AsylumSeeker said:
My wife was referred to immigration court in San Francisco for asylum hearing (she did not file within 12 months, but her case is strong). However, our experienced lawyer says the judge assigned is the WORST and very biased against immigrants. The judge in our case grants less than 10% of asylum cases! These are grim odds and if my wife leaves the US (voluntary removal), she will face the 10 year bar even if married to a US citizen.
THIS IS MY QUESTION: Can we move to another state and have her asylum case heard by a better judge? Is it possible to change court districts? Any favorable judges and court districts out there?! We set the asylum hearing for this Fall (2006) in San Francisco, but we have a lot of time to consider changes. Please help!
Hi AsylumSeeker,
I had to have 2 interview in front of judge in San Francisco and heard two different comment from my lawyer that wasn't correct.
The first time, my lawyer told me the judges that I had was easy but he ended up to be hard. for the second time same lawyer told me that the judge was hard but he was really nice and granted my case without even asking me a lot.
I am sharing my experiense to let you know that, don't let your lawyer scary you like that. If your wife is scard she will mess up even if the judge is nice. The judge is there to help you so prepair yourself to answer the question without a fear. Even if the judge denied you, you can reapply again. It is not that bad and most likely it will work out.
As for changing the judge or moving to change your case, I advise you not too. They will be more harder for you if they found out you tried to do that. From what I heard, I don't think you can change your judge unless you have a good reason to change the judge.
I agree what vinisterz said, your lawyer doesn't seem professional. I would really advise you to get second opinion. Most likely chatolic charties or IRC will give you advise on what to do for free or small amount of fee. It might be worth doing that to better prepair your wife.
take a look at this website, it has good information for you.
http://www.visaus.com/asylum.html
What happens if USCIS doesn’t grant me asylum?
After your asylum interview, there are four things USCIS can do. The first is to grant your application for asylum. The second is to reject the application because it was not filed within one year after you arrived in the US and there are no exceptional or changed circumstances to justify not filing within one year. If you are not in a valid immigration status at the time of your interview, USCIS will most likely send your case to Immigration Court. This action is called “referring” the case for a hearing in front of an Immigration Judge. If you are in a valid immigration status at the time of your asylum interview (such as student, or Temporary Protected Status), USCIS will send you a “Notice of Intent to Deny” explaining that they intend to deny your case. You may then try to explain to them why they should not deny your case. If they do deny your case, nothing further will happen until your valid immigration status ends. When that happens, USCIS can send your case to Immigration Court.
My asylum application was sent to Immigration Court. What happens now?
If USCIS does not grant your asylum application, they will most likely send your case to Immigration Court for a judge to make a decision in your case. In this situation, ICE (the branch of the former INS that is responsible for enforcing the immigration laws) will start what is called “removal proceedings” against you. This means that ICE is saying that you do not have the right to be in the US, and that they want to deport you. You will have the right to apply for asylum again in front of the Immigration Judge. You will have a hearing in front of the Immigration Judge, at which you will have the right to explain your whole case again for the judge. It is strongly advisable that you consult with an experienced immigration attorney or fully accredited BIA representative at a reputable agency if you are put into removal proceedings in this way.
What benefits are available to asylees and refugees?
Through matching grants, affiliates help asylees with employment services and four months of maintenance assistance and cash allowance. Enrolled asylees can also get language training, health and medical services, counseling, and daycare. To qualify for these services through matching grants, asylees must enroll in the matching grant program within 31 days of being granted asylum.
