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Can i apply for asylum with entry as a crewman?
Anonymous2 views4 answers
I had to use any means to get out of my country as i had gone through torture and mistreatment for being gay, i got a C1/D visa and entered the united states. I want to apply for asylum but am not sure if my status allows me to do so as i have already passed the 29 days
The 29 days is about how long you can spend onshore. Your issue is that the asylum office cannot deal with your claim. When you present yourself, you will be issued an I-863 Notice of Referral to an Immigration Judge. You should contact a local nonprofit that helps asylum applicants.
If you were admitted as a crewman in D1 status then you cannot apply for asylum. typically you have a year from admission to apply for asylum but there are exceptions, https://www.law.cornell.edu/cfr/text/8/208.2
Because you entered as a crewman, the immigration judge has jurisdiction over your asylum application and not the asylum office. Therefore, you can apply for asylum knowing that the case will definitely be "referred to an immigration judge." Translation: you will be put into removal proceedings, but will have the opportunity to apply for asylum before the judge, and appeal the decision if appropriate. The law of asylum is extensive, and I recommend you meet with a knowledgeable attorney.
