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U.S. Political Asylum News and Articles - ACS Law Offices, Inc.
Wednesday, 24 October 2018 14:20

5 Fastest Ways to Get a Green Card

Obtaining the status of permanent resident of the USA (Green Card) is the main goal for many immigrants. There are several quick ways to achieve that goal.

1. Marriage to U.S. Citizen

This is the fastest way to immigrate. Typically, the process lasts from six to nine months, after which a temporary Green Card is received. Within the next two years, you must contact the USCIS again with proof of the validity of the marriage. After that, you can obtain permanent resident status, i.e., a permanent Green Card.

2. Immigration through family reunification

Immigration through family reunification can take from nine months up to five years. The fastest option is the reunion of closest relatives with a U.S. citizen who is a parent, spouse, or unmarried children under 21 years.

3. Political Asylum in the USA

Obtaining asylum in the United States enables the applicant to get a Green Card within one year after successfully completing an interview with an immigration officer. Due to recent changes in the asylum process, an interview with an officer is usually scheduled within two months after the petition is filed, which, in the case of an approved petition, makes the process of obtaining a Green Card very quick.

4. Immigration of extraordinary ability people

EB-1 immigration visas for individuals with extraordinary abilities have a high priority, so petitions are usually processed rapidly. If you apply for an EB-1A or B visa using premium processing (an additional expense), you can obtain a Green Card within one year of the approval of the petition. When applying for an EB-1C visa for outstanding managers and directors, the may be as long as 18 to 24 months.

5. Investment immigration

An EB-5 investment visa involves obtaining a temporary Green Card for 12 to 18 months. A permanent Green Card may be obtained in approximately five to six years from the date of the petition. For an investor, there are many options on how to stay in the United States until you become a permanent resident.

Plan your immigration in advance, do not act "at random." With the potential for changes in US immigration policy, the best time for immigration is right now. Get a U.S. Immigration Attorney consultation for professional advice on your individual situation.

Disclaimer: The article contains general information and does not include legal advice on a particular case.

Published in Immigration
Thursday, 27 September 2018 11:39

U.S. Offers Asylum Seekers a Second Chance

Asylum seekers at the U.S. southwest border are anxiously awaiting a District Court Judge’s approval of a settlement reached late Wednesday evening, September 12th. If approved, the agreement will open a review of more than 1,000 previously rejected asylum requests.

It is believed that a substantial number of previously rejected petitioners had been persuaded that withdrawing their bids would be the best way to have their isolated children returned to them. Many of these petitioners from Central America had been unable to convince immigration officials that they faced a credible fear of persecution or torture if forced to return to their home countries.

According to a report in USA Today, some parents have also argued that they were rushed through the asylum process by federal immigration officials, were not informed of all their legal options, and some were misled into signing away their right to apply for asylum (See Special Note below).

Under the terms of the agreement, if either the parent or a child passes the “initial credible fear interview,” the entire family will be allowed to continue through the asylum process together as a family. Even if a parent fails to pass the initial interview, he or she will be allowed to remain in the country until the child’s case has been adjudicated. If the child’s case is accepted, the parents will be accepted also.

Passing the initial interview is not a guarantee of asylum. That process could take up to two years to complete. However, during that time the applicants may live and work in the U.S.

Approval is highly likely – and could happen even before this article is published – because the Judge Dana Sabraw in San Diego is the same judge who ordered the government and the American Civil Liberties Union (ACLU) to come to an agreement on the matter on August 17th in which he ordered the government develop a streamlined process to handle immigrant families caught in this and similar situations.

It was in that previous hearing that Judge Sabraw wrote that “So much of this is really common sense and common courtesy. There shouldn’t be anything mysterious about it. It should be transparent and easy to do.”

The conditions of the settlement will allow parents to submit additional evidence and testimony to clearly establish their credible fear of returning to their home country. One attorney representing the cause of the immigrants said, “They will finally have a real chance to be heard and to secure safety and stability for themselves and their families.”

Official approval by Judge Sabraw could come as early as Friday afternoon, September 14th. Claims will be heard on a case-by-case basis.

