BONA FIDE ASYLUM CLAIM EXCEPTION TO 9B

UNCLAS BOGOTA 004487 SIPDIS CA/VO/F/P FOR LAUREN C. SANTA E.O. 12958: N/A TAGS: PHUM SUBJECT: BONA FIDE ASYLUM CLAIM EXCEPTION TO 9B ¶1. (SBU/N) Colombian nationals listed below applied for an immigrant visa at Embassy Bogota on 01-OCT-2008. However, on their last trip to the United States, the subjects stayed for over seven years from Jan. 2001 until June 2008, even though they were only authorized to stay for six months on a tourist visa. During the period the subject was in the United States, they applied for and were denied asylum. ¶2. (SBU/N) Post requests that DHS Headquarters Office of Asylum determine the bona fides of Mr. Murillo and Ms. Maya Lastra,s asylum applications for purposes of the bona fide asylum claim exception to inadmissibility under INA 212(a)(9)(B). ¶3. (SBU/N) A summary of their case follows: The alien,s complete name, date of birth, and &A8 number: Martha Luz Maya Lastra, 09 Apr 1955, A12408884 Gustavo Adolfo Murillo Cardenas, 14 Oct 1955, A79289979 When and where the aliens lived in the United States: 15 Manor House Ct, Holyoke, MA 01040 ) December 2006 to June 2008 381 Springside Avenue, Pittsfield, MA 01201 ) June 2004 to December 2006 5239 South Deselm Way, Boise, ID 83716 ) June 2001 to January 2004 When and where the alien filed the asylum application: The subjects filed the asylum application on or around May 21, 2001 in Chicago, Illinois. It is known that the subjects were in removal proceedings and voluntarily departed on February 27, 2008. Whether the aliens worked in the United States, and whether INS had authorized such employment, and if so, what type of authorization documents the alien had been given: Both aliens admit that they were employed at dental clinics from March 2001 through June 2008. It is not known whether they had employment authorization. NICHOLS