Asylum application

A

artan26

Registered Users (C)
hi guys!

3 weeks ago I had an interview with an immigration officer about my asylum application. I got denied, so I was referred to the immigration judge. My master hearing is scheduled this week and I wondered if someone could advise me what will happen at that hearing. I cannot afford an attorney, so I am appearing on my own, and is that a risky decision of being deported?
Any help is appreciated!!!
 
Please get an attorney !!!!!

artan26 said:
hi guys!

3 weeks ago I had an interview with an immigration officer about my asylum application. I got denied, so I was referred to the immigration judge. My master hearing is scheduled this week and I wondered if someone could advise me what will happen at that hearing. I cannot afford an attorney, so I am appearing on my own, and is that a risky decision of being deported?
Any help is appreciated!!!
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Artan, I understand attorneys cost money but trust me it's way too risky defending yourself in the court without an attorney's help. You have to understand this removal proceedings last only 35/40 minutes & that's all time you got to convince the judge about your case. If for some reason judge has any doubt about your case he/she can easily deny your case & once a case got denied by a judge it's more or less impossible to over turn it in your favor.
So I must recommened please try to hire a lawyer & not just a lawyer but try to find a reputable one who has good experience on this asylum issue & I bet you'll see the difference. I understand we seek asylum for obvious difficulties we been through in our own country & think if I can explain that to the judge he/she must listen & understand our pains & sufferings but don't forget in that court proceeding there would be another immigration attorney present who's job is to cross examin you with many questions to find out you don't deserve asylum. And if you are by yourself who knows you may say something which could go completely againist your favor.
So please don't even give that a second thought but hire an attorney. Now you could say some people tried that & success but trust me that's seldom & don't even count that as a fact. Exceptions are always there but that cannot be a fact.
Atique.
 
artan26 said:
hi guys!

3 weeks ago I had an interview with an immigration officer about my asylum application. I got denied, so I was referred to the immigration judge. My master hearing is scheduled this week and I wondered if someone could advise me what will happen at that hearing. I cannot afford an attorney, so I am appearing on my own, and is that a risky decision of being deported?
Any help is appreciated!!!
Click to expand...


Yes appearing in deportation without counsel is very very risky. Statistically people represented by attorneys have a much higher chance of winning their cases. Given the political climate these days, your hearing before the judge is for all intents and purposes your last shot.

Most immigration attorneys have payment plans which make hiring them feasible. You can also ask if there are any charity groups or law school clinics in your area interested in taking your case for free or a nominal fee.

In very general terms, here is what happens at a master calendar hearing--the judge will ask you if you admit that you are deportable (that is you are here illegally and cannot stay), ask you which country you want to be deported to if deportation is the outcome at the end of the process and if you want to continue your asylum application and if you can file other applications. If you tell the judge that you want to apply for asylum, she will schedule you for an individual hearing at some point in the future. During the individual hearing they will decide your need for asylum. You will be dealing with the judge and an attorney who will be there on behalf of the Department of Homeland Security to prosecute you.

My final advice is get an attorney.
 
Good Advice Atique

It would be really tough being ur own defender in front of IJ. Unless you are mentally prepared to face the worst, don't go for it. Please hire a good Asylum attorny and see what happens. I had a friend in a similar situation but in his case Immiration Judge didn't show up for some medical reasons and he was approved automatically. He recently bacame a U.S Citizen. But you can't really count on that.
 
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Thanks so much for your advice guys!!!! Since my hearing is scheduled in such a short notice, I will have to appear on my own and deny any charges and options to return voluntarily to my own country. As I understood, then the judge will schedule me an individual hearing for which I would definitively have to save and get an attorney! Is it possible to arrest and detain me during my master hearing without allowing me an individual hearing ??
 
artan26 said:
Thanks so much for your advice guys!!!! Since my hearing is scheduled in such a short notice, I will have to appear on my own and deny any charges and options to return voluntarily to my own country. As I understood, then the judge will schedule me an individual hearing for which I would definitively have to save and get an attorney! Is it possible to arrest and detain me during my master hearing without allowing me an individual hearing ??
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You don't need to say anything to the judge except that you want to hire a lawyer and are looking for one now and the hearing will be rescheduled.
You definitely won't be arrested in the court room.

Good luck!
 
I understand that after 150 days of filing the I-589 I am eligible to file the I-765, but will the rescheduling of the court date cause me to lose that privilege. I am deeply counting those days until my eligibility, and I am afraid any rescheduling will cause me to delay or loose that privilege
 
artan26 said:
I understand that after 150 days of filing the I-589 I am eligible to file the I-765, but will the rescheduling of the court date cause me to lose that privilege. I am deeply counting those days until my eligibility, and I am afraid any rescheduling will cause me to delay or loose that privilege
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I-765 is for Employment Authorization, isn't it? I think you will get it anyway.
I have friends whose court hearings lasted for like 2 years and they still had work authorization for that time.
 
Thanks again for you advice!! I am just trying to get more information regarding the procedure at the master hearing! If I deny any charges and voluntary departure and pursue on my own, will the judge be able to detain me or allow me an independent hearing at a later date?
 
