You could be barred from returning to the US even if you marry a US citizen. The applicant needs to demonstrate that he or she has a fear of future persecution on account of race, religion, nationality, political opinion or membership to a particular social group. %���� o. 3 0 obj Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour). It is best for you to apply for asylum before you are placed into removal proceedings, rather than afterward — overall, your chances of approval are significantly better if your claim is affirmative rather than defensive. APPLYING FOR ASYLUM IN IMMIGRATION COURT (EOIR) Over the last 30 years, our lawyers have represented many individuals in immigration court known as the Executive Office of Immigration Review (EOIR). If you claim asylum at a US port of entry and your claim is judged “not credible” by US immigration officials, you will remain in detention until you are removed from the US (very soon afterward following expedited removal proceedings), and you will have no chance for an immigration court hearing. The asylum application and supporting documents must be filed by the date the IJ sets during your MCH (normally at least 15 days before your Individual Merits Hearing): A COS is a short form that states that you had provided the DHS trial attorney with a copy of your filing. According to a study conducted by Syracuse University, over half of the asylum claimants who were represented by attorneys saw their claims approved, while only about 10 percent of unrepresented claimants were successful in winning asylum. endobj If your claim is affirmative, the USCIS must schedule your initial interview within 45 days after your application filing date, and it must reach a decision within 180 days after that date. Your individual Merits Hearing will last several hours, and might even be scheduled for several separate hearings, depending on the amount of information you and the DHS trial attorney need to present. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 11 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Application for Asylum and for Withholding of Removal. To qualify for legal residence under US asylum law, you must first qualify under the legal definition of “refugee”, even though you are present in the US. When the Affirmative Asylum case is not approved by the Asylum Officer, do not loose hope. Asylum applications filed in court must be submitted at a hearing, in open court, within one year of the client’s most recent entry to the United States . �ɳ<8[L��մ�Kx�Zl�_NY9Y���wx/{�M��fZNZl-E�����S�O.7@�|�'���s�b�zH{�v�[=�J����Mg\16���`��i�8 �N�l. You have several options for how to do so. §§ 208.2(b), 1208.2(b). Also, if you do not understand something, tell your attorney or the IJ that. If you file an affirmative asylum claim, the USCIS will send you an interview date within 21 days after the date that you submit Form I-589. § 208.2. You can show extraordinary circumstances that justify your delay in submitting your application. What do I have to prove to the judge to obtain asylum? If the BIA rules against you, you can appeal to the US Court of Appeals. • The chances of obtaining asylum are greater if the application is filed within one year (365 days) from the applicant's entry into the United States. Do not be intimidated. You may either submit it at the court’s window in-person, by mail, or in open court. Second, an asylum clock starts running either from the date when the asylum application is filed with the Court or DHS, or lodged, whatever earlier. (1) A clear copy of the first three pages of your completed Form I-589 (Application for Asylum and for Withholding of Removal) that you will be filing or have filed with the Immigration Court, which must include your full name, your current mailing address, and your alien number (A-number). To maintain an affirmative asylum claim, you must submit your application within one year of the date of your most recent arrival in the US. Make sure to be honest, detailed, and consistent with your application. You can also bring your attorney with you. your refusal to submit to coercive population control measures such as forced abortion or involuntary sterilization. Sometimes, however, the judge will take several weeks to issue a written decision on your asylum case. Who Can and Can’t Change Their Nonimmigrant Status? Leaving the US could be problematic, however, if you have spent more than 180 days in the US in unlawful status. <>>> Another factor to consider when thinking about hiring an attorney is that an experienced immigration attorney might have worked in the past with the DHS attorney assigned to your case. B��G&�J��y@.y�ZȾ����_j���I�����8ye|��gCW�e�J��' t,n�e-�f�/N� o�Y�R��]̡�X���K����˘�y6�~!r�N. It is usually better to marry first and never apply for asylum in the first place. However, if you are requesting asylum for the first time in removal proceedings, you will have to file your asylum application in court. 117 0 obj <> endobj He or she might be able to consult effectively with the DHS attorney to narrow down some of the issues in your case. If you have previously filed an asylum application, you will be able to file an amended I-589 Form, and any additional supporting documents or witness declarations if you choose to do so. If the client’s next Master Calendar hearing falls after the one-year filing deadline and no asylum application has been previously filed (e.g. If you are a member of CASA or ASAP, you must submit proof of membership with each individual Form I-589 or Form I-765 based on an asylum application to benefit from limited injunctive relief under Casa de Maryland et al v. Chad Wolf. If the court orders you removed, you can appeal the decision to the Board of Immigration Appeals (BIA). You can bring witnesses, and you will likely be questioned along with your witnesses. • The asylum application should include declarations from the applicant and other witnesses and other detailed information as to why the applicant fears returning to his home country. In other words, you must prove that you are unable or unwilling to return home because of persecution or a well-founded fear of persecution that is based on: That’s a mouthful of legalese. If this is the case, you should make sure that the information provided in Form I-589 is consistent with your previous submission. It does have helpful tips on preparing your I-589, your declaration, and corroborating documents.