Under the agreement, the government must allow a lawyer to represent the parents during their second interview, either in person or on the phone.”

Special Note: Do not attempt to apply for asylum without the aid of an Immigration Attorney. Had those asylum seekers had legal counsel during their first interviews, they would not have been misled into withdrawing their asylum request.

With Law Offices now open in San Diego, Immigration Attorneys from ACS Law Offices, Inc. are available to help. Please use the links below to contact us for assistance.

Published in Asylum

Thousands of people have signed petitions asking President Trump to open the doors for easier access for white South Africans to move to the United States.

A situation has been brewing South Africa for over two decades relative to farmlands owned by white farmers. The post-apartheid African National Congress regards the land as having been misappropriated over several hundred years of colonialism. The ANC agenda includes elements of restitution, reform, and redistribution.

Although the originally stated approach was that all land redistribution would be conducted on a willing-seller, willing-buyer basis, the ANC voted on February 27, 2018, to begin a process of expropriation without compensation. This would be akin to the U.S. government reclaiming and redistributing all white-owned land to Native Americans.

Similar attempts to right a perceived wrong in the long-ago past in other countries (see Zimbabwe) have met with disastrous results. Although official expropriation may not be implemented immediately, it would not be unreasonable to expect extremists on either side of the issue to begin taking matters into their own hands. One faction is already using inflammatory terms referring to “white minorities” who are descendants of “criminals who stole our land.” One spokesperson said that the time for reconciliation is over and that he is “not calling for the slaughter of white people – at least for now.”

The petition to President Trump asks him to “take the steps necessary to initiate an emergency immigration plan allowing white Boers to come to the United States.” (Boers, aka Afrikaners, are the descendants of Dutch, German, and Huguenot settlers.) The petitioners are hoping the president will show favor to South African applicants who can be vetted relatively easily as opposed to immigrants from war-torn Somalia.

American Corporate Services, Inc. believes that opportunities exist for South Africans to relocate to the US via the EB-5 investment immigration visa, the L-1 worker transfer visa, or the E-2 treaty investor visa programs before the situation becomes untenable. Our experts can guide hopeful immigrants to the pathway that is best suited for their individual case.

Because homicides of white, South African farmers are already extraordinarily disproportionate, some may have a legitimate case to seek Asylum in the U.S. based on the existing threat levels.

Schedule the consultation with U.S. Immigration attorney to maximize your chances of successful immigration.

Dr. Gregory Finkelson’s book, Moving Your Family to America – A Simple Guide to Business and Investment Immigration is now available on Amazon. Click on the link to order your copy now:

You may contact us directly at,, or

Published in Immigration
Monday, 04 September 2017 14:39

Prepare Your Asylum Story!

Здравствуйте, меня зовут Аллан, my wife is Russian but unfortunately I don’t speak Russian so I’ll have to speak in English now. I’ve handled many Russian and Ukrainian asylum cases and I can’t say that I won every case but I am proud to say that I have done a very good job on all the cases I handled, and I won most of the cases I handled because I prepared in advance what is likely to believable and what is likely to be not believable.

I tell my clients I want them to prepare a story for me to read and I will improve upon the story. One of the things that I always remember (I don’t know whether I did the right decision or not…) one time I had a beautiful girl come into my office, she was about 24 years old – when I say beautiful, she was more beautiful than Angelina Jolie and she said, ‘I’m applying for Asylum, you make up the story I want you to make up the best story for me and if you win the story you can have me for three nights.’

Well, I didn’t know what to do and I thought maybe I wouldn’t like her for three nights so I said no, largely because if she could say you can have me for three nights, she could also tell a lie and say that I wanted to have sex with her and I would only take her case if I had sex with her. This is a very dangerous situation for a lawyer to be in and I was fortunate enough that I had good sense… her story was a terrible story, I don’t know… in fact I refused to take the case and have anything to do with her. I don’t know whatever happened to her.

I did handle a case – this wasn’t a Russian case but I handled an Asylum case from India for Miss Universe - she won the Miss Universe title from India and I won the case for her so I was very happy about that but that was a real case, that was an honest case.

