How To Apply For Asylum

Attorneys Thomas W. Goldman and Peter J. Loughlin are proud to announce the release of their new guide, “Applying for Asylum in the United States” explaining how to apply for asylum -  available in print or in downloadable PDF format. Our asylum clients at the Goldman & Loughlin, PLLC Law Firm have fled violence, persecution, and civil wars around the world. Some have come to the United States legally with a visa, and then overstayed, but others have risked their lives traveling by boat on the high seas to U.S. shores or by making their way undetected across the Mexican or Canadian borders.

Their stories are both tragic and unbelievable at times to many Americans. Haitians tell of horrible beatings with guns, batons, and machetes, and of their family and friends being killed for expressing their political opinions. Colombians live in fear of the FARC guerrilla group and flee their country in order to save their lives, many times leaving children behind; Venezuelans are “blacklisted” by Hugo Chavez’s regime; East Europeans are victims of human trafficking and prostitution rings; Kenyan women are subjected to female genital mutilation; Indonesians are targets of religious persecution; and El Salvadorians are menaced by gangs that the government is not able to control.

All of them have in common the goal to journey to America in order to have a better life for themselves, and hopefully, for their families in the future.

Why The How To Apply For Asylum Guide Was Written

This how to apply for asylum guide was written to provide useful information on filing for asylum in the United States. The focus is on the requirements for eligibility and the asylum process. The information presented is an overview and does not attempt to deal exhaustively with any of the topics covered.

Goldman & Loughlin, PLLC is a full service, immigration law firm. We represent clients in USCIS interviews, go to Immigration Court, and file for marriage and business visas both in the United States and in Consular offices nationwide and worldwide. We have the ability to communicate with clients in over 150 languages and are dedicated to the needs of our clients who have come to us from over 40 countries.

Get the How to Apply for Asylum Guide Today

If an asylum case is denied, many people fear that they will be deported immediately. That is not the case. Once the immigration judge denies a claim for asylum, the respondent (person claiming asylum) is given 30 days to file an appeal with the Board of Immigration Appeals (BIA) in Falls Church, Virginia. During the 30 day period, and the time it takes for the BIA to make a decision, the respondent is protected from being deported (or removed, as the immigration order would read).

It is not necessary to appear in person before the board, although personal appearance may be requested by the respondent. The appeal is processed in two parts: first, the court is notified of the appeal. This is done by completing form EOIR-26. The form must be received at the appeals court no later than the thirtieth day from the date of the Immigration Judge’s order, so be sure to send the form in a manner that can be tracked. Along with this form, you should also mail a check made payable to the US Department of Justice in the amount of $110 for the filing fee, or complete and send Form EOIR-26A, which is a fee waiver request. The court will also need to receive a copy of the immigration court order, and if respondent is represented by counsel, Form EOIR-27.

The second part of the appeal will take place in approximately two months, when a transcript of the Individual Hearing is mailed to the respondent or attorney, with a notice that a legal brief will be due in approximately three weeks. You will receive the transcript and request for a brief only if you indicated on the Notice of Appeal (Form 26) that you intend to file a brief. It is strongly suggested that you have an attorney handle your appeal, and in particular, to write the brief. A legal brief is a document which states the facts and points of law concerning your case. It is a vital part of the appeal process as it gives the respondent the opportunity to discuss particular errors the immigration court may have made.

Our experience at Goldman & Loughlin, is that it takes about 9 months to a year for the court to render a decision. Again, if the court denies the appeal, the respondent has the opportunity to file another appeal with the Circuit Court of Appeals or even to the US Supreme Court. However, from a practical standpoint, this is not done in most cases due to costs and the strict requirements to be eligible for relief in the federal courts.

If the appeal is dismissed and no appeal is made within 30 days,  the respondent is expected to leave the United States.

Taking Voluntary Departure in Immigration Court

If you are in removal proceedings in immigration court, but married to a US citizen, one form of relief is to request voluntary departure. That is, unless you have accumulated unlawful presence in the US. Be sure to speak to an immigration attorney before deciding to either simply leave the US without going to court, or taking voluntary departure in court. The laws concerning unlawful presence are complex and you want to make sure that you do not subject yourself to an automatic bar of either 3 or 10 years once you leave. The purpose of taking voluntary departure is to allow someone who does not qualify for adjustment of status in the US, to leave the US and then ask to return as a result of being married to a US citizen once the I-130 Petition for Relative Alien has been approved.

