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Mike121

498a case in India , apply asylum in USA

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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,

 

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While its okay to look for similar cases over forum, it will not give you any headway pertaining to your case. Bottom line is to consult a competent law firm for an optimal strategy.  IMHO it may be little hard to convince USCIS that you fear going to jail on a dowry case makes you eligible for asylum. If that could be possible, then anyone could say that Indian police is looking for me on a bogus DUI case, grant me asylum please. So I would start by consulting a competent law firm who deals with asylum cases for in depth review of your case and an optimal strategy.

 

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Asylum is (and should be) pursued should there be a genuine threat to life. Harassment, while inappropriate, does not rise to the bar. On the face of it, this looks like an Indian court case and should be settled as such. 

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I see you pain Mike121. Same here, facing false 498a changes and police is harassing aged parents. In my case, my wife is also in USA and has filed all changes through Power Of Attorney. 

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