Hello All ,
I am writing to see if I can get some feedback from the Forum or if any Legal expert can advise me on my situation. A brief background -
I am currently working for on H1B visa and my wife is on H4 . A few years ago , my wife's brother (also on H1B) who used to reside in NY got married in India (Hyderabad)and brought his wife on H4 to USA .
They did not get along and my brother in law went back to India and divorced her . The girl then put a false dowry case (498a) and demanded XX amount of money . The accused were
1- My brother in law
2- Father-inlaw
3-Mother in law
4-My wife
5- My second brother in law.
My inlaws were they in India at that time and they had to go through the usual harrassment of Police , Courts etc . My wife was here with me . 2 years ago , we went to India (me , my wife and 2 kids) and were detained at the Mumbai airport because there was a Red Alert Lookout Notice for my wife . We were detained for 24 hrs at the airport , then the Hyderabad police came and escorted us to Hyderabad and she had to apply for bail .
While we were staying there ,we were threatened with dire consequences from the girls family if we did not cough up the money . Apparently the divorced girl's family had some political clout and access to goons .
We hurried back to US and she's been here since then . She cant go back to India as the Police did not remove the lookout notice from the airports in order to keep harassing her and there is a constant threat from the girls family
In short , my wife is stuck here for good . It is well known that the 498a case is a tool to harass NRI's . The Police and everyone are hand -in glove .
My inlaws are fighting this in the Courts. But this is going to take forever , if you know how Indian judiciary works.
Coming to my question - Given the extenuating circumstances , can my wife file for Asylum here in the USA ? Is there any precedence to this kind of case - applying and being granted asylum based on 498a harassment in India.
Thanks,