Voluntary Departure v. Self-Deportation

If you leave the US without going to court, you will self-deport and have to stay out of the US for several years before returning. However, by going to court and requesting voluntary departure, even though you entered the US illegally, you would not have unlawful presence if you filed an asylum application within one year of your entry. Unlawful presence may be tolled in other situations as well.

Voluntary departure is a discretionary form of relief, meaning the judge has the ability to grant or not grant voluntary departure even if technically, you are eligible. You will be asked to confirm that it is your decision to take voluntary departure, what arrests and convictions do you have anywhere in the world, whether or novoluntary deparuret you have been ordered removed before or taken voluntary departure before, and whether or not you have a passport and the ability to pay your own way out of the United States. You will also have to advise the court that you will leave on or before the date provided by the court. The most time you will be able to remain in the US after taking voluntary departure is 120 days.

Complying with the Voluntary Departure Order

Once you take voluntary departure, it is very important that you make an appointment to appear in person at the local US Immigration and Customs Enforcement (ICE) office to present a copy of your passport and airline reservation. Form G- 146 will be provided to verify your departure from the US. This document should be taken to the US Consulate in your home country. By complying with the voluntary departure procedure, your case will avoid unnecessary problems.

In February, Pres. Bush received a letter from President Preval asking for Temporary Protected Status (TPS)  This would allow immigrants from Haiti to remain and work in the USA for a limited time.

See Update on Haitian TPS

So far the USA has refused to offer this status to immigrants from Haiti, but other countries such as Nicaragua, Honduras and El Salvador enjoy this status. For years, Haitian-Americans have pleaded for a halt to deportation.  Over 650,000 Haitians were affected and 61 people died as a result of the latest hurricanes.

Because of the result of these hurricanes and storms that have ravaged Haiti, community leaders and politicians are calling for action. The Haitian Protection Act (HR522) is currently in committee urging the USA to extend TPS Haitian immigrants.

See Update on Haitian TPS

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When an officer of Immigration and Customs Enforcement appears at your door, families go into shock trying to figure out what to do. The immigrant is taken to a local office for processing. Hours, and sometimes days go by before you learn what is happening.

Steps need to be taken immediately to obtain release of the immigrant.First, contact an attorney. Attorneys know the procedures for contacting I.C.E., how to begin the bond process, paperwork to file, and  how to work through the court system.

When you receive a call from the immigrant ask these important questions:

1) How is their health. Do they need medication or prescriptions filled?

2) What is the name of the  facility where they are located?

3) What is their alien number (A# located on I.C.E. forms)?

4) What is the officers name and his phone number?

The bond process is complex. Some immigrants may qualify for release if: they are married to a U.S. Citizen, they have no criminal record, and they were not previously deported from the USA.

Others may NOT be eligible for release depending on a number of factors. It is VERY important that your attorney speak with the  immigrant as soon as possible. This can be done by a personal visit by the attorney at the detention center, or by having the immigrant call the attorney. Immigrants are allowed to make telephone calls to their family or their attorney.

It takes time  to set a bond hearing, so you must be patient with the legal process. This can be stressful and frustrating for families.  Once a hearing is scheduled, the Judge will determine if the immigrant qualifies for a bond.

Key factors to consider:
• Local family ties;
• Financial ability to post bond;
• Immoral Acts or subversive Activities;
• Membership in community organizations;
• Prior arrests, convictions and appearances.

The minimum bond is normally $1500, but could be much higher. It may be posted by a family member, the attorney, a bond company or friends. [If a bond company is used, they will post the bond for the immigrant.  Collateral in the form of equity in property or cash available on credit cards will be required.  A fee of 10-15% of the bond will be charged as the fee by the bond company.]

Payment must be made with a US Postal Money Orders only, and will be returned if/when the court process has been completed. Refund of monies usually takes several months.

Immigration Guys

Related articles

• Working With Immigrant Families (psypress.com)
• Immigration Judges Dismissing Faulty Deportation Requests In Record Numbers (alternet.org)