Published in Asylum
Saturday, 02 September 2017 14:36

Fake Immigration Stories, Prepared by Non-lawyers

Good afternoon again, I was talking about cases where clients had non-lawyers helping them prepare a first asylum application and a very bad job was done and they lost. Then they came to me when they lost and they had already been sentenced to the immigration court. You can usually tell a bad application that is an application that a non-lawyer has prepared. It will repeat itself, it will be copied and copied and the story will not be a good, realistic story.

For example, whenever I hear a story about a woman who violated the one-child policy and was forcibly aborted and she tried again to have a child again several months later and she was arrested and put into prison. She escaped from jail by breaking and opening the windows and running away. Somehow after she ran away she got to the United States… this is a fake story and all lawyers will know it’s a fake story.

Whenever someone comes to me with that, I have to tell them it’s a fake story and that if you tell me the truth, what happened, I can correct the fake story and try and hopefully we can win. I’ve had a lot of cases like that and they first thing I do is tell the judge I’d like to start all over again because a non-lawyer helped my client prepare a story that’s not true and my client didn’t know what to do but agreed with the non-lawyer, thinking the non-lawyer was actually a lawyer.

We have to start all over again and the judge will usually allow a good lawyer to begin all over again and to prepare a true story.

I’ve won several cases that started out as fake stories. One of the most interesting cases I’ve had (this was not a fake story but it was a very funny story) where a client of mine who was very tall claimed that he was demonstrating in 1989 in Tiananmen Square against the government. He was able to get a visa to come to the United States without being arrested and they story itself was not really a good story… he didn’t have too much to offer or present and I told him that I am not 100% certain that we can win this case. What I did not expect was that the judge would be fascinated by how tall he was. He was 6 foot 6, much taller than the average Chinese and the judge insisted on sending outside for a tape measure to measure how tall he was. Ultimately the judge ruled in his favor, he decided to grant an asylum because he was so tall he was likely to be arrested if he had to return to China because the Chinese government had videos of the students demonstrating in Tiananmen Square.

What I hadn’t expected was the judge would grant him asylum not because he has a good story or he was really in danger but because he was so tall. Even good lawyers can expect the unexpected things to happen!

Sometimes I get an unexpected decision in cases involving people in Falun Gong and one of the things I always tell them that you have to know Falun Gong. You can't just say it, you have to read the literature, the stories, the advice because the asylum officer questioning you is going to know Falun Gong and he or she knows more about Falun Gong than you do, your case is going to lose so you have to study Falun Gong, know what you believe in – it’s no guarantee that you’ll win but at least you’ll be respected for joining and knowing enough about Falun Gong.

So, all these unexpected situations will occur and a good lawyer will prepare for the worst, hope for the best, and sometimes clients will ask me, ‘what are my chances of winning?’ and I like to give them my honest assessment of the case, my honest opinion. If I think it’s a weak case I’ll tell them that I think it’s a weak case - I’ll try my best but I cannot guarantee your success.

If it’s a strong case I’ll tell them I think you have an excellent case, I think I can win because your case is so strong and because you obviously know your factual material – you know your story.

Once again, the important thing is to know your story, know what happened to you, know the dates that happened and again, supporting documentation if you can. I get a lot of cases like this but my time is limited so I’ll stop now – thank you very much.

Published in Asylum
Friday, 01 September 2017 14:32

How to Build Your Success and Asylum Story

This is Allan Samson continuing my discussion on immigration law.

I’m a practicing attorney in San Francisco and a professor as well in Business Administration in the fields of Law and Business Administration.

I’d like to give a general introduction to asylum, how you apply for asylum, when should you apply for asylum.

Generally, as a matter of law you have to apply for asylum within one year of coming to the United States – 6, 8, 10, 11 months, if you are here longer than a year, unless there’s a convincing reason why you waited that long in applying for asylum (perhaps the country conditions in the country have changed) then I would suggest you not do this and apply beforehand, before one year.

