Can You Share Your Immigration Court Experiences Please.

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mesbahul

Registered Users (C)
If you read my previous post, I have an asylum case pending in immigration court. I submitted my application on 06/2006 in immigration court. My next hearing is in 11/2006. I was wondering if anyone could share their immigration court experiences especially in New York. My next hearing is in the morning and I heard that immigration judges don't cross-examine in the morning. I am asking all this because I am repersenting myself without a lawyer.

Also, anyone from Bangladesh who can share their asylum case experiences will be highly appreciated.
 
hello,
If you do not have a lawyer The Judge will tell you go home and come back with a lawyer in three months you will be dismissed.I had the same situation you have to have a lawyer there.If you need a lawyer i could recommend you one.And Good luck,
 
The judge is okay with me for not having a lawyer. The judge told me the case will go forward but I do have a right to get a lawyer if I wanted to. The immigration judge I am appearing before has a 85% asylum approval rate over the last 5 years and I have prepared the case pretty well so far as the Immigration judge has advised me on what he wants presented to him and I am giving him what he exactly wants.
 
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mesbahul said:
The judge is okay with me for not having a lawyer. The judge told me the case will go forward but I do have a right to get a lawyer if I wanted to. The immigration judge I am appearing before has a 85% asylum approval rate over the last 5 years and I have prepared the case pretty well so far as the Immigration judge has advised me on what he wants presented to him and I am giving him what he exactly wants.
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Mesbahul:
I got my asylum from an IJ (although a long time ago).

- regardless of the judge, if you dont have experience of being cross-examined by a CIS attorney, you are in for a nasty surprise
- be prapared for the judge to change (happened to me) and have an argument ready so you can get a continuence. One strategy could be to ask for a lawyer at that point, and ask for time to discuss the case with the lawyer
- CIS can still appeal the asylum grant (I dont know what % they appeal)
- If you are not familiar with the law, the CIS attorney can ask all sorts of questions a good defense lawyer could have objected to; the judge has no reason to stop CIS

I am not trying to scare you, but please follow my suggestions:
- DO NOT change your story in the courtroom: it must match what you told them beofore, or you need a VERY GOOD explanation
- If you can afford it, get a good ASYLUM lawyer, with a good track record (ask your community)
- Memorize your history very, very, well: up/down/sideways. See note above for cross-examination. My experience was, I was asked to tell my history, and after I was done, the INS (at that time) attorney kept asking me questions, sometimes feeding the wrong answer, probably trying to make me agree to something that I did not say. You have to be very careful about that. Do not try to bullshit them or the judge, the whole session is taped and they will immediately play it back and show the contradiction.
- Take notes. Not only this helps you remember what you said, it also buys you a little time.
- Wear clean clothes, and trim your hair/beard or be clean shaven. Judges dont like long hair, scruffy beards or dirty clothing. You dont have to wear a suit, but be well dressed.
- If you are taking any wintesses with you, they will be asked to sit outside and not hear your testimony. So again, DO NOT change your story in the courtroom

Having said all that, when I went for my hearing, I was in immigration custody, had a 4-day growth of beard on my face, and been wearing the same t-shirt for the last 7 days, and still got my asylum. So if your case is strong, you will get it. The rest just makes it easier.

And one personal speculation that I know both the judge and CIS will deny but I am convinced: speaking good English is a HUGE advantage. You write good English so I assume you speak it well, too; so that will work in your favor.

Good luck--I hope you will come back to tell us how well it went.

Floyd
 
I had judge Chen in the immigration court in NYC, federal plaza building. I dont remember the name of the prosecutor, but the whole thing took about 20 minutes.

The lawyer and the prosecutor agreed that the lawyer would not ask me any questions, and the prosecutor would proceed to cross-examination directly. I basically said exactly the same thing I had in the application, they'll try to get you to make a mistake and say something different but stick to your story and you'll be fine.
 
mesbahul said:
If you read my previous post, I have an asylum case pending in immigration court. I submitted my application on 06/2006 in immigration court. My next hearing is in 11/2006. I was wondering if anyone could share their immigration court experiences especially in New York. My next hearing is in the morning and I heard that immigration judges don't cross-examine in the morning. I am asking all this because I am repersenting myself without a lawyer.

Also, anyone from Bangladesh who can share their asylum case experiences will be highly appreciated.
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Mesbahul, I'm from Bangladesh & had my asylum granted in Dallas, TX back in 1999. I don't know about New York but in Dallas it was pretty simple. In the court room me/my attorney/USCIS appointed attorney/Judge & a interpreter was there. I never needed nor did I ask for an interpreter but guess that's a routine procedure. But while I requested the judge about not needed one he let the interpreter go.
My attorney brought up the case infront of the judge at the begining & USCIS attorney cross examined to get the real picture. Judge listened everything & found out it's legitimate for me to be granted asylum.
If you ask me I would strongly suggest you not to be present without an attorney by your side. An attorney & a good one who's specialized in this asylum area could cost you a little but that sure is worth of spending cause they can make big differences.
You can say your case is strong & it shouldn't be a problem to prove but my friend don't you forget time is limited there. You have to prove everything within 30/40 minutes & it's very easy to mess things up cause naturally you would be nervous at that moment.
If you need any further help please feel free to mail me & I'll be glad to answer all your question based on my personal experience on this matter.
Good luck.
Atique.
 
