Received NOID....................what are the chances of rebuttal?

[satrianic]

Hi everyone,

I am in lawful status (OPT) and had applied for political asylum in september 18th 2013. I was interviewed by AO on 29th october and received NOID on 12th november 2013. I was interviewed by this women, who had no interest in my story but was more interested on my grammatical mistakes on my deceleration and translation errors. I received Notice of intent to deny based on 4 reasons she explained , which doesn't lead to any credibility issues. Is there any one who received NOID and filled a Rebuttal and any any success with the rebuttal.
PLEASE HELP!!!

 

[sadsoul]

There is a 50-50 chance. I highly recommend you to contact a lawyer to file a rebuttal. You must address all 4 reason for denial and provide new evidence or testimony which might allow the AO to change her mind.
There are few examples online where you can see how to address and reply if you don't have a lawyer.
What office did you apply to? (just curious)
Good luck.

 

[satrianic]

Thanks for reply,

I applied at San Francisco Asylum office, She was a Chinese officer and It was more like a interrogation on my grammatical mistakes and errors rather than interview with a officer. she never asked me about my political involvement or anything pertaining to my political asylum .I have hired a attorney and he is willing to write a rebuttal. the claims that she made to my inconsistency were really absurd and juvenile.

1.for one instance she pointed out that i wrote "I tried to get up and fight back but somebody grabbed both my hand from behind and other men pulled out a knife and he flaunted his weapon" when she asked me how many men pulled out a knife , i told was it was only one..... she called it inconsistent cause i wrote "men" instead of "man". she didn't bother to read along the line , then she would have noticed it was on of the men who pulled out a knife not "knives" and "he flaunted his weapon" and not "they flaunted their weapon". I don;t believe i could be denied my asylum on such silly grammatical mistake.

2.she pointed out that i had a mistake on my second attack date on the translation even though the original police document states that the same date i indicated on me declaration and i testified same date orally. So how can she think i am not eligible for asylum based on the translation error made my the translation of the documents.

3. she asked me if i went to the police station with my father to file a police case. i told her i did but she says that since the police complaint was filed by my father, there is no indication that i went to the police station with my father. i don't think the police will indicate all the people who accompanies the primary applicant in their police report. how can she tell me that i am not credible just because police they don't mention me along with the primary applicant (my father in their report)? nor it is mentioned that only my father went to the station and he was the only one present during filing the report.

4.i told her that "my parents are planning to relocate" and she told me that your fathers statement says they have already relocated, to clarify the question i told her that they have relocated in the past due to the Maoists threat and now again they are planning to relocate, she told me that my statement was not credible.

First of all i had to answer a Chinese officer and i had a hard time understanding her English.
Second of all she had a training officer, so i felt outnumbered and was nervous during the interview.
Lastly she didn't have a heart to be asylum officer.


What do you think about my chances to rebutt these issues. Can one be denied asylum based on these silly issues?

 

[satrianic]

Please help anyone?

what do you guys think of the issues pointed out by the asylum officer? does the same AO will read
my rebuttal or her supervisor will get a chance to take a look at my case

 

[Hexa]

You need the help of a lawyer to address your concerns, at the very least he will file a rebuttal without grammatical mistakes. An immigration officer has a wide latitude in deciding an asylum case, so unless your lawyer can give her good answers, you'll be denied.

 

[sadsoul]

It looks like she made up her mind. Since you said, that you have OPT that means you are a undergraduate or graduate from the US university which gave the AO an impression that you are lying instead of grammatical errors.

1) You have to explain it in detail about the grammatical errors and how its different then what AO thinks.
2) Whoever translate that document should re translate that and also include a letter saying he did a mistake and nothing to blame on you.
3)If that incident includes you, then the report should have you mentioned somewhere saying you were assaulted or you dad was assaulted while you were in his side unless it was only your dad.
4)Again, major grammatical issue. While in the document you said that they already relocated but in the interview, you said that they are planning to (which means they haven't done yet) which is a red flag for inconsistency.
I am sorry to say but I see less chances for you. I guess you can talk to your lawyer and take the case to court so that you get another chance to explain yourself. Since you are on OPT right now, they will close the case.

 

[satrianic]

3.police reports mentions me as being the victim and my dad as a primary applicant, but it doesn't say that anywhere in the police report that i was there with my dad to file the report nor does it say that my father was the only one who was present at that day at the police station. police are only to mention the incident the applicant and the victim not the person present inside the police station.

4.Since they are again planning to move, i think i need to say that have plans to move regarding the recent news not all the past relocation they have suffered due to the threats. i think it was just a case of misunderstanding.