You can apply for what’s called Withholding a Removal after one year but it’s not as good as asylum: asylum will allow you travel out of the United States and come back, Withholding a Removal will only allow you to remain in the United States but will not allow you to travel and come back.

If you’re coming to the United States and planning when you should apply for asylum, my advice is probably wait closer to the 12 month period (maybe 8, 9, 10 months) because this will give you the opportunity to collect documentation.

If there’s any one suggestion I could give in how to improve your chances of success in applying for asylum, it’s documentation, a realistic story that shows you are afraid and documentation that shows that you’ve been punished or persecuted and you’re likely to face persecution again if you return to your country.

Now, there’s got to be a realistic basis for your fear in applying for asylum.

Let me give you an example of a non-realistic basis: let’s say you’re from England and you really believe that the Queen of England wants to kill you, she’s hired a contract killer to kill you – you firmly believe this, in your own mind this is true, but is the Queen of England likely to kill you? No, of course not.

So there is no realistic basis for your asylum. If you apply for asylum and you firmly believe this, the officer will deny your application for asylum by saying that this person has a realistic fear of returning to England in his own mind, but is there a realistic danger to he or she if he does return to England? The odds are, the chances are no, there is no way that the Queen of England is going to put out a contract killing on your life – but other countries you do have a danger and its those countries which have the best success rate in applying for asylum.

Now, if you do apply for asylum, you have to know a story. You have to develop a story. What happened to you, when it happened, how it happened and what happened. Be specific, give dates, describe the events that have happened to you, when it happened, how it happened…. Your story must be believable, must be convincing. Now, if it’s not a real story, if it’s a fake story once again as I mentioned in other lectures, immigration officials are professionals. They know how to spot, how to distinguish between a fake story and a realistic story so you’re not likely to be able to fool them in this regard so your story in this sense should be realistic, it should describe what has happened to you and it should be a “good story”.

A “good story” is supported by documentation. Let’s say you were beaten by the police: is there a police record, is there a hospital record?

Let’s say you put in the police record that somebody was threatening you, or that somebody was harming you… do you have a police report on file? Can you get a police report on file from your country?

Documentation is extremely important in building up your chance of success and asylum story.

Published in Asylum
Wednesday, 30 August 2017 14:20

Asylum for Applicants from Russia, Ukraine

Hi, this is Allan Samson, immigration lawyer operating in California.

I’d like to talk a little bit about asylum applications if you’re from countries such as Russia, Ukraine, and in a general sense, countries from the former Soviet Union.

There’s a strategy choice in applying for asylum from those countries. There are some stories, some reasons which have a greater success rate than others and Id like to talk about those right now. If you come from Russia, the greatest success rate would be if you’re homosexual or LGBT because of the Russian government policy to discriminate against gays and LGBT people. This is the basic reason, but once again it’s not… just don’t say you’re gay, show that you have been involved perhaps in the past in gay organizations in Russia, or gay clubs or with photographs of you in gay meetings.

If you’re living in the United States try and join gay organizations so you can get letters of support from new gay friends in the United States who will attest to the fact that yes, you are gay or you are LGBT.

You want to show that you really are gay, that you belong to gay organizations here in the United States, and that you have belonged to gay associations or gay organizations in Russia.

My Mother and Father were born in Russia but I don’t speak Russian – I grew up at a time where they wanted children to be Americanized so they never taught me Russian. I’m married to a Russian woman but she speaks better English than I speak Russian, so the only thing I know are the [inaudible] words which I cannot mention here.

Okay, the importance in an asylum application for Russia is a good story, letters of reference from friends in the United States, and if you can get any documentation… let’s say you were at a Gay pride parade in Moscow and the police broke it up. Maybe photographs of you in the parade or maybe if you were beaten and went to the hospital, hospital records.

The key things are records, dates and records. Maybe a police report? You put in a police report when they called you a gay bastard or a homosexual bastard and you put in a police report. You can show that police report in your asylum application.

Other good reasons to apply for asylum from Russia and from Ukraine would be religion, particularly in Russia : Seventh Day Adventists, or Jehovah's Witness.

