Instead, ask for it to be restated more clearly. <> If your claim is defensive, the immigration court system will handle it. If your asylum claim is found by being fraudulent or “frivolous” (completely lacking in merit), you could be ruled permanently ineligible for any U.S. immigration benefits — even a visa based on other grounds, such as student status. However, if you are requesting asylum for the first time in removal proceedings, you will have to file your asylum application in court. Functionally, this means that your affirmative asylum claim will be converted into a defensive asylum claim, and you will get another chance to prove that your claim is valid, this time at a hearing before an immigration judge. Once your case makes it to immigration court, the harsh reality of asylum claims is that denial rates vary drastically from judges to judges, from location to location and from year to year. See Timing of the Affirmative Asylum Application Process for a discussion of how long it takes the Immigration Court to process and decide your asylum case. h�b``f``������g̀ If there are inconsistencies, you should be sure to explain the reason, so that the IJ does not have a reason to doubt your credibility. Immigration Judge may set a call up date or another MCH for filing. APPLYING FOR ASYLUM IN IMMIGRATION COURT (EOIR) Over the last 30 years, our lawyers have represented many individuals in immigration court known as the Executive Office of Immigration Review (EOIR). Very few claimants win at this level, however — the approval rate is about eight percent. 177 0 obj <>stream This date can vary from court to court depending upon the backlog of cases. (In the latter case, you would literally hand your application over to the IJ at a court hearing. Although approval rates for marriage-based immigration are higher than approval rates for asylum applications, marrying a US citizen under these circumstances is likely to cast doubt on the legitimacy of the marriage. �ɳ<8[L��մ�Kx�Zl�_NY9Y���wx/{�M��fZNZl-E�����S�O.7@�|�'���s�b�zH{�v�[=�J����Mg\16���`��i�8 �N�l. Membership in a particular social group: This is a catch-all term meant to cover membership in a group that might be subjected to persecution. If the court orders you removed, you can appeal the decision to the Board of Immigration Appeals (BIA). If you fail to appear at any of your hearings, the Immigration Judge (IJ) might order you removed in absentia (deported due to your absence at a hearing). B��G&�J��y@.y�ZȾ����_j���I�����8ye|��gCW�e�J��' t,n�e-�f�/N� o�Y�R��]̡�X���K����˘�y6�~!r�N. What happens when you filed an asylum application yourself, and after your interview, you get placed in removal proceedings and your asylum application is referred to the immigration court?Is that a denial? • If this is not possible, then the applicant needs to demonstrate that the delay in the filing was due to extraordinary circumstances or that that the application was filed within a reasonable time after a change of circumstances that make the applicant eligible for asylum. Fill out the form completely — leave nothing blank. (Do Not submit any documents other than the first three pages of the You filed an unsuccessful affirmative asylum claim, and your case was referred to an immigration judge by the officer who rejected your affirmative asylum claim; You were placed in removal proceedings (perhaps after entering the US illegally or perhaps after overstaying your visa), and you subsequently filed a defensive asylum claim; or, You tried to enter the US without a proper visa, claimed asylum at the port of entry, and immigration officers preliminarily determined that your claim was credible (thereby preventing you from being removed immediately without a hearing). All Rights Reserved. See 8 C.F.R. If you have an attorney, he or she will make a short closing statement at the conclusion of your final hearing, summarizing for the judge why you should receive asylum, and addressing any doubts the judge appears to have about your story or your eligibility for asylum. Persecution: Persecution means the infliction of harm or suffering or a credible threat to your life or freedom. 154 0 obj <>/Filter/FlateDecode/ID[<16BAD23B7582DF4E9C79C14736B2554F><8D56D63E6885A644B21E1047CF8C9550>]/Index[133 45]/Info 132 0 R/Length 101/Prev 92829/Root 134 0 R/Size 178/Type/XRef/W[1 2 1]>>stream This was the only allowed filing procedure until 2016, when the Department of Justice issued a policy change memorandum.). Asylum claims can be divided into two types — affirmative asylum claims and defensive asylum claims. The asylum application and supporting documents must be filed by the date the IJ sets during your MCH (normally at least 15 days before your Individual Merits Hearing): A COS is a short form that states that you had provided the DHS trial attorney with a copy of your filing. In order to stay in the United States (and eventually permanent residency), asylum seekers must prove to an Immigration Judge that they have a “well founded fear” that they will be persecuted if they were forced to return to their countries of origin. 