Should I re apply for asylum now or wait until graduation? 3 Answers as of October 28, 2011

I'm an Iraqi who came to US in July 2009 on a J-1 visa. I'm still in status on a J-1 sponsored by my university. I left Iraq after working an interpreter with US Army being threatened and chased in 2004. I worked only for about 100 days so I don't qualify for a special immigrant visa. I went to Turkey, became a member Turkomen Front in Turkey which offered a scholarship for my studies. I finished a master in the same area of my BS which was Petroleum Engineering. In 2008 , I studied Russian for 6months and delayed my graduation for a fall 2008 in Turkey and then took courses on my own expense in spring 2009 to get my US visa without visiting Iraq. During the 5 year period I visited Iraq for 2 -3 or 10 days in a total of 4 non consequent visits. My family was threatened after I left Iraq. In July 2009, I traveled with a visa issued for a PhD scholarship by a US corporation but the sponsor of my visa stopped my scholarship in June 2010. I showed funds to my school and thanked the sponsor for accepting to transfer my visa to My school. In fall 2010, I started working as a research assistant with a professor and its continuing until now. I have filed an asylum application in May 2010 when the decision was made on stopping my scholarship and was interviewed in June 2010 all before finishing one year in residence in the US. However, not received my Notice Of Intent to Deny(NOID). November 2010 and after much discussion with my attorney who was urging me to file a new application. I explained I need to know the reason for rejection before being rejected again. I faxed the Houston asylum explaining that I really did not get my NOID ( notice of intent to deny)in July 2010.. I was given additional 16 days to respond on December 2010 got the final denial letter. The NOID explained that I can still move to Mosul in the north and be safe as a previous interpreter and that The Turkomen situation in Iraq is getting better.

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
If you fear returning to Iraq, you should pursue your asylum application to the extent possible. It is important to remember that once you fall out of non-immigrant status, you can and will likely be placed in removal proceedings. The immigration judge has the authority to reconsider your application. If you are second-guessing the advice of your attorney, than it would be best to meet with another attorney who can review the entire case and give a more informed opinion.
Answer Applies to: New York
Replied: 10/6/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Asylum cases are confidential and should not be discussed online. Come and see us for a confidential consultation
Answer Applies to: Nevada
Replied: 10/28/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
My take is that the answer will be the same unless you can prove that there are "changed conditions" militating in your favor since the first time that you applied. If you can safely relocate to another area in your country, then your asylum will be denied and here, you have visited Iraq several times since leaving, even though you say those visits were of no substance, in the USCIS' eyes they are proof that you are not really in danger of persecution in Iraq as you may have alleged in your first application. Now, it may very well be that your attorney is recommending a second application for tactical reasons. You need to have a talk with him on the issue.
Answer Applies to: California
Replied: 10/6/2011
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