Legal status at the time of filing for asylum

A

alena

Registered Users (C)
Hi everybody,
I am new here. I recently filed for asylum, had an interview and got a Notice of Intent to Deny since I was in legal status at the time of the interview and 15 days later, when I went to pick up my decision from Newark Asylum Office. Has anyone been in the same situation. I sent a rebuttal letter within 16 days. My question is how long will it take to get the final decision. I am now out of status. In case they find me not ineligeble, will they send me a Final Denial or Refferal? :confused:
 
Reply

It could take weeks or even month
they would have to review your initial application
On what grounds they did deny you asylum?
 
Technically you would remain in status when you apply for an immigration benefit and the delay is due to CIS processing. For example when people visit on visitor visas, which is valid for 6 months and then they apply for extension in the last week, they remain in status until they receive a decision.

But this can become a very sensitive issue if your asylum is denied later on and then you would want to follow another route (for example marriage or whatever). Then being illegal for a single day can cause problems. Then even marriage would not be able to save you.

I would suggest you consult a competent attorney!
 
alena said:
Hi everybody,
I am new here. I recently filed for asylum, had an interview and got a Notice of Intent to Deny since I was in legal status at the time of the interview and 15 days later, when I went to pick up my decision from Newark Asylum Office. Has anyone been in the same situation. I sent a rebuttal letter within 16 days. My question is how long will it take to get the final decision. I am now out of status. In case they find me not ineligeble, will they send me a Final Denial or Refferal? :confused:
Click to expand...


Frankly speaking it sounds strange for me. Looks like they are to deny your case because you've been in legal status when interviewed and getting decision afterwards in 15 days which doesn't make any sense for me. I always thought that remaining in legal status before interview is a plus.
In fact getting final decision can take weeks, months and even years. I guess what will happen in case of the denial, they'll put you on removal procedure and will send your case to immigration court. After that you still have quite some time weather to get your asylum thru IJ or you can consider other options. (DV lottery, merriage etc.)
 
The way some of you comment this issue looks like that asylum is just another way to get GC? Guys, I would never seek asylum unless I had to, ie would never fled my country unless I had to.
 
this is trange

hey alena.

I know that you can stay in legal status and still be able to apply for asylum. I myself still have a legal status (h1-B) and I was also approved for asylum.
This is not right, you should follow up :confused:
 
alena said:
Hi everybody,
I am new here. I recently filed for asylum, had an interview and got a Notice of Intent to Deny since I was in legal status at the time of the interview and 15 days later, when I went to pick up my decision from Newark Asylum Office. Has anyone been in the same situation. I sent a rebuttal letter within 16 days. My question is how long will it take to get the final decision. I am now out of status. In case they find me not ineligeble, will they send me a Final Denial or Refferal? :confused:
Click to expand...

As far as my knowledge, You can apply for asylum within one year from the date of arrival. It doesnt matter if your status expires within 6 months or six days, as long as you apply for asylum within one year you should be ok. I m sure they denied you not because you were in or out of status but because the reason for asking for asylum. I have seen people get asylum even when they dont have any proof, only because the circumstances of their country co-incides with their own story and their personal circumstances. So if your asylum has been denied your best bet would be to talk to a lawyer who has dealt with asylum cases. I also know some people who got asylum 5 years after their status expired.
 
An old, expired issue??

She asked this question on 3rd October 2004, 10:09 PM (if we can trust the time stamp on the site) and the answers are current?
 
wozzek said:
She asked this question on 3rd October 2004, 10:09 PM (if we can trust the time stamp on the site) and the answers are current?
Click to expand...


Good point! That is strange that people intent to answer posts that are dated several months ago! This one s almost a year old!!!
 
Minsk said:
Good point! That is strange that people intent to answer posts that are dated several months ago! This one s almost a year old!!!
Click to expand...
Me included!! Just proves how eager we all are to help each other..! :D
 
You must log in or register to reply here.
Top