 

[MWDW]

The main mistake here is you were in status and you decided to go to the interview without lawyer to help you debate your case,
or be a witness and protest if the immigration officer ask you something incorrect or unreasonable.

you see, because you were still in status, that mean you were not able to fight your case to the immigration court in case your rebuttal were denied... well, actually, you could ask your lawyer to file a complain to the director of the asylum office and ask the director for a courtesy referral to the immigration court so you can have a second chance there to fight your case.
but this depend on the director of your San Francisco asylum office to decide.
if they decide not to refer you, you will not be able to continue your case again.
well, you can always reapply if you have a brand new evidence... but this is not easy ... if your claim is still based on the same one.

if you are out of status and if the asylum office deny you,
then you can still fight your case at the court (second chance), and by that time you might want to hire a lawyer...

but for people who are in status, they should hire the lawyer from the start, because asylum office interview is the only chance they got (no court, no second chance)...

you should ask your lawyer, what is the chance for filing a courtesy referral to the San Francisco Asylum office director,
just in case they refuse your rebuttal...

Good Luck

 

[MWDW]

Thanks for reply,

I applied at San Francisco Asylum office, She was a Chinese officer and It was more like a interrogation on my grammatical mistakes and errors rather than interview with a officer. she never asked me about my political involvement or anything pertaining to my political asylum .I have hired a attorney and he is willing to write a rebuttal. the claims that she made to my inconsistency were really absurd and juvenile.

1.for one instance she pointed out that i wrote "I tried to get up and fight back but somebody grabbed both my hand from behind and other men pulled out a knife and he flaunted his weapon" when she asked me how many men pulled out a knife , i told was it was only one..... she called it inconsistent cause i wrote "men" instead of "man". she didn't bother to read along the line , then she would have noticed it was on of the men who pulled out a knife not "knives" and "he flaunted his weapon" and not "they flaunted their weapon". I don;t believe i could be denied my asylum on such silly grammatical mistake.

2.she pointed out that i had a mistake on my second attack date on the translation even though the original police document states that the same date i indicated on me declaration and i testified same date orally. So how can she think i am not eligible for asylum based on the translation error made my the translation of the documents.

3. she asked me if i went to the police station with my father to file a police case. i told her i did but she says that since the police complaint was filed by my father, there is no indication that i went to the police station with my father. i don't think the police will indicate all the people who accompanies the primary applicant in their police report. how can she tell me that i am not credible just because police they don't mention me along with the primary applicant (my father in their report)? nor it is mentioned that only my father went to the station and he was the only one present during filing the report.

4.i told her that "my parents are planning to relocate" and she told me that your fathers statement says they have already relocated, to clarify the question i told her that they have relocated in the past due to the Maoists threat and now again they are planning to relocate, she told me that my statement was not credible.

First of all i had to answer a Chinese officer and i had a hard time understanding her English.
Second of all she had a training officer, so i felt outnumbered and was nervous during the interview.
Lastly she didn't have a heart to be asylum officer.


What do you think about my chances to rebutt these issues. Can one be denied asylum based on these silly issues?

3.police reports mentions me as being the victim and my dad as a primary applicant, but it doesn't say that anywhere in the police report that i was there with my dad to file the report nor does it say that my father was the only one who was present at that day at the police station. police are only to mention the incident the applicant and the victim not the person present inside the police station.

4.Since they are again planning to move, i think i need to say that have plans to move regarding the recent news not all the past relocation they have suffered due to the threats. i think it was just a case of misunderstanding.

Well, regarding the first inconsistencies, I guess that is just grammatical and usually forgiven,
but the other 3 inconsistency are the one that really matter, but of course since you had 3 other inconsistencies,
this made her to include the first grammatical one as EXTRA indication of inconsistency.

The most fatal mistake is,
why did your father is the applicant who file the police report if you were the victim and you also go with him to the police station?
I mean if your father also getting beat up, then OK, I understand that both of you file together,
but if it was you who were the victim, and you indeed went to the police station, it should be you the victim who file the police report. at that time you were not under age right?
it could happened that someone else file a police report for you, but this only can happen if you as the victim were
unable to come to the police station (example, you were in hospital because of the wound...)...
so this is really a strange thing and make it almost unbelievable to any asylum officer.
if there is a police report, and there is the victim there, the signature on the police report should be the victim (you) not your father... (again, your father do not get beat up right?)

The second most fatal mistake is,
of course the statement from your father is again inconsistent...
and you should notice this before you submit the application...
if you said he had not relocated, but your father statement said he had relocated...
well that is a big thing...
even if you want to correct it by saying that your father had relocated in the past and then return
and now planning to relocated again,
then you should correct your father statement in the first place before you submit your father statement,
and synchronized it with your statement so everything is consistent...


the third mistake that is not so fatal but became fatal after the 2 fatal mistake above are,
how come you do NOT notice a very important mistake on the translation document?
I can understand if the mistake on translation document is spelling or grammatical error,
but in this case the mistake is THE DATE !
why don't you notice it in the first place ?
it show that you were not focus when preparing this application and this also alert the asylum officer...
because the DATE is very important...
you should not make a mistake on the date someone beat you up...

well, anyway, this is the past, and we can not go back in time,
so I hope your lawyer can somehow save you and get your rebuttal accepted
or get you referred to immigration court so you have second chance...

another reason why I wrote the explanation above is not to blame you,
but I want other here who is going to apply for asylum or is in the process of pending asylum
to realize that consistency is very important, so hopefully we all can learn from what other experience.

again, Good Luck to You,
hopefully everything turn out good for you.

don't forget to please share your experience later after you file your rebuttal letter.

