For an affirmatively filed asylum application, the asylum application is filed with a USCIS Service Center having jurisdiction over asylum cases in the state in which the applicant resides. NOTE: This is not necessarily the same service center for processing general immigration matters for this state. After being filed at the Service Center, the application is forwarded to a local asylum office that will schedule the applicant for an interview with an asylum officer, usually within 30 days of receiving the application.
The applicant will be questioned about his asylum claim during the interview. If the applicant does not speak English, a friend, relative, or interpreter may accompany him to the interview to translate. The applicant may also have an attorney present with him during the interview. At the end of the interview, the applicant is usually asked to return to the asylum office on a certain date to get the decision of the case. For an application in response to removal proceedings, the asylum application is filed in the immigration court hearing the removal proceedings.
A hearing will be set for the judge to hear evidence in support of and against the asylum application. An interpreter will be provided by the court if needed. An attorney for the government will be present and will have the right to ask questions and argue against a granting of asylum.
After all evidence and arguments are heard the immigration judge will decide whether or not to grant asylum. A: It is very important to understand that the person making a decision on your asylum claim may not be familiar with your country or the political and social circumstances there. As a result, asylum claims are decided based primarily on the evidence submitted as well as on the credibility of your written and oral statements.
If you do not provide very detailed information in a well-organized manner, your claim for asylum will likely be denied, even if you have a genuine fear of persecution in your country. Moreover, time is of the essence in asylum applications. Because of the time limits on filing an asylum claim, it is important to begin as early as possible the preparation of your application and the evidence that will be submitted in support of your application.
A: No. If you are not fluent in English, you will need to provide a translator over the age of 18 who is not your attorney or your witness. If you do not provide a proper translator for your interview, it will result in a determination that you did not appear at your hearing.
A: If your case is approved by the asylum officer and you remain in the U. A: Yes, only physical presence in the United States is required. A person who is out of status may obtain legal status if granted Asylum. The only problem is that if the Asylum application is denied, the alien will be placed in removal proceedings.
A: Yes, anyone physically present in the United States may file for Asylum. If asylum is granted, the alien will receive a new status, Asylee. If asylum is denied, the alien will be returned to whatever legal status he or she would otherwise have.
CAUTION, if your status expires, by the time of your asylum interview, then you will be placed in removal proceedings unless the asylum interviewer determines that you should be given asylum. A: In addition to the actual asylum application form itself, most successful asylum applications usually contain hundreds of pages of supporting documentation, including newspaper articles; statements by country experts; reports from government and human rights organizations; and affidavits from the applicant and from the applicant's family, colleagues, or friends.
As you can you see, an asylum application is a time-consuming process. This is one of the reasons why we recommend you contact an experienced immigration attorney as early as possible in order to meet the statutorily imposed one-year time limit.
An applicant who leaves the United States is presumed to have abandoned his application for asylum or withholding of deportation. A: Withholding of Removal is purely an alternative relief to be sought while seeking asylum. Everyone would always prefer to seek Asylum, but there are many bars to asylum that do not apply to Withholding of Removal such as the 1 year filing requirement. You only need to prove a well-founded fear of persecution to qualify for asylum.
If you are a member of a group whose members are being persecuted in your home country or country of last habitual residence, you may qualify for asylum on the basis of a fear of persecution in the future.
A: Yes. Asylum and Withholding of Removal can be used to prevent removal, even if one would otherwise be removable. If the Immigration Court finds you to be removable e. If the court rules in your favor, you will not be removed to the country where persecution is alleged.
A: Yes, but your request for asylum will be approved only if you can show one of the exceptions to the one-year filing deadline. Also, there is no one-year filing requirement for Withholding of Removal. A: No, you may seek asylum only if you file within one year of your entry into the United States.
If you have been placed in removal proceedings, you may seek Withholding of Removal. A: Possibly. A prior denial is a basis to deny a new asylum application only if the denial was from an Immigration Court or the Board of Immigration Appeals. If your asylum claim was denied by an Asylum Officer and you were simply returned to your other legal status, then you may still apply for asylum.
A: Yes, if you can claim that you have a well-founded fear of persecution in your home country because of your involvement with Fa Lun Gong. Our office has successfully petitioned for asylum on the basis of Fa Lun Gong.
A: If your asylum claim is denied by the asylum officer, you will be placed into removal proceedings if you are out of status or it is determined that you are otherwise subject to removal. However, we can renew your asylum claim in Immigration Court and have it re-heard by the Immigration Judge.
If your status is current when you filed for asylum, the denial of your asylum will have no effect on your status. A: You will simply be returned to the legal status you had before you applied for asylum. A: Yes, a spouse and minor children who are in the U.
Foreign nationals that do not speak English fluently may find it difficult to complete. Additionally, failing to answer the questions thoroughly may lead to a denial. We have seen asylum applications that were rejected merely because a person did not list their foreign address properly. We have also seen asylum applications that were rejected for not providing the required number of copies.
Failing to provide sufficient evidence — It is never too late to obtain evidence. A knowledgeable attorney can provide you with tips during the interview.
Asylum applicants may not know how much to disclose or the purpose of the interview, which could lead to an asylum denial. Failing to hire an attorney or a new attorney — Foreign nationals may not be aware that they can hire an attorney even after filing their asylum application. Additionally, foreign nationals may not realize that they can hire a new attorney. If your attorney does not return your calls, has not provided you with a clear strategy, or does not take your case seriously, you have the option of hiring a new attorney to represent you.
Afterward, ask yourself these questions: Is the attorney licensed and eligible to practice law? If your asylum request is not approved, you don't really need to do anything in order to appeal. There, an Immigration Judge IJ will hear your testimony, review your evidence, and make an independent decision as to whether to grant you asylum.
The judge will likely tell you the decision out loud, at the conclusion of your hearing; or might send you a written decision soon after. You would need to file this appeal by mail within 30 calendar days of the IJ's oral decision. It will instead review the transcript of your hearing before the IJ, the written evidence you submitted to the court, and the IJ's decision, to see if the IJ made an error.
You do not need to appear in person, and you cannot submit new evidence unless it was unavailable before. For best results, however, you will want to have a lawyer draft a brief and fill out the proper forms, giving specific reasons why the IJ's decision was contrary to the law or inappropriate given the facts of your case. If the BIA decides that the IJ made an error in denying your claim, it will either grant you asylum or order that the IJ hear the case again.
Expect to wait a long time for the BIA's decision. The average wait for noncitizens not in detention is usually at least a year. If the BIA denies your asylum appeal, your next possible step is to file an appeal with the U. Circuit Court of Appeals a federal court serving the part of the U. Here again, your lawyer will want to prepare a brief explaining why the BIA's decision was wrong or an abuse of discretion. If the court selects your case for "oral argument," your lawyer will need to present it in court, before a panel of judges.
You, however, will not be expected to appear or testify again, and nor will your witnesses. You cannot submit new evidence. Unfortunately, you will probably wait a long time for the circuit court's decision. Three or more years is typical, depending partly on region of the United States. The court may either grant asylum or send the case back to the immigration judge with instructions on how to proceed.
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