Need help, referred to Immigration Court

S

shoodi

New Member
Hi everyone,

I need your help. Any information is appreciated it. After waiting for 5 years my application has been referred to immigration court. I dont know why.
I did have a lawyer hired to prepare the application.
Chicago Office
Submitted Oct 2014
Interview Nov 2018
Decision 12/01/2020
My clock is still running
Me and the lawyer (who is very experienced btw) spend lots of time preparing the application and the evidence. This is why I am devastated. I dont know what or why. Is the chicago office this difficult for approvals?
Also I was never called back for a second interview. I only had the one interview and answered all questions without hesitation.

Please anyone with prior experience explained what happened next and what are my chances.
 
shoodi said:
Hi everyone,

I need your help. Any information is appreciated it. After waiting for 5 years my application has been referred to immigration court. I dont know why.
I did have a lawyer hired to prepare the application.
Chicago Office
Submitted Oct 2014
Interview Nov 2018
Decision 12/01/2020
My clock is still running
Me and the lawyer (who is very experienced btw) spend lots of time preparing the application and the evidence. This is why I am devastated. I dont know what or why. Is the chicago office this difficult for approvals?
Also I was never called back for a second interview. I only had the one interview and answered all questions without hesitation.

Please anyone with prior experience explained what happened next and what are my chances.
Click to expand...
Asylum adjudication is a very subjective matter. It all depends on the mood of that particular AO at that particular moment to seal the fate of your life for better or worse.
Chicago office approval rate in 2018 fiscal year was around 40%. Maybe something in your country of nationality changed and no longer meet the definition of refugee. Usually when the officer is not convinced after the interview, the applicant gets referred to the IJ after two weeks. So, I'm guessing the AO did some research on the country condition reports and concluded that you do not qualify for asylum.

Hire a lawyer and work on your court hearing.
 
I'm sorry about the outcome of your case. Unfortunately, no one here can explain what happened. Nobody gets a detailed letter explaining why a particular case was or was not approved. Your referral letter should contain "some" information on why the case was referred, but it's going to be very little and vague. Like msv said, it's all up to the AO who interviewed and reviewed your case. Meet with your attorney, go over the letter, and prepare for the court hearings. That's the best you can do.
 
Immigration court referrals contain two simple items:

1. Applicant found not eligible for relief under UN convention against torture or applicant has failed to establish credible fear of future persecution - [[these are the two grounds for granting asylum (proven persecution/torture in the past and/or credible future persecution). Typically, if you can prove one of these two, you get asylum. Most people try to prove 'credible fear for future persecution'....this is very difficult to prove - denials are higher for this. Whereas for past persecution, proof is easy, you show time spent in jail, the torture, etc. Evidence is relatively easy to present. ]]
2. Applicant was admitted to the US under Visa X. This visa has now expired. He has no right to remain in the US. Applicant referred to court for removal proceedings.

They don't give you point by point reasons as to why your asylum claim was denied.
 
Last edited:
First of all I want to thank you all for your replies. I really appreciate it.
Yes I am out of status currently.
I am from Iraq, and everyone has experienced some degree of abuse for religion, not willing to stand with a political party or a particular cleric etc.
Anyone watching the TV recently has seen what kind of missile attacks Iran has did.
Anyways I know each and every applicant has a story and I dont want to bore you with mine, but it took me off gaurd.
Yes ofc the lawyer and I will work on it well.

Once I get the letter I will update on here
 
shoodi said:
First of all I want to thank you all for your replies. I really appreciate it.
Yes I am out of status currently.
I am from Iraq, and everyone has experienced some degree of abuse for religion, not willing to stand with a political party or a particular cleric etc.
Anyone watching the TV recently has seen what kind of missile attacks Iran has did.
Anyways I know each and every applicant has a story and I dont want to bore you with mine, but it took me off gaurd.
Yes ofc the lawyer and I will work on it well.

Once I get the letter I will update on here
Click to expand...
The country conditions in Iraq have changed drastically since 2014. That may be why you were rejected by the officer.
If that's the reason, you will definitely find that written on the referral notice. They might argue that ISIS is no longer active in Iraq and Iraqi Kurdistan has emerged as a more moderate state where you can relocate to. These are tough and valid questions and you must be prepared to address them in front of the IJ.
 
shoodi said:
First of all I want to thank you all for your replies. I really appreciate it.
Yes I am out of status currently.
I am from Iraq, and everyone has experienced some degree of abuse for religion, not willing to stand with a political party or a particular cleric etc.
Anyone watching the TV recently has seen what kind of missile attacks Iran has did.
Anyways I know each and every applicant has a story and I dont want to bore you with mine, but it took me off gaurd.
Yes ofc the lawyer and I will work on it well.

Once I get the letter I will update on here
Click to expand...
How are you doing? Did you get you hearing?
 
shoodi said:
Me and the lawyer (who is very experienced btw) spend lots of time preparing the application and the evidence. This is why I am devastated. I dont know what or why. Is the chicago office this difficult for approvals?
Click to expand...

Because applying for asylum does not need any evidence at all, evidence are not required. The U.S. believes interview, does not believe evidence. Their job is to find inconsistencies, not to see how many evidence you have.

You can get asylum without any evidence, even though in the removal proceedings.
 
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