Applying asylum while in illegal status

[thankful]

clotty & cchong,
i have read the instruction from uscis about applying asylum and it's true that if we are in legal status and uscis denied our application then we don't have to face the removal proceeding/IJ, we can start the process of appealing the application. but if we are in illegal status and uscis denied our application then we have to face IJ to determined if we have to be deported from the country. i'm planning to meet with a lawyer in nyc for initial consultation. anybody knows other good lawyer in nyc or boston (i actually live in boston)?

When you are in lawful status and asylum is denied by the Asylum Office, there is no formal appeal from that denial. You could always file a motion to reconsider or informally approach HQ, but there is no appeal. You can appeal only an IJ'd decision to the BIA.

 

[SINNERSROOM]

clotty & cchong,
i have read the instruction from uscis about applying asylum and it's true that if we are in legal status and uscis denied our application then we don't have to face the removal proceeding/IJ, we can start the process of appealing the application. but if we are in illegal status and uscis denied our application then we have to face IJ to determined if we have to be deported from the country. i'm planning to meet with a lawyer in nyc for initial consultation. anybody knows other good lawyer in nyc or boston (i actually live in boston)?

if you apply for asylum in any legal status . it is called affirmative asylum claim . if they deny your asylum . they will send you rebutal .you will have 2 weeks for respond to USCIS .

 

[slim215]

thankful & SINNERSROOM,
After we respond to USCIS and they finally denied our application then we can appeal? Or if we file a motion to reconsider and they, again, denied our application, is that time for us to appeal? Or did they use another term? I'm just trying to learn the legal language that normally been use in this asylum country.

 

[thankful]

thankful & SINNERSROOM,
After we respond to USCIS and they finally denied our application then we can appeal? Or if we file a motion to reconsider and they, again, denied our application, is that time for us to appeal? Or did they use another term? I'm just trying to learn the legal language that normally been use in this asylum country.

There is no administrative appeal of a denial of asylum by the USCIS.

What people do sometimes is to wait until their status expired (and therefore become illegal) and the USCIS place them in deportation proceedings. Then they can apply for asylum again before the immigration judge. If denied they can appeal to the BIA in Washington.