My case is moving too fast - NEED HELP!

N

nick_b

Registered Users (C)
Hi
Here is some history about my case.
I came in the USA with a tourist visa dec. 28 2006. My I-94 was good for 6 months and i applied for extension for another 6 months. I got my approval too late almost at the end of the extra 6 months. I have decided long time before that that i can't return to my home country because of serious problems there. So i prepared the documents needed for asylum application and sent them. I had my interview on the 31st of January 2008. Got my answer today and it says that i have not established that i am a refugee based on their criteria, therefore my applicaion has been referred to an immigration judge for adjudication in removal proceedings ....

I have to appear before the judge on march 4th 2008.

1. Isn't that too soon?
I read a lot of postings here of people waiting months and even years to appear before a judge.
2. What shall i do now? I have an attorney who helpped me with the application form - shall i take him with me when i go meet the judge?
3. Is he the one who is going to do the talking before the judge?
4. Is it going to be like trial or it is similar to the interview i had at the USCIS?
5. Will the judge take under consideration my first interview with the USCIS?
6. How long do i have to wait for an answer or they will give me the answer immediately there?
7. If they deny me an asylum what else could be done - can i appeal the decision?
8. And if i have to leave the country - how much time would i have to do it?

Thanks a lot and i really hope to get some answers to my questions because i don't have anybody i could ask for help.
 
nick_b said:
Hi
Here is some history about my case.
I came in the USA with a tourist visa dec. 28 2006. My I-94 was good for 6 months and i applied for extension for another 6 months. I got my approval too late almost at the end of the extra 6 months. I have decided long time before that that i can't return to my home country because of serious problems there. So i prepared the documents needed for asylum application and sent them. I had my interview on the 31st of January 2008. Got my answer today and it says that i have not established that i am a refugee based on their criteria, therefore my applicaion has been referred to an immigration judge for adjudication in removal proceedings ....

I have to appear before the judge on march 4th 2008.

1. Isn't that too soon?
I read a lot of postings here of people waiting months and even years to appear before a judge.
2. What shall i do now? I have an attorney who helpped me with the application form - shall i take him with me when i go meet the judge?
3. Is he the one who is going to do the talking before the judge?
4. Is it going to be like trial or it is similar to the interview i had at the USCIS?
5. Will the judge take under consideration my first interview with the USCIS?
6. How long do i have to wait for an answer or they will give me the answer immediately there?
7. If they deny me an asylum what else could be done - can i appeal the decision?
8. And if i have to leave the country - how much time would i have to do it?

Thanks a lot and i really hope to get some answers to my questions because i don't have anybody i could ask for help.
Click to expand...

If your case is genuine then you should be glad things are moving fast.
 
nick_b said:
Hi


...........I have to appear before the judge on march 4th 2008.

1. Isn't that too soon?
I read a lot of postings here of people waiting months and even years to appear before a judge.
NO, THINGS HAVE CHANGED. YOU SHOULD BE GLAD

2. What shall i do now? I have an attorney who helpped me with the application form - shall i take him with me when i go meet the judge?
YES YOU NEED AN ATTORNEY TO APPEAR BEFORE A JUDGE

3. Is he the one who is going to do the talking before the judge?
IT THINGS HAVE NOT CHANGED THE FIRST STEP IS TO TELL THE JUDGE YOU WILL CONTINUE WITH THE CASE AND THAT YOU HAVE A LAWYER. (YOUR LAWYER WILL TALK FOR YOU).

AFTER THIS THE JUDGE WILL GIVE YOU A NEW DATE. IN THIS ONE A FISCAL WILL ASK YOU QUESTIONS ABOUT YOUR CASE. YOU HAVE TO CONVICE THEM (JUDGE AND FISCAL) YOU CAN NOT COME BACK TO YOUR COUNTRY.