3 0 obj applications at the immigration court filing window as “lodged not filed” and will transmit the “lodged not filed” date to USCIS. If you file an affirmative asylum claim, the USCIS will send you an interview date within 21 days after the date that you submit Form I-589. If you do receive permanent residence, however, you will be eligible to apply for US citizenship four years after the date that your green card was issued. To simplify the foregoing standard below is a clarification of the legal meaning of some of the italicized terms used above. According to a study conducted by Syracuse University, over half of the asylum claimants who were represented by attorneys saw their claims approved, while only about 10 percent of unrepresented claimants were successful in winning asylum. Usually, the judge will grant or deny your asylum application orally, at the conclusion of your final Merits Hearing. You will then have the opportunity to call your witnesses. One year after being granted asylum, the applicant and their qualified relatives can apply for Permanent Residency. Asylum applications filed in court must be submitted at a hearing, in open court, within one year of the client’s most recent entry to the United States . Procedures for Submitting an I-589 Application for Asylum to the Immigration Court (EOIR), Encouraging Partners of Great Purpose to Influence Changes that Last, Trial Advocacy at the United States Institute of Leadership & Diplomacy, OHRA Legal Assistance Department Internship Program, Advocacy and Government Grants Internship, We Hold Classes to Prepare Immigrants for Citizenship & Oath, Helping Individuals & Families Resolve Immigration Problems, The Decline and Fall of Modern Civilization, Empowering People Living in Poverty Become Economic Self-Sufficient, Defending people against abuses committed by State and Non-State Actors, One copy of your completed Form I-589, Application for Asylum and Withholding of Removal, including any amendments or supplements with a certificate of service (COS) for the IJ, and. You may either submit it at the court’s window in-person, by mail, or in open court. To qualify for legal residence under US asylum law, you must first qualify under the legal definition of “refugee”, even though you are present in the US. In 2018, for example, only 35 percent of asylum claims were approved after six straight years of declining approval rates. 0 Second, an asylum clock starts running either from the date when the asylum application is filed with the Court or DHS, or lodged, whatever earlier. Your asylum claim is affirmative if you have not yet been placed in removal (deportation) proceedings; otherwise, it is defensive. What should be included in my asylum application? FILING IN PERSON AT THE FILING WINDOW AT IMMIGRATION COURT Take the original I-589 application and certificate of service (see reverse side of this guide) and two complete copies to the Immigration Court at 525 W. Van Buren St., Suite 500, Chicago, IL 60607. sylum is a US immigration status that is based on humanitarian concerns for people who have good reason to fear that harm will come to them if they return to their home countries. If your claim is affirmative, the USCIS must schedule your initial interview within 45 days after your application filing date, and it must reach a decision within 180 days after that date. %PDF-1.5 %���� These documents might include declarations from friends or family corroborating your story; newspaper articles reporting conditions in your home country; or a report from a medical expert if you are alleging previous physical harm or a psychological disturbance such as PTSD. Z��� Asylum claims, never easy to win, are becoming more difficult. You only need to show your membership in this group — you don’t have to show that you are being personally targeted. Asylum applications filed in court must be submitted at a hearing, in open court, within one year of the client’s most recent entry to the United States 3. To maintain an affirmative asylum claim, you must submit your application within one year of the date of your most recent arrival in the US. When the Affirmative Asylum case is not approved by the Asylum Officer, do not loose hope. Service Center issues receipt and biometrics appointment notice, which includes fingerprinting at Application Support Center (ASC) o Fill out the form completely — leave nothing blank. 2 0 obj 138 0 obj <>stream You have several options for how to do so. • If the judge denies the request for asylum, the applicant may appeal the decision with the Board of Immigration Appeals (BIA) and thereafter before the federal Court of Appeals. Your individual Merits Hearing will last several hours, and might even be scheduled for several separate hearings, depending on the amount of information you and the DHS trial attorney need to present. At a deadline specified by the IJ, you will also need to submit a Witness List, listing all of the people you plan to call to give testimony at your individual merits hearing, how long each person plans to testify, and what language the person will speak.

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