

You were on the right track. This is exactly the way in immigration lawyer would assess the situation. We would want to look for a long-term work visa to enable him to stay in status until he can get the green card. It could be that the green card may come faster through an employment-based classification then through your sponsorship of your brother. The most important thing to do is to seek a qualified immigration law professional who would be able to assess the timing for an employment-based versus a family-based case for your brother.

A person can self petition for a green card based upon having been married to an abusive spouse. Regarding your case you should have it evaluated by an immigration attorney. For a free consultation feel free to contact my office.