Notice of Intent to Deny received today and desperately need advice on rebuttal

H

hellofromku

Registered Users (C)
Hi, all!

This is Shane who posted earlier asking for traveling advice to Thailand when my asylum application is pending. I have a piece of very disappointing news that I received an intent-to-deny letter today shortly after I sent out my application for advanced parole! The letter was basically saying that " I did not present severe enough persecution in China as a transexual as to be granted Asylum in US", although acknowleding that the harm done to me rises to the level of persecution. I find it very offensive because I have been raped there for God's sake, and if that is not severe persecution, what else is? I have already completed my rebuttal letter which directly rebuts every paragraph in the letter that dismisses my persecution as not severe and my fear to return as unfounded. I am not sure that this is a good strategy, however, while I am afraid that I also have no further evidence to show them as all have been submitted to them already.

I filed my own application, prepared everything by myself, and have no lawyer representing from then to now. If anyone of you here happens to be an attorney or know of an attorney in the Los Angeles area who are good at handling rebuttal cases, could you please let me know? Also, if anyone of you is willing to review my rebuttal letter and offer advice of refinement, that would be wonderful, too. I can send my rebuttal letter in word document to your via private your E-mail, if you wouldnot mind letting me know.

Also, if anyone here have success stories of successful rebuttals that you would like to share, I would deeply appreciate it!

I have sixteen days to rebut and five days have already elapsed since the intent to deny notice was sent out to me, so I desperately need your help, guys and girls.

Yours Desperately but Gratefully,
Shane
 
My sympathy goes out to you. This is a unique case that I have never encountered before. All I can do is pray for you. Also, my peice of advice is that when submitting your rebuttal you need to include a new evidence; for example, if you can find people who know you and who can write an sworn affidivit proving of your claim that would be helpful. Also find a good lawyer. This happens in many cases. Don't give up...You will succeed...good luck...
 
Sorry to hear your story. There have been multiple cases who got the intent to deny notice and were later approved.
I think you need to get an expert affidavit. You should contact the amnesty international and ask them for an expert letter.
contact Scott Long at HRW
contact immigration equality and ask them for urgent referral to a pro bono lawyer and help.
also contact www.iglhrc.org and ask for a counry condition package urgently. this might have expert witnesses in it.
Try to get affidavits from people who know you and are familiar with what happened to you in China.
Also get Chinese gay, lesbian, transgender organizations involved and get a letter from them and have them testify that with the fact you are transgender puts you at risk of persecution.
 
I used Dorothy Harper when I lived in LA. Her office is on Wilshire and 7th. I didn't file for asylum through her but filed I-485 with her assistance.
 
This is very unfortunate that you didnot seek help from a good lawyer.
Most of the time CIS wants you to present evedence of being prosecuted by the government.
So if you 've been arrested and then bitten or molested you have to show any proof like affidavits etc.
The other stupid mistake people do, try to change the story in the middle of the asylum process undermining their credability. The evidence even if it is a new evidence should just further support your original affidavit/statement instead of bringing up new episodes of prosecution.
 
akatu said:
This is very unfortunate that you didnot seek help from a good lawyer.
Most of the time CIS wants you to present evedence of being prosecuted by the government.
So if you 've been arrested and then bitten or molested you have to show any proof like affidavits etc.
The other stupid mistake people do, try to change the story in the middle of the asylum process undermining their credability. The evidence even if it is a new evidence should just further support your original affidavit/statement instead of bringing up new episodes of prosecution.
Click to expand...

You will need a good asylum lawyer.

Good luck.
 
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