Waiting Asylum decision
- Thread starter LadyLee
- Start date
I got a decision today, it's a notice to appear because we filed late, we filed 3 days before the dead line and because of the mistakes when filling the form our application was returned to be rectified now they need evidence that we submitted on time, the AO found our Asylum story credible juat the submission was late... I'm so down right now
msv5450
Active Member
You can present the rejection notice that the USCIS sent for your initial filing as evidence
Cases referred to court, cannot be sent back to Asylum Officers for re-evaluation. Unfortunately, even though you have evidence to rebut your case, referral to court means this is a fresh case. What you and your lawyers can do:
1. Prepare for a full fresh case. You must prepare your case to convince the judge. Forget everything that happened during the affirmative asylum process.
2. As one of your exhibits, you can present the judge with the outcome of the affirmative asylum process - give the judge the rebuttal, showing that your case was not filed late. It is up to the judge to consider this exhibit in his/her final decision. Technically, the judge is NOT bound to include this in his/her decision. I would add it to my exhibits if I were you, but with the full knowledge that the judge is free to ignore it.
I got my asylum through the immigration court. Like others, we are 'battle tested'
. I have posted on this forum my experience (search my username). The quick reference pieces of advice I can give you is: a) Relax, and calm down - cases in immigration court move very slow. It could take years for your case to conclude. b) You cannot win a case without a lawyer in immigration court. You need help to present your case. c) Be wary of continuances, they can force the court to postpone making decision on your case for years. Good luck!
Thank you so much, I'll definitely get a lawyer this time around just a quick question, is my EAD application going to be affected? I filed on Monday and got a decision today and one more thing am i gonna get a letter for a court date?Cases referred to court, cannot be sent back to Asylum Officers for re-evaluation. Unfortunately, even though you have evidence to rebut your case, referral to court means this is a fresh case. What you and your lawyers can do:
1. Prepare for a full fresh case. You must prepare your case to convince the judge. Forget everything that happened during the affirmative asylum process.
2. As one of your exhibits, you can present the judge with the outcome of the affirmative asylum process - give the judge the rebuttal, showing that your case was not filed late. It is up to the judge to consider this exhibit in his/her final decision. Technically, the judge is NOT bound to include this in his/her decision. I would add it to my exhibits if I were you, but with the full knowledge that the judge is free to ignore it.
I got my asylum through the immigration court. Like others, we are 'battle tested'
Good luck!
There is no impact. In the past, because cases were referred to court fast, continuances (advice c) above) would block you from applying for an EAD, if you delay the case. Not the case these days, so you should get your EAD.
FYI: I applied in middle of Jan 2008, had my affirmative asylum hearing Feb 7 2008, then got my decision two weeks later, I went to collect it at the Chicago Asylum Office - correct, in the old days, they actually gave you your decision in two weeks! The decision on Feb 22, was referral to court, with a master calendar hearing on April 9 - Day 60 since I had submitted application. At the hearing on April 9, judge asked me and my lawyers if we were ready to argue our case we said no. a) the judge issued a continuance for August 20, the following year
. Yikes. b) Since I caused the continuance, the EAD clock stopped at 60 days....until my case was decided 16 months later.Hi did you received it
Maryam1119
Member
Not yet maybe tmw but I’m not really hyped because my clock is running and days stopped counting today
Hopefully recommended approval all the best
Maryam1119
Member
Are you in the same position ?
Yes. It probably can make difference.
You can try to ask a direct question to the office.
One of the reason can be that preliminary decision was issued on your case but they not ready to mail to you before background check.
Apparently this is due to some data that they enter into the system but which are not visible to you (it is only affect your status in online system).
But an interesting trend is that it is still unknown about the people who received the decision after this status.
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Thank you for your information.I'm in status٫my interview was 10 months ago, after inteview status change to decision is pending
So after interview your status was Decision Is Pending and now it is changed to Application Is Pending? How soon it is happens?
Does your interview take place right in Los Angeles office or was in some field office? Officer was man or woman?
No , it is not change to Application pending.my status is Decision pending.
My interview was in Anaheim, CA
The officer was woman.
What is different between Application pending and Decision Pending ?
I thought you were asking, since you received this status. There seems to be no formal difference. A small proportion of people have status Application Is Pending.
But, as I said, it may be in because the data that is entered into the system on the office side.
We have addressed these issues here a million times: Please ignore status changes online. As your application is updated/processed, it will go through many different status...including going backwards etc. The only status you should care about is decision mailed or application approved....completely ignore all other status. It's summer now, do not let any other status, any change that is not application approved/decision mailed prevent you from going to the beach and enjoying your summer. Thanks.
I understand what are you trying to say but it is also clear that people would like to know what's going with their case now (review by officer, backlog, background check, etc.) and how long it can take.
Please note that some people will come in
Really I not understand want did he adds for us when he says this was addressed before .what if some thing new happened and some body want to share his new experience. Please guys either Reply the question or no need to comment