4. Is it going to be like trial or it is similar to the interview i had at the USCIS?

SEE MY ANSWER FOR #3

5. Will the judge take under consideration my first interview with the USCIS?
MAYBE, BUT THIS IS LIKE STARTING FROM ZERO.

6. How long do i have to wait for an answer or they will give me the answer immediately there?

USUALLY THE JUDGE WILL GIVE A VERDICT AT THE END OF THE TRIAL

7. If they deny me an asylum what else could be done - can i appeal the decision?
YES, YOU CAN APPEAL BUT IT WILL TAKE LONG TO GET A DECISION

8. And if i have to leave the country - how much time would i have to do it?

NO SURE, I THINK 30 DAYS. BUT IF YOU APPEAL YOU CAN STAY
Click to expand...

I ANSWERED YOUR QUESTIONS ACCORDING TO MY EXPERIENCE, BUT I THINK YOUR LAWYER WILL BE THE BEST TO ANSWER ALL THESE QUESTIONS. OR OTHER MEMBERS OF THE FORUM CAN CORRECT ME OR ADD MORE INFO
 
Thank you very much for the fast and detailed answer - it really helps me.

I will appreciate any other comments

Thanks again
 
were you in legal status when you had your asylum interview and also when you got your decision?

you have lawyer ready so it's good you got court hearing fast, it's possible judge may call your lawyer and tell him come in court 6 months from now if he s busy.

there will be two hearings, firts is just like a brief apperance and maybe 2 questions.
and then after that, maybe 1, 2 or 6 months later, judge will ask you to come for next hearing.
second is called invividual hearing, that's when you will be grilled by your lawyer and gov lawyer too. if judge favors you, you will be granted asylum by judge at the end of hearing.


pls tell me what was your status when you got interview and when you got decision from asylum office?

my bro in tourist visa and expires next month, he applie for visa after 2 months of arrival and got interview in dec 2007 and so far for over 2 months, he got no decision from asylum office. we sent inquiry letter but that said they are reviewing the case sill.
 
jonny1 said:
were you in legal status when you had your asylum interview and also when you got your decision?

you have lawyer ready so it's good you got court hearing fast, it's possible judge may call your lawyer and tell him come in court 6 months from now if he s busy.

there will be two hearings, firts is just like a brief apperance and maybe 2 questions.
and then after that, maybe 1, 2 or 6 months later, judge will ask you to come for next hearing.
second is called invividual hearing, that's when you will be grilled by your lawyer and gov lawyer too. if judge favors you, you will be granted asylum by judge at the end of hearing.


pls tell me what was your status when you got interview and when you got decision from asylum office?

my bro in tourist visa and expires next month, he applie for visa after 2 months of arrival and got interview in dec 2007 and so far for over 2 months, he got no decision from asylum office. we sent inquiry letter but that said they are reviewing the case sill.
Click to expand...

Hi and thanks for the answer. I was in legal status till december 27th 2007, so when i went for the interview i was already out of status. At the end of the interview they gave me a sheet with a date on it come back and pick up my answer. I told them i couldn't come on that date and asked for the result to be mailed to me - and that's what they did. Got it 2 weeks later in my mail .
 
As jonny1 said that there are usually two hearing. 1st is the brief appearance and the 2nd individual hearing. As the judge is going to set a new date for the individual hearing during brief appearance what will be the clock situation of the 180 days required to apply for employment authorization document? Will it stop or continue counting?
 
Will i need an attorney for the first brief hearing or they will contact him on the phone to set a date suitable for him and the immigration judge for the individual hearing?
I am sorry for asking these questions but it is because i can't get in touch with my attorney right now and i want to be prepared in time - not to wait till the last moment

Thanks
 
nick_b, since you were reffered on the basis that you never established that you are not a refugee base on their criteria, I would like you to re-examine you case base on these steps before looking for a lawyer and a good one ofcourse:

Accordingly, it is the applicant's burden to establish that:
(1) she or he possess (or is believed to possess) beliefs or characteristics the persecutor seeks to
overcome in others;
(2) the persecutor is already aware, or could become aware, that she or he possesses these beliefs or
characteristics;
(3) the persecutor has the capability of persecuting the applicant; and
(4) the persecutor has the inclination to persecute the applicant.
See Matter of Mogharrabi, 19 I&N Dec. 439 (BIA 1987).

