Asylum Questions

BetterWorld

Registered Users (C)
#1
Hello!

I have couple of questions related to Asylum. Please reply who has the experience or answers.

1- If initially filed alone, when & at what stage spouse can be added to the application
2- If case denied at interview, Can EAD still be renewed?
3- If case denied by IJ and the decision appealed, can EAD still be renewed?
4- Is it possible to get approved at the Interview when somebody filed after 1 year deadline?


Thanks in advance!!
 
#2
1. Before the interview or after approval, between them no.
2. Yes, provided that applicant is out of status. If in status (j,f visa) No.
3. Yes
4. Depends on the case itself and there's valid reason for applying after 1 y.
 

BetterWorld

Registered Users (C)
#3
Thanks Ishakp02!!

Reg 4. I heard that if case was filed over 1 year limit then at first interview (not IJ) decision can't be provided as its out of their area. Cases filed later than 1 year, can be decided only by IJ. Is my understanding correct?
 

7of9

Active Member
#4
Thanks Ishakp02!!

Reg 4. I heard that if case was filed over 1 year limit then at first interview (not IJ) decision can't be provided as its out of their area. Cases filed later than 1 year, can be decided only by IJ. Is my understanding correct?
I think that you are getting tripped up with the 1 year rule. Referral to court is strictly a function of the merits of your case. Whether you apply for asylum after one year or fifty years, it doesn't matter. You can submit a comment in your application explaining why you applied after one year for the Asylum Officer. When your case is referred to court, nobody cares about the one year rule.

I applied before one year was out, but that application was lost. I applied again, after one year. I never heard anybody asking...why are you applying after one year? No. So please, do not worry about this issue.

Forget about BIA...I have never heard anybody appealing and winning a IJ decision. Zero chance of overturning the result. So don't even think about this as an option.
 
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BetterWorld

Registered Users (C)
#5
Forget about BIA...I have never heard anybody appealing and winning a IJ decision. Zero chance of overturning the result. So don't even think about this as an option.
Great !

Thanks a lot for clarifying, mate!

I didn't get clearly when you say "Forget about BIA...I have never heard anybody appealing and winning a IJ decision. Zero chance of overturning the result. So don't even think about this as an option" Can you please elaborate?

Thanks!
 

7of9

Active Member
#7
Great !

Thanks a lot for clarifying, mate!

I didn't get clearly when you say "Forget about BIA...I have never heard anybody appealing and winning a IJ decision. Zero chance of overturning the result. So don't even think about this as an option" Can you please elaborate?

Thanks!
You said in your original post, whether it is possible to appeal after denial by judge. BIA = Board of Immigration Appeals handles those appeals. Noone, including government lawyers fighting to deport you, ever wastes their time going to appeal your win (if granted).
 

7of9

Active Member
#11
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/30/15-70617.pdf

To those, who say that if IJ denies you, then it's over. WRONG.

In this case, a Chinese man has been illegally detained, beaten, and tortuted by the police for his religious activities. IMHO, a very strong case. However, AO rejected him, IJ rejected him, BIA rejected him, until the Federal Court granted him. MAD REPSECT for his lawyers who did not give up on his case and continued fighting for the truth!

What's really unique about this case is that IJ found him credible and yet still rejected him for a totally bogus reason. What's even more crazy is that his case was heard in LA, which has one of the lowest IJ denial rates in the country.
The argument wasn't that it can't be done. Failure to appeal is a function of resources (lawyers, money, somewhere to live, food to eat) and time. If you have unlimited time and resources, sure, you can appeal until the end of time.
Looking at my case, if I had been denied, 2 years into the process, would I have had the stomach to wait another 5+ years going through the appeal process? No. I couldn't spend the best years of my life, waiting for my case to be approved. Worse? I had no EAD. Imagine spending 10 years not working, doing nothing waiting for a case to be approved. That is a NO NO. I would have moved elsewhere.
 

BetterWorld

Registered Users (C)
#13
Loosing the case at IJ level will NOT cause the EAD to be 'revoked' if you file a timely appeal.
So, that could be the change now as far as EAD concerned. I guess earlier when you loose at IJ, EAD won't be applied. Correct me if wrong?

Would you be able to renew EAD if your appeal in process?


The argument wasn't that it can't be done. Failure to appeal is a function of resources (lawyers, money, somewhere to live, food to eat) and time. If you have unlimited time and resources, sure, you can appeal until the end of time.
Looking at my case, if I had been denied, 2 years into the process, would I have had the stomach to wait another 5+ years going through the appeal process? No. I couldn't spend the best years of my life, waiting for my case to be approved. Worse? I had no EAD. Imagine spending 10 years not working, doing nothing waiting for a case to be approved. That is a NO NO. I would have moved elsewhere.
So, earlier no EAD during appeal?
 
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