Hello guys I really need your help with this information. If someone is refused asylum when the person is still in status, the person is not send to court. Once the person goes out of status what can the person do about his application re-apply as a fresh application or apply for it to be re-open and USCIS send it directly to the immigration court?
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Asylum Decision
- Thread starter Blute
- Start date
if the in status person is denied asylum, the AO will send you something called NOTICE OF INTENT TO DENY and give you 16 days to send them reasons for why thier denial is wrong. if after that, you are denied, then i think you can reapply the whole asylum again.
but if your asylum is denied and you become out of status, you might be or or asked to be placed in removal proceedings before a judge where you can have court trial with the judge about ur case.
if you are in status and apply for asylum with AO first time, decision of that interview will take months as its happeneing for my bro.
but if your asylum is denied and you become out of status, you might be or or asked to be placed in removal proceedings before a judge where you can have court trial with the judge about ur case.
if you are in status and apply for asylum with AO first time, decision of that interview will take months as its happeneing for my bro.
write a leter to asylum office to be placed in removal prooceedings, hey anyway, you must get a lawyer's help for this now ok, you were denied before and now its time for lawyer.
you didn't tell me what happened to his asylum decision or how he went out of status , he went out of status while waiting for asylum decision? first denied and got letter of NITD? sent reason letter for their reason of denial? got final denial again?
exaplin me more, take time and write me his case detail
you didn't tell me what happened to his asylum decision or how he went out of status , he went out of status while waiting for asylum decision? first denied and got letter of NITD? sent reason letter for their reason of denial? got final denial again?
exaplin me more, take time and write me his case detail
I just want to share with you guys A friend of mine experiance regarding this issue, He applied for an asylum when he was in status, after one month he received an intention to deny, attorney replied with a reputle. till now three months has been passed since uscis received the reputle and he did not hear a word from them he will be out of status in febuary 08
Jonny1, I'm getting you very well. Actually the NOID was sent, a rebuttal sent then later the final denial came before the person went out of status. After the final denial was sent he stayed and went out of status. So he didn't go out of status while waiting for the final decision.
Now, its time for a lawyer, Blute. You can reapply but without a lawyer and much stringer case, there is no way you can do better.
When did he first get NOID after the asylum interview? 2 weeks, 2 months 5 months after the interview? am sure NOID letter was sent to you by mail but how long after the interview? Also, When did he get the final denial letter after the rebutal was sent?
When was his interview date and when he got the final denial? how many total months it took from interview to final denial?
also, he got final denial just like 2 weeks or a month before his visa expired?
I am trying to know these timelines, cos my bro is in very similar situation.
He applied in Dec 4 2007and has his visa till march 2007 and till now no decisions of any kind has been mailed to us. we don't know whats gonna happen to him and waiting s***s. aweek before, we sent a status inquiry letter and we got a answwer letter back from asylum office saying your case is pending with this office and had no timelines .
so explain his timelines to me.
thnaks
When did he first get NOID after the asylum interview? 2 weeks, 2 months 5 months after the interview? am sure NOID letter was sent to you by mail but how long after the interview? Also, When did he get the final denial letter after the rebutal was sent?
When was his interview date and when he got the final denial? how many total months it took from interview to final denial?
also, he got final denial just like 2 weeks or a month before his visa expired?
I am trying to know these timelines, cos my bro is in very similar situation.
He applied in Dec 4 2007and has his visa till march 2007 and till now no decisions of any kind has been mailed to us. we don't know whats gonna happen to him and waiting s***s. aweek before, we sent a status inquiry letter and we got a answwer letter back from asylum office saying your case is pending with this office and had no timelines .
so explain his timelines to me.
thnaks
Hello guys I really need your help with this information. If someone is refused asylum when the person is still in status, the person is not send to court. Once the person goes out of status what can the person do about his application re-apply as a fresh application or apply for it to be re-open and USCIS send it directly to the immigration court?
You can apply again with the USCIS by sending in a new application to the asylum office.
Jonny1, the NOID came after three weeks of interview, then a rebuttal was sent to the AO. But the AO denied the asylum and never sent the final denial so after contacting them after like two months they sent the final denial and on the denial date it showed that they had denied the application more than two months ago. So they had deny the application but never sent a word to the applicant until they were being contacted. So had it been no contact was made with the AO, the assumption would have been that they are still working on the case. I will recommend you call the asylum office that is incharge of your bro's application. If you don't have their tel number tell me the name of the office and I will try to get the number for you.
Thankful, thanks for your contribution but I heard instead a motion to re-open is to be sent to the USCIS and not a new application is that true and if so how long does it take for the USCIS to respond to the motion to re-open/consider?
Thankful, thanks for your contribution but I heard instead a motion to re-open is to be sent to the USCIS and not a new application is that true and if so how long does it take for the USCIS to respond to the motion to re-open/consider?
Jonny1, the NOID came after three weeks of interview, then a rebuttal was sent to the AO. But the AO denied the asylum and never sent the final denial so after contacting them after like two months they sent the final denial and on the denial date it showed that they had denied the application more than two months ago. So they had deny the application but never sent a word to the applicant until they were being contacted. So had it been no contact was made with the AO, the assumption would have been that they are still working on the case. I will recommend you call the asylum office that is incharge of your bro's application. If you don't have their tel number tell me the name of the office and I will try to get the number for you.