Once you have been reffered to the immigration judge its always good to meet the judge with your lawyer at any one time and not alone. On your Notice To Appear (NTA) didn't they write the date and time you have to meet with the judge?
 
nick, know why? u got rejected cos u were illegal when you applied for asylum.

everyone who is illegal when applying for asylum and has fair case are rejected by asylum officer and refered to judge.
 
jonny1 said:
nick, know why? u got rejected cos u were illegal when you applied for asylum.

everyone who is illegal when applying for asylum and has fair case are rejected by asylum officer and refered to judge.
Click to expand...

How can you possibly make such a baseless statement like that? Who knows what goes on in the mind of the immigration officer. If you have a fair case, why would you be rejected??? I know a few people who were illegal when they applied for asylum and were NOT referred to a judge. Think before you start typing...

OH yeah..and also...Please stop telling the whole world about your "bro" in every single post!!! WE GET IT.....YOU'RE STILL WAITING....YEEEESHH!!!
 
Blute said:
Once you have been reffered to the immigration judge its always good to meet the judge with your lawyer at any one time and not alone. On your Notice To Appear (NTA) didn't they write the date and time you have to meet with the judge?
Click to expand...

Yes i have a date to appear before an immigration judge - it is in two weeks.
I hope the individual hearing won't be delayed too much.
Will keep you guys posted

thanks a lot for all your answers
 
asylee, it seems that you are so eager to throw out mud before you learn the facts about asylum cases. the law says, if you have credible fear of return to your country and you were out of status when you filed your asylum, the case needs and will be refered to a Judge. it is as simple as that. if you have credible and good story and you were not out of status, you might be approved for asylum.

now that's what it says in asylum guidelines . Cmon I really pity you for using attack machine first without studying the case and finding inconsistancies.

that's not the way to defeat someone wisely in life. if you don't know something, how can you say to others what you said is wrong?

anyway, be smart my freind.




if someone is illegal and have no credible fear, that can mean whole asylum case is fraud and applicant might be jailed for fraud. below is why people get refered to Judge,

here is what the law says, on USCIS.GOV

U.S. “Defensive” Asylum Processing with EOIR
Immigration Judges with the Executive Office for Immigration Review (EOIR) hear asylum applications only in the context of “defensive” asylum proceedings. That is, applicants request asylum as a defense against removal from the United States. Immigration Judges (IJs) hear such cases in adversarial (court-room-like) proceedings: the IJ is the judge that hears the applicant’s claim and also hears any concerns about the validity of the claim raised by the Government, which is represented by an attorney. The IJ then makes a determination of eligibility. If the applicant is not found eligible for asylum, the IJ determines whether the applicant is eligible for any other forms of relief from removal and, if not, will order the individual removed from the United States.

Aliens generally are placed into defensive asylum processing in one of two ways:

they are referred to an IJ by Asylum Officers who did not grant asylum to them, or
they are placed in removal proceedings because they
are undocumented or in violation of their status when apprehended in the U.S. or
were caught trying to enter the U.S. without proper documentation (usually at a port-of-entry) and were found to have a credible fear of persecution or torture.

again look at what it says,

they are referred to an IJ by Asylum Officers who did not grant asylum to them, or
they are placed in removal proceedings because they
are undocumented or in violation of their status when apprehended in the U.S. or
were caught trying to enter the U.S. without proper documentation (usually at a port-of-entry) and were found to have a credible fear of persecution or torture.
 