I’ve handled a number of cases, gay cases and a number of Jehovah's Witness and Seventh Day Adventists cases and these are religions which are not tolerated by the Russian government.

The Russian government is now in a close alliance with Russian Orthodox religion which will not allow any competition from non- Russian Orthodox or other religions in Russia.

When I first started practicing law many years ago, a good story was that you’re anti-communist but of course now it makes no sense to be anti-communist, there is no longer communism in the Soviet Union so the key stories would be Religion, Religious Discrimination, Gay Discrimination and if by any chance you had the ‘good luck’ to be arrested or be beaten in anti-Putin demonstrations and you can document that you were arrested or beaten, you can certainly use this in a good asylum application in the United States.

Make certain that you haven’t lived in another country beforehand, make certain that have not lived in England or France or Germany beforehand because American law will say you should not be able to apply for asylum when you can go and live in Germany or France or England. Make sure you cannot live in any other country.

The American court system takes a long time and the American asylum application takes a long time.

Right now or several years ago when I was starting to practice you would have your asylum application interview 2 months after the USCIS received your asylum application. Now it’s probably almost a year before your get your asylum interview and this gives you the opportunity to apply for work authorization if no decision has made in your case for more than 7 months or more than 6 months, 180 days, you can apply for work permission.

If you need to work, you want to apply for asylum, you have a good case for asylum but you need to work in the meantime, right now is a good time because of the slowness of the American legal system, it will allow you to be able to get work permission while your application is being considered.

If your application is denied, (they never use the word denial, they say you didn’t give reasons to merit an approval) you’ll be put into removal proceedings or deportation proceedings in front of the immigration judge and you’ll have a chance to make the same case in front of the immigration judge.

Many clients that I have had have failed in applying for asylum, they’ve hired me as their attorney and have won in front of the immigration judge. I’ve filed a few cases myself where my client lost at the asylum interview, I felt it was a good case and I encouraged them to keep me as their lawyer when they were going in front of the immigration judge and those cases I won.

Just because you lose at basic level does not mean you cannot win at higher level. It’s certainly possible. Judges have more knowledge about the requirements for asylum than asylum officers do. So from Russia and Ukraine: political reasons, anti-government feeling, anti-government demonstration, gays and LGBT, and minority religious beliefs and memberships will be valid reasons for applying.

Probably don’t waste your time in applying for economic reasons. Another good reason would be spousal abuse: if your husband or wife beat you and your feared for your life and safety and you reported it to the police in Russia and the police did not protect you or they told you to go back to the house and you ere beaten again… this is a good reason to apply for asylum in the United States, if the government of your home country is not willing or able to protect you from spousal abuse. There are increasingly successful cases from Russia and from Latin America on this basis now.

Once again, spousal abuse, religion, sexual orientation and anti-Putin, anti-government sentiment and demonstrations are valid reasons to apply.

Once again, whatever you choose, make sure your story is good plan your story with your lawyer, do not ask your lawyer to lie for you, do not ask them to make up a story for you. If somebody asks me to make up a story I will say sorry, I don’t do it, I’m not willing to lose my license to practice and part of the reason I am so successful is because I have a good reputation in court and I have a good reputation among officials in the immigration department. They know that I will not make up a fake story so the story that my client presents is more believable because I have a good reputation and good lawyers have good reputations.

If you go to a lawyer that does not have a good reputation, your story will not be viewed with believability or credibility.

Okay, thank you very much for your attention.

Published in Asylum

We explained in an earlier article that refugees from the Asian continent mistakenly think that Guam might be a somewhat convenient backdoor into the United States. For many, it is a dead end.

The U.S. and Guam are in the midst of an immigration policy transition under the authority of the Department of Homeland Security. The transition period began in 2009 and will not be completed until the USCIS gains complete control after December 31, 2019.

So Near, Yet So Far

From the coast of Asia or its outlying islands, Guam looks like one small step for man that leads to one giant step to the U.S. mainland. Entering Guam illegally or with the overt reason of seeking asylum is likely to end up as a nightmare not at all like the dream of being greeted by open arms in the United States.

