Asylum case got referred to court. How long does an average count proceeding takes?

[Islandgirl0846]

So, I retuned for my decision today! The officer wrote that I have established reasons to why can get asylum, but I was not able to eatables the connection between why I didn’t apply within the one year! My court date in in less than a month. I can apply for EAD at the end of November but my case ia in less than a month. My question is, do they approve and deny with this initial court hearing or is this going to drag on for months or years? I really need to work. (See my last thread for details on my case)!

 

[tinaina]

You can apply for EAD 150 days after you apply for asylum and the card takes 90 days to process.
I think in the first court they only set up a date for your individual hearing and it may be in a couple years your actual hearing. But you can work for long as your case is open and under review. When they reach the decision and it wasn't good decision you have to stop working and leave the country.
If they approve it you can stay and apply for green card.

 

[Islandgirl0846]

Yea, I will probably try to apply for something else before decision! I hate that this may drag on for years, but I do need a work permit.

 

[7of9]

I have written a couple of times here. In 2008, I met a man from Iran, who had been fighting for his asylum case to be approved since 1995. At that time, his case was nowhere near completion. So, your case can get done quickly, or can take years.

When going through the immigration court system, you have to be super careful not to miss court dates, etc. Things can get out of hand very quickly, where your case falls into a black hole.

You must have a lawyer in order to win this case.

 

[Islandgirl0846]

I have written a couple of times here. In 2008, I met a man from Iran, who had been fighting for his asylum case to be approved since 1995. At that time, his case was nowhere near completion. So, your case can get done quickly, or can take years.

When going through the immigration court system, you have to be super careful not to miss court dates, etc. Things can get out of hand very quickly, where your case falls into a black hole.

You must have a lawyer in order to win this case.

Yes, so I need a lawyer for my initial hearing or for the actual setting of the dates. And I am sorry that guy had to wait for over 20 years. That’s crazy.

 

[KeneGod]

Yea, I will probably try to apply for something else before decision! I hate that this may drag on for years, but I do need a work permit.

You can apply for work permit if your case has been pending for 180 days and it takes 30days or less to process. Be sure to fill forms correctly and add all the documents needed. Good luck

 

[KeneGod]

Yes, so I need a lawyer for my initial hearing or for the actual setting of the dates. And I am sorry that guy had to wait for over 20 years. That’s crazy.

The first hearing is called the master calendar hearing you don't need a lawyer for that on that day you will be given a new date for individual hearing thats when tou will scout for a lawyer.

 

[7of9]

The first hearing is called the master calendar hearing you don't need a lawyer for that on that day you will be given a new date for individual hearing thats when tou will scout for a lawyer.

@KeneGod.....a lawyer is ALWAYS required when you go to court! Who told you that a lawyer is not required for your first hearing? That is wrong information. If you don't have a lawyer, a judge can schedule an individual hearing anytime he wants, three months or 40 months later. However with a lawyer, the judge can ask the lawyer if he/she is ready to present the case....depending on their answer, the judge can then schedule the individual hearing faster or later, depending on the judge's calendar.

Let's all stop sharing the notion that a lawyer is not required at ANY stage in the asylum process. A lawyer is required from the affirmative stage, all the way to court. Chances of approval for affirmative asylum small without a lawyer, the same for all stages of the court proceedings. Thank you.

 

[busydoingnothin]

@KeneGod.....a lawyer is ALWAYS required when you go to court! Who told you that a lawyer is not required for your first hearing? That is wrong information. If you don't have a lawyer, a judge can schedule an individual hearing anytime he wants, three months or 40 months later. However with a lawyer, the judge can ask the lawyer if he/she is ready to present the case....depending on their answer, the judge can then schedule the individual hearing faster or later, depending on the judge's calendar.

Let's all stop sharing the notion that a lawyer is not required at ANY stage in the asylum process. A lawyer is required from the affirmative stage, all the way to court. Chances of approval for affirmative asylum small without a lawyer, the same for all stages of the court proceedings. Thank you.

Couldn’t agree more! Thank you for making the statement.

 

[KeneGod]

@KeneGod.....a lawyer is ALWAYS required when you go to court! Who told you that a lawyer is not required for your first hearing? That is wrong information. If you don't have a lawyer, a judge can schedule an individual hearing anytime he wants, three months or 40 months later. However with a lawyer, the judge can ask the lawyer if he/she is ready to present the case....depending on their answer, the judge can then schedule the individual hearing faster or later, depending on the judge's calendar.

Let's all stop sharing the notion that a lawyer is not required at ANY stage in the asylum process. A lawyer is required from the affirmative stage, all the way to court. Chances of approval for affirmative asylum small without a lawyer, the same for all stages of the court proceedings. Thank you.

I said so because it has happened to me. Master hearing doesn't last more than 30 mins. You will be called upon by the judge after the clerk have cleared you in. Then ask if your details and addresses are still same you will be asked if you have a lwayer yet if yes or no you will be given a list of pro bono lawyers to choose from then reschedule you for another master or your individual hearing . Thats how iy goes. I speak from experience i don't know your own experience. Thanks

 

[Islandgirl0846]

I said so because it has happened to me. Master hearing doesn't last more than 30 mins. You will be called upon by the judge after the clerk have cleared you in. Then ask if your details and addresses are still same you will be asked if you have a lwayer yet if yes or no you will be given a list of pro bono lawyers to choose from then reschedule you for another master or your individual hearing . Thats how iy goes. I speak from experience i don't know your own experience. Thanks

My lawyer won’t be able to make it, she told me to tell the judge to give me more time to get my case together.

 

[7of9]

I said so because it has happened to me. Master hearing doesn't last more than 30 mins. You will be called upon by the judge after the clerk have cleared you in. Then ask if your details and addresses are still same you will be asked if you have a lwayer yet if yes or no you will be given a list of pro bono lawyers to choose from then reschedule you for another master or your individual hearing . Thats how iy goes. I speak from experience i don't know your own experience. Thanks

Can you do everything in the asylum process without a lawyer? Of course! My point is that a lawyer is always required for the whole process, I’m not saying that you can’t show up in front of a judge without a lawyer. In your original contribution, it seems you were implying that it is fine, it is ok, it is normal to show up for your master calendar hearing without a lawyer. My pushback here is that it is not fine, it is not ok, to show up at any stage in the asylum process without a lawyer, even for the master calendar hearing.

 

[KeneGod]

Noted sir