Hi everyone, Can anybody help me? I just got a mail from the USCIS yesterday stating that my asylum application has been referred to the IJ. And my NTA says I need to appear before the judge on September 12,2019 in Denver, Colorado. However, I am moving to New York this August 6. Is there any way that I can move my court venue? Will I have enough time to inform the Court about this? Or do I need to attend my September 12 NTA even if I am already staying in New York at that time? Thank you so much in advance!
There are two things to consider:
1. Is your move more important for the rest of your life than getting approval for your case? While you can move your case to NY, that comes with the risk of delay in your case. Any attempt to change the hearing date also may impact EAD eligibility.
2. If your case is moved to NY, what could happen, I mean...probability of success. While you can win your case anywhere as long as it is strong, looking at the statistics, approvals are higher in NY than Denver, on average...so its good to move
.
Advice: Always try to do your best not to do actions that might delay your case. Moving around the US is one sure way to delay your case. You don't want that....your case might end up trapped in a black hole: I know a man whose case was still pending in 2009, after he applied in 1995! Be super careful with moving around, introducing delays in your case. Worse, your files might be lost and you have to start again. Personally, I say limit moving around if you can.
To transfer your case: 1. Update your address in USCIS's online system. 2. Download the same AR 11 form, fill it out with your new address and mail it to USCIS. 3. The same AR-11 form + letter explaining you are moving to NYC = send them to your local asylum office. 4. Visit the Denver asylum office, PHYSICALLY talk to them, verify that a) they got your letter asking for the transfer and b) the transfer was sent to NY. 5. Go to NY local asylum office, verify that they have your case, check on the dates. 6. Use the asylum automated hotline to check the status of your case, location, etc.
Caution: Not verifying your case situation with the local asylum office is
very dangerous: notices, etc will be sent to the wrong address. Failure to take action on these notices not advised: judges entitled to issue deportation orders when you don't comply with their requests. Actually, the majority of the people being deported by ICE are in that situation because deportation orders were issued without their knowledge. How? Judges/USCIS/EOIR sent notices to the wrong address... Claiming that you didn't get a notice is no defense against a deportation order.
Hope this helps. Good luck.