Tourist Visa in Status, Might NOT referrered to Immigration court ?

M

MWDW

Registered Users (C)
Hi everybody,
Usually people who came to US using Tourist Visa had 6 month to stay legally inside US.
If that person apply for Asylum in about 1 month after he arrived,
and he got his interview in about 1 month later (2 month after he arrived in US),
and Asylum Office reject his asylum application before the 6 months time limit,
What will happen?
My questions are:
1. Will he be automatically referred to immigration court ?
or
2. Since he is still in status (inside the 6 months limit as tourist),
could the asylum office just closed his case and not referred him to immigration court ?

If the second scenario happened, meaning the asylum office just closed his case,
but not automatically refer him to immigration judge,
then what happen if he still stay in US after 6 months?
I mean most likely he will not be deported unless he make some crime or somehow he "raise the attention"
to the immigration office... but that also mean he is in limbo since he can not continue his case to the immigration judge, and yet unable to be reviewed by asylum office again unless he had a brand new case.

If this happen,
Can he apply to immigration court on his own so he can meet the judge to get asylum using THE SAME CASE that had been rejected by asylum office and classified as case closed?
or
Did he need to find a new evidence/new case in order to be able to be consider asylum applicant when applying for asylum at immigration court/judge?

Because some lawyer advise their client (who came with tourist visa)
to just wait until they almost run out of status before applying for asylum.

This way, if asylum officer deny your case, they will be forced to automatically refer you to immigration court/judge
and you will have your second chance of getting your asylum status at the court using the same case/story.
so for people who enter the US legally as tourist visa,
that mean they have to wait until at least the end of the 4th month after they enter US before they apply their asylum application with asylum office. (just to make sure that if they got denied by Asylum office, they decision came when they are already out of status).

What do you guys think?
 
MWDW,

If the individual is in lawful status regardless of his visa type he will not be referred to Immigration Judge but instead he will receive notice of intent to deny (NOID) prior to final denial. Then will have another 16 days to submit a rebuttal to NOID. If the Asylum Office finds legit response they may approve the case or otherwise will issue a final denial. At this point the individual can submit another asylum application with new evidences with the Asylum Office. Or may request the asylum office to refer his case to IJ. This is at AO discretion.
 
asylum_seeker said:
MWDW,

If the individual is in lawful status regardless of his visa type he will not be referred to Immigration Judge but instead he will receive notice of intent to deny (NOID) prior to final denial. Then will have another 16 days to submit a rebuttal to NOID. If the Asylum Office finds legit response they may approve the case or otherwise will issue a final denial. At this point the individual can submit another asylum application with new evidences with the Asylum Office. Or may request the asylum office to refer his case to IJ. This is at AO discretion.
Click to expand...

Asylum_seeker,
Thank You for Your complete response.
so in the end, after AO issue final denial,
turn out we still can ask the AO to refer our case to IJ... (even while we are still in status)...
This is new to me.
What kind of procedure or forms needed for this request? (to request AO to refer our case to immigration judge
eventhough we are still in status).

Another question that I have is,
some lawyer said that The Asylum Officer can issue us a FINAL DENIAL right away
and do not have to give us Notice of Intent to Deny prior the final denial.
Is this true ?

I also have another question but I will start a new thread since the topic is entirely different.
Thanks again.
 
MWDW said:
Asylum_seeker,
Thank You for Your complete response.
so in the end, after AO issue final denial,
turn out we still can ask the AO to refer our case to IJ... (even while we are still in status)...
This is new to me.
What kind of procedure or forms needed for this request? (to request AO to refer our case to immigration judge
eventhough we are still in status).

Another question that I have is,
some lawyer said that The Asylum Officer can issue us a FINAL DENIAL right away
and do not have to give us Notice of Intent to Deny prior the final denial.
Is this true ?

I also have another question but I will start a new thread since the topic is entirely different.
Thanks again.
Click to expand...

-regarding your first question, if you are being represented by your attorney then you can ask your attorney to request asylum office to refer your case to IJ. Like I said it is up to AO discretion to either refer you or not.
- And in majority cases if you are in status they will first issue a NOID and later a Final denial if still found ineligible. I don't know if they will actually send a final denial prior to NOID. But remember that Asylum is a discretionary program, which means that they do you a favor and you can't claim rights in this process. They can do whatever they feel like doing and you can't do anything about it.
I wish you best of luck.
My advice is if you get a final denial then wait until you go out of status and submit another application with USCIS. They will either give you another chance to see an asylum officer for an interview or automatically refer you to IJ.
 
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