According to the USCIS, “People physically present or arriving to the CNMI are not eligible to apply for asylum. This includes people brought to the CNMI after being intercepted in international or U.S. waters . . . In most cases, individuals in the United States without a nonimmigrant status need to leave the country in order to obtain nonimmigrant classification.”

So Few Are Too Many

While it is not known for certain how many illegal immigrants are actually on the tiny 36-mile-long island, it has been estimated that some 2,000 were at one time at large, while another 500-plus were interred in a detention center. Many, if not all of those were housed in tents inside the gates of a local prison. There island simply does not have enough room or adequate resources to handle the influx of illegals along with its 140,000-plus legal residents.

Some Asians arrive under a legal visa, but overstay the visa period. At that point, they become illegal and are liable to end up detained or deported.

It’s Not an Easy Road

As long as there are no standard processing facilities on the island, applications for asylum are adjudicated by a judge in Hawaii, usually by video conference. It can take several years for applications to be approved, if they are approved at all. At any rate, no refugee asylum-seeker will be allowed to proceed to the U.S. mainland until their asylum status has been granted.

It turns out that Guam is neither a backdoor nor a shortcut.

What Should Asylum Seekers Do?

Immigration laws are complicated, the system is overtaxed, and the process is lengthy. For these reasons, we advise any person seeking asylum to speak with an experienced immigration attorney before attempting to apply to enter the process.

Our staff of multilingual immigration law Attorneys is available to help you navigate the asylum process. Contact us at,, and

As always, we welcome your input and discussions about immigration on our LinkedIn group: Business and Immigration News & Views

Note: Offer of services is not a guarantee of results. Every case is adjudicated on its own merits. We can help to determine your eligibility and direct you through the process.

Published in Asylum
Monday, 21 August 2017 10:56

Seeking Asylum in Guam

With economic and political unrest around the globe, the number of people from other countries seeking asylum in the United States is much greater than the average person might imagine.

In 2016, the U.S. immigration court and asylum systems were backlogged with more than 620,000 (cases) pending. The average processing time for persons seeking asylum in the U.S. is two to three years. As is common with human nature, some asylum seekers try to find ways around the system. Entering the U.S. through Guam is one of the shortcuts being attempted, especially for those leaving the Asian continent.

Guam Is Not a Shortcut

Since Guam is a relatively short distance from Asia and is an unincorporated U.S. territory, using it as an entry point to seek asylum seems to make sense – at least at face value. But, “all that glitters is not gold.” Attempting to use Guam as a back door to the U.S. for asylum is sure to be a major disappointment for anyone who tries to do so.

Another reason Guam seems to make sense is that citizens of Russia, China, and several other countries are permitted to travel without a visa to the Commonwealth of the Northern Marianna Islands, of which Guam is the largest. Visitors may travel throughout Guam and the CNMI for business or pleasure for up to 45 days.

The Problem with Asylum in Guam

Simply put, there is no infrastructure to handle asylum requests in Guam. Although the U.S. Citizenship and Immigration Services has a Field Office in Guam, that office is an outpost of the U.S. District 26 Office in Honolulu.

What’s more, asylum processing is done through the Los Angeles Immigration Court System. Asylum seekers on the island of Guam will find themselves in a logistical nightmare when they discover that they are not allowed to travel to the U.S. mainland until after their application for asylum has been approved.

That application process could take seven to nine years to process. That two to three times longer than originating the process through proper channels.

What Should Asylum Seekers Do?

Immigration laws are complicated, the system is overtaxed, and the process is lengthy. For these reasons, we advise any person seeking asylum to speak with an experienced immigration attorney before attempting to apply to enter the process.

Our staff of multilingual immigration law Attorneys is available to help you navigate the asylum process. Contact us at,, and

As always, we welcome your input and discussions about immigration on our LinkedIn group: Business and Immigration News & Views

Note: Offer of services is not a guarantee of results. Every case is adjudicated on its own merits. We can help to determine your eligibility and direct you through the process.

Published in Asylum
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