Jonny,

You need more knowledge to UNDERSTAND the law.
What you say IT IS NOT TRUE. An asylee can be approved for asylum wether his visa expired or not, wether he is on status or not.

AND of course undocumented aliens will be referred to an IJ if their asylum gets denied, thats how it suppossed to be.

But what you are understanding is that ANYBODY WHO APPLY FOR ASYLUM and has a expired visa or is out of status will be referred to an IJ, barring a possibility of being approved. This statement is not true.

If you dont believe us, go ahead and pay for a lawyer consultation.
 
Last edited by a moderator:
i applied for asylum, my sister, her 5 freinds, their freinds, my freinds in new york, california and boston, i have checked with like 20 different people who got asylum.

some got from asylum some from AO, majority from judge cos they were refered to judge as they went out of status.

myself got asylum from judge within 15 mins cos judge said u got veyr good case and the good things said about my case in referal notes of asylum. i too got copy of that from my lawyer. when i applied, i was out of status. when my close ones applied who got from AO they were legal but close to visa expiry.

and also look at what it says above about asylum on USCIS.GOV

few may be approved from AO with good case and being illegal, but majority gets refered or denial.
remember sometimes, undocumented and illegal are same thing. if yous visa is expired, you are undocumented too.

foreign documents don't count u in USA as legal, you need USCIS authorization papers to be documented in USA.

i backed up my claim from USCIS.GOV

what's urs?

you said not true? how? back up please

thanks
 
Last edited by a moderator:
I have another question - hope you can help me again
I have an attorney and i have arranged with him to meet at the court before the immigration judge.
My question is - what will happen if my attorney doesn't appear at the court. Am i in trouble or they will reschedule that initial appering before the immigration judge

Thanks
 
jonny1 said:
asylee, it seems that you are so eager to throw out mud before you learn the facts about asylum cases. the law says, if you have credible fear of return to your country and you were out of status when you filed your asylum, the case needs and will be refered to a Judge. it is as simple as that. if you have credible and good story and you were not out of status, you might be approved for asylum.

now that's what it says in asylum guidelines . Cmon I really pity you for using attack machine first without studying the case and finding inconsistancies.

that's not the way to defeat someone wisely in life. if you don't know something, how can you say to others what you said is wrong?

anyway, be smart my freind.




if someone is illegal and have no credible fear, that can mean whole asylum case is fraud and applicant might be jailed for fraud. below is why people get refered to Judge,

here is what the law says, on USCIS.GOV

U.S. “Defensive” Asylum Processing with EOIR
Immigration Judges with the Executive Office for Immigration Review (EOIR) hear asylum applications only in the context of “defensive” asylum proceedings. That is, applicants request asylum as a defense against removal from the United States. Immigration Judges (IJs) hear such cases in adversarial (court-room-like) proceedings: the IJ is the judge that hears the applicant’s claim and also hears any concerns about the validity of the claim raised by the Government, which is represented by an attorney. The IJ then makes a determination of eligibility. If the applicant is not found eligible for asylum, the IJ determines whether the applicant is eligible for any other forms of relief from removal and, if not, will order the individual removed from the United States.

Aliens generally are placed into defensive asylum processing in one of two ways:

they are referred to an IJ by Asylum Officers who did not grant asylum to them, or
they are placed in removal proceedings because they
are undocumented or in violation of their status when apprehended in the U.S. or
were caught trying to enter the U.S. without proper documentation (usually at a port-of-entry) and were found to have a credible fear of persecution or torture.

again look at what it says,

they are referred to an IJ by Asylum Officers who did not grant asylum to them, or
they are placed in removal proceedings because they
are undocumented or in violation of their status when apprehended in the U.S. or
were caught trying to enter the U.S. without proper documentation (usually at a port-of-entry) and were found to have a credible fear of persecution or torture.
Click to expand...

CCordova64, you are being wayyy to nice to call out Jonny1 for being the ignoramus that he is...

