Can I get a talent visa if I have applied for political asylum in the US before? - Arvian Immigration Law Firm

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Can I get a talent visa if I have applied for political asylum in the US before?

This is a complex question. First, it is important to understand that once an asylum application is filed, the case falls under the jurisdiction of either USCIS (affirmative asylum) or an Immigration Court (defensive asylum). This means obtaining an alternative legal status would require requesting USCIS or the Court to terminate asylum proceedings.

Second, it is advisable to be as transparent as possible with USCIS and/or EOIR. If an asylum case remains pending with USCIS or the Immigration Court, it is recommended to disclose this open status in any petition for an EB-1 visa or other visa application.

Third, if an alternative visa gets approved, you will need to formally petition USCIS or the Immigration Court to close out the asylum case or deportation proceedings in favor of the approved visa pathway. However, keep in mind USCIS and the Courts may deny such requests under certain circumstances. For example, character or legal issues could negatively impact their willingness to terminate existing asylum cases in favor of alternative legalization routes. Therefore, it is critically important to maintain lawful conduct and integrity when navigating these complex transitions.

In summary, pursuing alternative visas with an asylum application still pending involves uncertainty and risk. Close coordination with government authorities by being transparent, seeking proper counsel, and demonstrating upstanding moral character is imperative. There are no guarantees, but this thoughtful approach offers the best prospects if exploring alternative immigration options while an asylum case remains open.

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