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Asylum interview result: refer to court. Help!

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  • Asylum interview result: refer to court. Help!

    I'm a female immigrant. I did my asylum interview after around 4 weeks from filing the application and in the interview they asked me to come in two weeks so I collect my result as my visa were already expired. My attorney was very optimistic about the case and gave me big hope that i will be granted asylum from the interview. I had been refereed to court. My master hearing is three weeks from the referring decision. But the judge i'm suppose to be under is being transfered to a different state and my attorney doesn't know who is my new judge yet. My attorney is not giving me hope that my court will be soon, saying if I'm lucky it will be end of 2011 if not beginning of 2012. He is really good and big % of people thinks he is the best and I actually came to his office recommended by a friend in the 1st place. I don't blame him for the result we ended with but now I feel hesitated to take it further with him. It is a new contract and lots of money tho. I'm just not sure if i should trust him or not, specially now things went to court.

    The other thing, does any one have an estimation really about when my court will be? especially my master hearing came fast compared to other people i heard about having my same situation? Is it really going to be that far?

    The asylum hotline advised me that i can only get sort of financial support after granted asylum. Does any one think I can get any kind of a such while case pending?
    Last edited by aa0; 18th December 2010, 09:39 PM.

  • #2
    sorry but it might take at least a year for final result from court or from judge. for me it took me 2 yrs. they delayed by 6 months few times. getting refered to court doesn't always mean you are deniable!

    also most, majority or about at least 55% of asylum case are never won from asylum office. yes they offer refugee assistance only once you are given final approval from asylum office or final grant from judge and goverment lawyer doesn't appeal it.
    Last edited by jonny1; 19th December 2010, 05:32 AM.

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    • #3
      At this point there is nothing you could do but wait. As jonny1 said, you'll have better chances in court especially if you have a good lawyer. First, is the master hearing in which you'll be given date for an individual hearing at which you'll get a chance to present your case anew. The individual hearing is usually a 6mos-1 year or more from the master hearing as judges have tons of work. Instead to worry about dates put an effort to collect any additional info, evidence, and witnesses in regard of your asylum claim, the more you prepared the the bigger the possibility of being granted. Talk to your attorney in detail what more can be collected and presented in court so it would be sufficient this time.
      If you think the lawyer you have now is not good enough look for another one. I had my master hearing shortly after I was referred to court and after the hearing I went ahead and fired my attorney and hired new one. My new attorney prepared entirely new asylum affidavit for me, and was pushing me all the time form more and more and more info, and all this helped me win my asylum. The judge never bother with the statements and affidavits from the original interview I had at the AO.

      Again, look at this as a start from the beginning and do not worry about time (look at my signature, if I had to worry about time I would've gone crazy). Yes, it is more expensive but it is your future at stake here.
      Asylum Filed 11/2002.................I485 sent 10/2009
      Referred to IJ 08/2005...........I485 approved 12/2009
      First IJ hearing 06/2007.......12/14/2009 welcome letter received
      Second IJ hearing 10/2008 .....12/15/2009 card in hand
      Asylum granted 10/2008......Resident since 12/2008

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      • #4
        Hi! You cannot receive any benefits while your case is pending. You can only receive them if you are granted asylum. Now, the presence of your lawyer is especially important since you have been referred to court. You will not be able to do things on your own during these complicated hearings.

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