There is no doubt that you need to hire a lawer. My court lasted for 4 hours during which I was cross examined hardly and I had a feeling that the court is a kind of inside world of "attorney-judge-prosecutor" which you don't relate to. My attorney was asked some questions by the judge and I even couldn't understand what they were talking about. Actually the lawer is not that expansive and I also know one guy who has been helped by the charity attorney absolutely for free, but it was in D.C.
 
artan26 said:
Thanks again for you advice!! I am just trying to get more information regarding the procedure at the master hearing! If I deny any charges and voluntary departure and pursue on my own, will the judge be able to detain me or allow me an independent hearing at a later date?
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The judge will ask you if you admit that you are a subject to deportation because you overstayed your visa. You should say 'yes'. Remember the IJ starts from a clean slate, so basically he/she will not mention the fact that you had already applied for asylum and was denied by USCIS. Then the judge will ask you if you are seeking any remedies from deportation. You should say 'Political asylum'. Then the IJ will schedule an individual hearing, give you a Notice to Appear with the date and time, a list of sources of free legal representation, and give you warnings in case you don't appear for your hearing. The whole thing will take no more than five minutes. There will be a lot of folks in the courtroom. Don't worry, nobody will take you away, unless there is an arrest warrant on you!
 
I defended myself in court and was successful however I was a second year law student at the time(changed my major to IT). The judge and the BCIS was rather taken by surprised at how well I did my brief, testimony and how knowledgeable I was of the Immigration Act. Reason I had to defend my self was because lawyers either wanted tons of money or the free ones wouldnt take my case because I wasnt from a cetain country or of a certain race. Even the IO who denied my case was cleary bias against my case. I filed a complaint about her in 2004.

But anyways try and find a lawyer because the courtroom can be a nasty place and you want somone who can stand up and fight. Just ask the judge for more time to find a lawyer.
 
artan26 said:
I understand that after 150 days of filing the I-589 I am eligible to file the I-765, but will the rescheduling of the court date cause me to lose that privilege. I am deeply counting those days until my eligibility, and I am afraid any rescheduling will cause me to delay or loose that privilege
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Sadly you are right. If you ask the court to delay a case the 150 day counting for your first EAD will stop. They have a special software that automatically calcuates the time.
 
artan26 said:
Thanks so much for your advice guys!!!! Since my hearing is scheduled in such a short notice, I will have to appear on my own and deny any charges and options to return voluntarily to my own country. As I understood, then the judge will schedule me an individual hearing for which I would definitively have to save and get an attorney! Is it possible to arrest and detain me during my master hearing without allowing me an individual hearing ??
Click to expand...

The only reasons that they would arrest you on the spot would be if (1) you are a terrorist; (2) you are a violent criminal; or (3) if you had been ordered deported before.
 
Artan,

At this point, do not worry about your EAD, get an attorney. Where are you located? I am concerned that; considering your nationality, it is very hard for you to obtain political asylum at this time. Nese ki ndonje pytje konkrete dergoma nje mesazh privat.
 
artan26 said:
hi guys!

3 weeks ago I had an interview with an immigration officer about my asylum application. I got denied, so I was referred to the immigration judge. My master hearing is scheduled this week and I wondered if someone could advise me what will happen at that hearing. I cannot afford an attorney, so I am appearing on my own, and is that a risky decision of being deported?
Any help is appreciated!!!
Click to expand...
Hire a lawyer who can take your case otherwise u will be in big trouble.i think it should be from $1000 to $2000. contact human rights organizations ,churches .they might help you with your legal fees.remember if you have a small violation of immigration law you will be arrested .friend of mine got arrested cause he was working with restricted social sequrity his bail was $5000.check up with law schools there could be some students who might help you out.Look for LIST OF FREE LEGAL SERVICES PROVIDERS in your area.as an example here :(http://www.usdoj.gov/eoir/probono/freelglchtNY.htm)
When you attend a removal (deportation) proceeding, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable attorney that you can find. Why? Because the government will be represented by an attorney who has probably appeared in hundreds, or even thousands, of such hearings. If your attorney is not knowledgeable and experienced, you will be at a distinct disadvantage.
Too many people facing removal proceedings do not take the time to find the best and most experienced attorney to represent them. They look for an inexpensive attorney or, worse yet, appear without an attorney. This is a recipe for disaster. Why? Because you are creating a record before the Immigration Judge. If you lose, and then hire a new (and improved) attorney to appeal the Judge's decision, he will be saddled with the record of proceedings that you, or your inexpensive (and probably inexperienced) attorney, created before the Judge.

The record of proceedings consists of the transcript of the hearing and the exhibits, including copies of any applications submitted on your behalf. If you do not make a good record before the Judge, it may be difficult for your new attorney to win your appeal.

The Board of Immigration Appeals (BIA), which rules on appeals, never sees or hears from you. They only see the printed record, the decision of the Immigration Judge and the attorneys' legal briefs.

Once the BIA rules against you and you decide to hire a great immigration attorney to take your case to Federal Court, the court must rely on the record of proceedings. You never get the chance to testify in court.

All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge may be appealed to the Board of Immigration Appeals, and in certain cases to the appropriate U.S. Court of Appeals.
 
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annaraka said:
Artan,

At this point, do not worry about your EAD, get an attorney. Where are you located? I am concerned that; considering your nationality, it is very hard for you to obtain political asylum at this time. Nese ki ndonje pytje konkrete dergoma nje mesazh privat.
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Artan, if you tell us your location, we may be able to find someone to help you.

D.
 
Anakara How did you know the nationality of Artran.

Any ways I think this is the first kind of a case I have met on this forum. As most of the members pointed out without attorney is risky. This has been repeated many times. Mr. Artan told us in advance that she/he does not have money. I think this is the time we show unity as asylees. The cost to hire lawyer is about $1000. Let us set up an account for our colleague, and try to help him financially. If for example we ask him his address and each member of us sends him about $50 dollar in money order, I think we can help him hire lawyer.
 
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