 

[satrianic]

2. it was also my mistake that i over looked the date of the incident, but i have the re translation of the police report and the apologies from the translator stating that its his mistake on translation. i hope this would convince the AO

3.I was back to my country only for a week, so my father as being head of the household decided to file the police report and I along with my sister, my mother and couple more relatives were present at the police station to file the complaint. Police never asked for me since they had already verified that when i was admitted to the hospital and marked the hospital record as a police case. So i guess they had no need of me to be there in the first case. we were just there if incase they want to re verify that i was his son (AO never give me chance to explain this to me)

4. Lastly i mentioned that my parents had plans to move, this doesn't necessary mean that that never moved in their lifetime and doesn't falsify that they had relocated. It was just the word play that AO used to show lack of my credibility. but how come my parents relocation pertain my my fear of persecution?

 

[omaba]

Satrianic, how was your interview? Did you feel the officer was not friendly during the interview? Did you go to the asylum office to pick up the result?

 

[omaba]

what do you guys think of the issues pointed out by the asylum officer? does the same AO will read
my rebuttal or her supervisor will get a chance to take a look at my case

Did she ask you about the issues she listed during the interview?

 

[satrianic]

my interview was more like a examination where i had to make up to a passing grade. AO was a women and had a persona of a Sargent she didnt have a heart to listen to my story and reasons that i filed for a political asylum. yes i did go to pick up the decision at 4 pm on 12th november as told by the AO but guess what it was 1 pm on 12th November that i was supposed to show up that day. this only shows how negligent was she towards me and my case.

 

[satrianic]

yes did ask me about the issues except no 3. but i was outnumbered by her and her training officer and i wasn't able to summarize the pain and torture i felt during my active political years within 1 hr of interrogation. 3. Yes my story had inconsistency in my claim, and it ironical that sometimes the cases that are real and aren’t fabricated often have more inconsistency. Usually the story that are fabricated and that’s rehearsed is going to be tighter. Asylum officer claiming me that somebody had helped me prepare the case falters on her own issue because if I was helped by someone else then he/she could have help me correct me the mistakes and the grammatical errors. These errors occurred because I was the only one who prepared it and the errors are bound if only seen by one set of eyes.

 

[omaba]

yes did ask me about the issues except no 3. but i was outnumbered by her and her training officer and i wasn't able to summarize the pain and torture i felt during my active political years within 1 hr of interrogation. 3. Yes my story had inconsistency in my claim, and it ironical that sometimes the cases that are real and aren’t fabricated often have more inconsistency. Usually the story that are fabricated and that’s rehearsed is going to be tighter. Asylum officer claiming me that somebody had helped me prepare the case falters on her own issue because if I was helped by someone else then he/she could have help me correct me the mistakes and the grammatical errors. These errors occurred because I was the only one who prepared it and the errors are bound if only seen by one set of eyes.

Sorry to hear that....You should consult a lawyer asap to figure out how to write the rebuttal. Also please keep in mind that you would have to wait until your OPT expires even if you want to be referred to the immigration court.

 

[satrianic]

what if i request for a courtesy referral to the IJ?
also me and my wife applied for political asylum , my wife being the derivative.
is there any way she can file for asylum with me being the derivative?

 

[MWDW]

what if i request for a courtesy referral to the IJ?
also me and my wife applied for political asylum , my wife being the derivative.
is there any way she can file for asylum with me being the derivative?

I really advise you to consult with your lawyer,
to my understanding you had recruit a lawyer to write you a rebuttal right?
if this is correct, then your lawyer should know more about this question than us here.
not that we don't want to help you,
but your question is very specific to your case, and not happened very often to other here.

but if I were about to comment on the above question,
my personal (non professional logic) would be,

if your wife experience things that make her eligible to apply for asylum, then yes, she can apply with you being derivative,
but if your wife wants to apply based on you as the victim, then I don't think it is possible.

ps: for courtesy referral, you should also asked your lawyer to do this for you, just to make sure no more mistakes,
and if you want to be very sure, consult SEVERAL lawyer, to make sure you get the best lawyer to represent you.
Remember this might be your last chance...

 

[satrianic]

Thanks for your reply.
If the rebuttal gets denied then i have no choice but to get victimized from the people who i seek asylum from.
Rather than that my wife can seek asylum so both of us can be protected.
p.s what are the chances of getting courtesy referral to the immigration judge? has anyone ever done that while in status?
and how long would i have to wait until i get the decision after the rebuttal?

 

[omaba]

Thanks for your reply.
If the rebuttal gets denied then i have no choice but to get victimized from the people who i seek asylum from.
Rather than that my wife can seek asylum so both of us can be protected.
p.s what are the chances of getting courtesy referral to the immigration judge? has anyone ever done that while in status?
and how long would i have to wait until i get the decision after the rebuttal?

In order to be referred to the immigration court, you will need to be out of status. But since you are on OPT, you will need to wait until your EAD card expires, at that time you will be out of status.

 

[satrianic]

So i will be refereed to the immigration court or should i mention on my rebuttal that if in case the rebuttal is rejected please refer me to the Immigration Judge?