Thankful, thanks for your contribution but I heard instead a motion to re-open is to be sent to the USCIS and not a new application is that true and if so how long does it take for the USCIS to respond to the motion to re-open/consider?
A motin to reopen has to be filed within 30 days of the denial AND it "must state the new facts to be proved in the reopened proceeding and be supported by affidavits or other documentary evidence."
And such motions could take forever to get a result.
Do yourself a favor and make this simple. You have the perfect legal right to reapply for asylum. Send in a new application to the asylum office.
Or in the alternative you can call up the asylum office director and ask him/her if he/she is willing to place you into the immigration court process.
The asylum office is in possession of some original documents. How can those documents be gotten back so as to send in a new asylum application?
We contacted a lawyer but he didn't say anything about having the perfect legal right to reapply for asylum after given a final denial and the applicant now out of status. Do you have any legal document that explains this issue so as to show the lawyer maybe he doesn't knows? It will be very helpful.
We contacted a lawyer but he didn't say anything about having the perfect legal right to reapply for asylum after given a final denial and the applicant now out of status. Do you have any legal document that explains this issue so as to show the lawyer maybe he doesn't knows? It will be very helpful.
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GodSaveAll
Registered Users (C)
I read in some article that asylum application can only be filed once,but I need to search further for the legal basis.
As for the original docs, the IO or judge sometimes kept them for verification. It happened to some of my friends. But you can get them back by sending in your request.
As for the original docs, the IO or judge sometimes kept them for verification. It happened to some of my friends. But you can get them back by sending in your request.
I read in some article that asylum application can only be filed once,but I need to search further for the legal basis.
An application denied by the Asylum Office does not count. It counts only if denied by a judge or the BIA.
Check 8 CFR 208.4(a)(3) which provides that "For purposes of section 208(a)(2)(C) of the Act, an asylum application has not been denied unless denied by an immigration judge or the Board of Immigration Appeals."
208(a)(2)(C) of the Act is the provision which prohibits a person from filing a second application.
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If you are wondering why in the world did the DHS create this rule, they provided the following answer to us:
"Regarding section 208(a)(2)(C) of the Act, which bars an alien from applying for asylum if the alien had a previous asylum application denied, the rule makes clear that this provision applies only to asylum applications that have been denied by an immigration judge or the Board. This ensures that aliens who received a denial of their application from an asylum officer because they applied for asylum while in valid status or under procedures in place prior to January 1995 receive consideration of their application by an immigration judge." [emphasis added]
This quote comes from the January 3, 1997 edition of the Federal Register. Page numbers 446-447.
In plain English the quoted sentences mean that the DHS forsaw the exact problem Blute has now and provided a solution (a refiling of the application).
PS: Federal Register is the official daily publication in which the federal agencies announce and explain their rules.
"Regarding section 208(a)(2)(C) of the Act, which bars an alien from applying for asylum if the alien had a previous asylum application denied, the rule makes clear that this provision applies only to asylum applications that have been denied by an immigration judge or the Board. This ensures that aliens who received a denial of their application from an asylum officer because they applied for asylum while in valid status or under procedures in place prior to January 1995 receive consideration of their application by an immigration judge." [emphasis added]
This quote comes from the January 3, 1997 edition of the Federal Register. Page numbers 446-447.
In plain English the quoted sentences mean that the DHS forsaw the exact problem Blute has now and provided a solution (a refiling of the application).
PS: Federal Register is the official daily publication in which the federal agencies announce and explain their rules.
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GodSaveAll
Registered Users (C)
Do yourself a favor and make this simple. You have the perfect legal right to reapply for asylum. Send in a new application to the asylum office. [/QUOTE]
Thanks for your useful explaination!
But I still have one question: Does one reapply to the service center or the local district office? Usually the asylum applications are filed with the service centers. Only those who are detained upon entering the States or somewhere in the States are referred to the district court directly when they claim asylum.
Thanks for your useful explaination!
But I still have one question: Does one reapply to the service center or the local district office? Usually the asylum applications are filed with the service centers. Only those who are detained upon entering the States or somewhere in the States are referred to the district court directly when they claim asylum.
The USCIS Asylum people advised AILA that in such situations the applicant is better off sending the new application to the asylum office. The asylum office already has the original file and it makes processing easier. And it is always possible that the service center can misunderstand what is going on and return the application.
To be perfectly honest, unless something major has changed since the first denial the asylum office is unlikely to reverse the original denial. They already gave the applicant a chance to rebut the notice of denial and the applicant failed to rebut. The same decison maker or his office colleague will review the new application. Think about human psychology.
So I think this whole re-filing process is just a way to move the process to a new venue--the chambers of the immigration judge who will hopefully be a pair of fresh eyes.
To be perfectly honest, unless something major has changed since the first denial the asylum office is unlikely to reverse the original denial. They already gave the applicant a chance to rebut the notice of denial and the applicant failed to rebut. The same decison maker or his office colleague will review the new application. Think about human psychology.
So I think this whole re-filing process is just a way to move the process to a new venue--the chambers of the immigration judge who will hopefully be a pair of fresh eyes.