Mesbahul,

If your failure to hire an Legal Immigration Expert Representative (LIER) is based on financial circumstances then is okay to represent yourself, but remember is veryu but very risky. However, if it is based on the simple and mistaken common believe that you understand the law or that someone as done exactly the same thing you’re doing, then you need to reconsider that and listen to the advise of Flody and your fellow country person Atique Rahman.
Judges are not typically rude or mean by virtue of nature and training, however, they hate bulshit and they must always apply the laws to the facts.
Even if your story is true but not reasonable you will loose your case specially if you did not hire an (LIER).
Best of luck and keep us posted on your outcome.
 
I know everybody is encouraging me to go with a lawyer. The only reason I am not taking a lawyer with me is because I cannot afford it. For me and my brother filing the same case, lawyers want in excess of $10k. I barely make my ends meet. I am researching the laws regarding asylum in depth and how I can apply to my case. In my two hearings so far, I always ask the judge what he needs and I always ask questions to the judge if I have any doubt in my mind. The best asset I have is the internet and I speak very good english and that really makes it easy to comminicate in the courts.
 
mesbahul said:
I know everybody is encouraging me to go with a lawyer. The only reason I am not taking a lawyer with me is because I cannot afford it. For me and my brother filing the same case, lawyers want in excess of $10k. I barely make my ends meet. I am researching the laws regarding asylum in depth and how I can apply to my case. In my two hearings so far, I always ask the judge what he needs and I always ask questions to the judge if I have any doubt in my mind. The best asset I have is the internet and I speak very good english and that really makes it easy to comminicate in the courts.
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Misbah:
Sometimes just plain simple faith can do wonders for you. I know it because I speak from personal experience. My case didnt even go to an IJ. I was granted through the Assylum office. I didnt have any documents to prove my case, and that is the truth. My lawyer, who took the risk of taking my case, told me that he was accepting my case only because he believed me. He wasnt even allowed to speak while my interview with the AO. The AO told him that if he utters eeven a single word, he will be asked to leave the room. It was a three hours interview/cross examination, etc. Anyway I have my GC now. I have come a long way...I also came across a few years ago, some people who tried their casees on their own. My point is have faith, and dont falter. Believe in your struggle and you can make the judge believe in you. I am sure you will be fine.
 
mesbahul said:
I know everybody is encouraging me to go with a lawyer. The only reason I am not taking a lawyer with me is because I cannot afford it. For me and my brother filing the same case, lawyers want in excess of $10k. I barely make my ends meet. I am researching the laws regarding asylum in depth and how I can apply to my case. In my two hearings so far, I always ask the judge what he needs and I always ask questions to the judge if I have any doubt in my mind. The best asset I have is the internet and I speak very good english and that really makes it easy to comminicate in the courts.
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Which part of the country are you in? 10K is above the market rate for an asylum case. Most attorneys charge more reasonable rates and also offer payment plans.
 
I paid 6500$ for my case and when it was all over I gave my lawyer a 1000$ bonus because he did a great job.

I am not rich.I am a student with no income rather than that deriving from my job.
My english proficiency is undoubtly good since I've lived here for 6+ years now.

I still think you're taking a big risk by going without representation.

10 K is too much but you can find good lawyers that will take your case for cheaper.And you can't add your brothers fees to your own. Your brother pays his fees....you pay yours.
 
kalvar said:
<snip>
Your brother pays his fees....you pay yours.
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Kalvar:
In some parts of the world that would be unthinkable. I suppose Mesbahul is from one of those countries, and good for him.

Mesbahul:
When its all said and done, its your decision. Even paying a lawyer does not have any guarantee.

I wish you good luck from the bottom of my heart. I hope you will come back and give us the good news.

Floyd
 
I understand that FLOYD.
I am very close to my family too.

He is making a practical mistake in taking in account fees for 2 people.
For him it would be close to 5000$. This is not cheap but I know people who have paid a lot more.
 
Please don't go to your final Interview without Lawer.If you losse it then you will feel bad all the time. Seince u are u have very strong case. It's dosen't matter how much Law you know. I think this is a processing for this thing. Judge like to talk to Lawer cuz they understand each other. My Intervew had almost 4 hours with Lawer. It's not they are fiting all the they are talking also.
Good luck to everyone.
 
kalvar said:
I understand that FLOYD.
I am very close to my family too.

He is making a practical mistake in taking in account fees for 2 people.
For him it would be close to 5000$. This is not cheap but I know people who have paid a lot more.
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Kalvar:
I did not in any way mean that you are not close with your family; if my message sounded like that, I apologize.

Floyd
 
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