And as for you Jonny1:

Don't tell ME to be smart when you are obviously mistaken. I'm not "throwing out mud," just correcting the WRONG information that you are posting. You need to look at what YOU are saying. Just because you pretend that you have 20+ so called friends who went through the defensive asylum process in multiple states does not make you right. It does not make you an expert on immigration law either.

You originally stated:

"nick, know why? u got rejected cos u were illegal when you applied for asylum.

everyone who is illegal when applying for asylum and has fair case are rejected by asylum officer and refered to judge. "

Then you post the following:

"some got from asylum some from AO, majority from judge cos they were refered to judge as they went out of status."

You are refuting what you said originally which I called you out on. Just because you cut and paste from the USCIS website also does not make you right. And also, just because you copy and paste the same information AGAIN to make a point does not make you right either.

If you are undocumented and apply for Asylum, it is not MANDATORY that you undergo Defensive Asylum. It is POSSIBLE for you undergo Affirmative Asylum, have your case approved by the Immigration Office and for you to receive your final grant of asylum without ever seeing an Immigration Judge. By copying and pasting the information that you have posted proves NOTHING.

Put THAT in your crack pipe and smoke it.
 
asylee, whether I cut and paste or whatever you say to me, what I have copied and pasted here from USCIS.GOV about asylum is the best source of info on US asylum system. If you say the the info n USCIS.COM is wrong, you are out of your mind or out of reality. it's source of immigration info, all immigration lawyers and gov lawyers.

Its not some private lawyer site. it is best site and most accurate source of info and all immigration cases.

It's created by US goverment, the department of homeland security. Got it? It's not my lawyer or some pro bono's website.

Don't say such silly.

Every other sites on asylum will say the same thing that if you have credible fear at interview with AO and you are illegal- meaning out of status , case will be refered to Judge. there maybe some cases where one got asylum from AO on that but majority gets refered to Judge simply cos of documentation suspision or out of status or simply no documentations.


out of status, illegal are same thing. if you are out of status, u r illegal and you are undocumented allian.

Every asylum applicant will start from AO and then if rejected, will be refered to an Immigration Judge. Who is saying that's not the way?

Read and know the facts about asylum system, before you put some info here that you maybe thinking will help others.

opinion doesn't matter, Facts matter!
 
Last edited by a moderator:
jonny1 said:
asylee, whether I cut and paste or whatever you say to me, what I have copied and pasted here from USCIS.GOV about asylum is the best source of info on US asylum system. If you say the the info n USCIS.COM is wrong, you are out of your mind or out of reality. it's source of immigration info, all immigration lawyers and gov lawyers.

Its not some private lawyer site. it is best site and most accurate source of info and all immigration cases.

It's created by US goverment, the department of homeland security. Got it? It's not my lawyer or some pro bono's website.

Don't say such silly.

Every other sites on asylum will say the same thing that if you have credible fear at interview with AO and you are illegal- meaning out of status , case will be refered to Judge. there maybe some cases where one got asylum from AO on that but majority gets refered to Judge simply cos of documentation suspision or out of status or simply no documentations.


out of status, illegal are same thing. if you are out of status, u r illegal and you are undocumented allian.

Every asylum applicant will start from AO and then if rejected, will be refered to an Immigration Judge. Who is saying that's not the way?

Read and know the facts about asylum system, before you put some info here that you maybe thinking will help others.

opinion doesn't matter, Facts matter!
Click to expand...


There is either a language barrier or more likely a learning disability preventing you from comprehending what you are trying to communicate.
 
asylee, if you can provide some factual info and asylum decisions, that would be good.

Otherwise, people don't need your own opinions about immigration laws. U don't have to say anything unlesss you know what you actually have to say about other's questions on asylum.

I have presented here factual information from US gov website on asylum and your answer is you are this you are that.

Let's focus on factual answers.

Opinion doesn't matter! fact matters!
 
You must log in or register to reply here.
Top