Received Final Denial - What can I do?

Farrah

Registered Users (C)
I received a final denial from asylum office in SF. They totally disregarded the main claim and said that I made a mistake. It was a small mistake. They asked me if I have written articles before a certain event. And I said no. I couldn't remember all the dates of 36 articles which I have written. We explained in the rebuttal it, but they said again no. It's a small inconsistency and the heart of the claim was that I have a political writer and criticized the government and a student of a certain school which the government is arresting graduates of it. I am in status. My status ends in mid Sept. I asked my lawyer what I can do and she will talk about it next week. However, I wanted to ask the people if you can advise what I have to do. I will appreciate your responses. Thanks.
 
The problem was only that I have said that I didn't use a pseudonym before covering a certain event. I used, but I couldn't remember. Only 4 articles were written under pseudonym and all other 32 were with my real name. I had notarized letters from my editors (who are in Europe) saying that I have worked for them. AO claims that I have given false information. Even in NOID he made so many mistakes, and I am not talking about small ones (that my age is 40). I am 31. and there are many other mistakes he did. I don't know what to do.
 
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I don't know what to do.

I totally feel your pain, stress,sadness, and discomfort. All I can do is to pray for you and God will always be with you.

You have 3 options.
1. Wait until your status expires and try to re-apply again. You might have a chance to see a judge when you are out of status.

2. Seek a legal status through family member if available (parents, brothers, spouse, etc)

3. If option 1 and 2 are impossible, then drive to Canada and ask for protection at the border.

You will be remembered in prayers. God bless you.
 
Sorry to hear that there was disagreements between what you claimed and the understanding of the AO.
If the AO made really big mistakes as you are saying, then:

- You have more chances of being approved in front of the immigration judge or,
- You could very well file a motion to reconsider, but with you status expiring very soon, i imagine you won't have the necessary time to wait those months for your petition to adjudicate.

Basically, I think your lawyer will be of big help to you now.

Good Luck...
 
You have 3 options.
1. Wait until your status expires and try to re-apply again. You might have a chance to see a judge when you are out of status.
I am not sure but I think he/she can reapply in court without waiting for the current status to expire

2. Seek a legal status through family member if available (parents, brothers, spouse, etc)

3. If option 1 and 2 are impossible, then drive to Canada and ask for protection at the border.
Didn't they have some sort of an agreement between the to countries, so one cannot seek asylum if has been previously denied in either one

Option 4.

Spend extra money and consult with another attorney.

In my case, when I was referred to an immigration judge I scheduled an appointment with 5 different immigration firms. Each one gave me different opinion from the other and each one pointed out the mistakes made by my attorney at the time. After talking to all the lawyers I chose one and will use him all the way to my naturalization for every single thing I have to file along the way, even though I pay $275/h, in my opinion is well worth it!
 
It is easier to get approved for Asylum when you are out of status than when yu still have valid status which sounds very ironic. If yu were out of status they would have sent yu to IJ and chances of getting approved are very high and if not approved yu can always go to Board of appeals.
 
My lawyer says that unfortunately there is no appeal from this decision. I can only ask for a Motion to Reopen based on change circumstances. She says that I am not referred to immigration court and that she is not unsure of the procedure to try to get referred to immigration court, but she is aware of some strategies in the past. She said that she will have to confer with colleagues who might have done this in the past.
 
I chose one and will use him all the way to my naturalization for every single thing I have to file along the way

What state is your lawyer in? It sounds that he is a good lawyer. I am looking for a good lawyer.
 
If option 1 and 2 are impossible, then drive to Canada and ask for protection at the border.
Didn't they have some sort of an agreement between the to countries, so one cannot seek asylum if has been previously denied in either one


are you sure about this? or just guessing?

In my case, when I was referred to an immigration judge I scheduled an appointment with 5 different immigration firms. Each one gave me different opinion from the other and each one pointed out the mistakes made by my attorney at the time. After talking to all the lawyers I chose one and will use him all the way to my naturalization for every single thing I have to file along the way, even though I pay $275/h, in my opinion is well worth it!
do you mind sharing which state did you file your case? if you don't like sharing ur personal info u can pm?
 
So, the next step I can do is to wait until my status expires and then apply again so that my case can be reviewed at the immigration court. How much it usually costs to hire an attorney for representation in the court?
 
So, the next step I can do is to wait until my status expires and then apply again so that my case can be reviewed at the immigration court. How much it usually costs to hire an attorney for representation in the court?

$5000 is an average.
 
If option 1 and 2 are impossible, then drive to Canada and ask for protection at the border.
Didn't they have some sort of an agreement between the to countries, so one cannot seek asylum if has been previously denied in either one


are you sure about this? or just guessing?

I was told that the Canadian immigration will reject the case but will refer it to the judge. The person will have an opportunity to see a juge even if the asylum case got rejected in the USA.

Farrah still has a chance to see a judge in the US
 
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A friend of mine has also been issued final denial for asylum after she's sent a timely rebuttal. I am wondering if she really has the option to wait until her status expires and then to reapply for asylum. Any further information will be a great help.

Also is it possible to approach a board of appeal when the notice says there is no reappeal? can you please help?
 
motion to reconsider

You friend may submit a motion to reconsider and pay the filling fees. It takes forever to get a decision.
The other option is to wait until she is out of status and file this with the immigration judge.

Sorry, to know that it didnt work this time.
 
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