What to know about asylum BEFORE you apply

When an individual receives a denial for their affirmative asylum application, they are referred to the Executive Office of Immigration Review (EOIR), which serves as a neutral court for immigration matters. However, the majority of cases heard in this court involve individuals who have crossed the southern U.S. border illegally, without a valid visa. Even if individuals crossing the southern U.S. border request asylum immediately, they are considered “inadmissible” to the U.S. Nevertheless, the U.S. Customs and Border Protection (CBP) conducts a “Credible Fear Interview” for every person seeking asylum. The percentage of individuals deemed to have a “credible fear” during these interviews is uncertain, but those who are found to have a credible fear may enter the U.S. In some cases, individuals may be detained if they wish to remain in the U.S. If you or someone you know is in this situation, it is essential to seek legal representation promptly.

Some individuals may not pass their credible fear interview and are turned away at the border. However, those who are granted clearance can enter the U.S., but are not permitted to work and must not become a burden on public resources. They will receive a Notice to Appear (NTA) in court, specifying the date, time, and address of their proceedings. These court proceedings, held at the specified date and time, are removal or deportation proceedings, and I provide representation for individuals in such cases. Once an individual is in these proceedings, they have one year from their arrival date to apply for asylum. It is crucial to submit an asylum application (I-589) as soon as possible. When I initially meet with someone, it greatly aids the process if they have paperwork from when they crossed the border, such as their NTA and a copy of their Credible Fear interview.

In some cases, a first hearing, known as a Master Calendar Hearing, may take place (although sometimes it is not held, and written pleadings are submitted to the court instead). During this hearing, I represent clients and meet with them beforehand for preparation. The Master Calendar Hearing is relatively brief, with the Respondent (the asylum applicant’s name in court) answering the judge’s questions about their identity, country of origin, and whether they fear returning if deported. Following the first hearing, a notice will be sent regarding the second hearing, known as the Individual Hearing. The Individual Hearing is more extensive and may involve the calling of witnesses, as well as arguments and disputes regarding the merits of the asylum claim. After the Individual Hearing, the judge will make a decision on the asylum application, considering previous rulings and the credibility of the applicant, among other factors. A successful Respondent will be eligible to apply for a green card after one year of physical presence in the U.S., providing them with a pathway to citizenship. An unsuccessful Respondent will face deportation from the U.S., but they do have the right to appeal to the Board of Immigration Appeals (BIA).

I began representing asylum clients in interviews and court proceedings in 1999, in the United Kingdom. Asylum principles are governed by an international treaty, and I have devoted years of study to asylum law, familiarizing myself with its intricacies. It is important to note that not everyone is eligible for asylum. When evaluating whether someone has a valid asylum claim, I consider whether they genuinely face a credible fear of persecution in their home country based on their membership in one of the enumerated grounds. These grounds include race, religion, nationality, membership in a particular social group, or political opinion. In many cases, individuals experience persecution because they belong to multiple of these groups. For instance, a Christian woman from Iran may have faced persecution in her country of origin due to her gender (membership in a particular social group) and her religious beliefs.

Having prepared asylum cases from more than twenty countries, I have extensive knowledge of regions worldwide where persecution occurs, including Mexico, Central America, and South America. If you would like to discuss the potential merits of your asylum case and determine whether it qualifies as a viable asylum claim, please contact me to arrange a consultation.