surrendered at the border or caught-at-the-border
applying for asylum at the border
If they do not appeal the decision (they have 30 days to appeal), then you officially have asylum. You can start building your new life in the United States. After you have held asylum for one year, you can then Adjust Status by filing a Form I-485 to get your Green Card/Permanent Residency.
If they do appeal the decision, then your case will be reviewed by an institution called the Board of Immigration Appeals (the BIA). This can take awhile for the BIA to consider your case. Unlike with the Immigration Judge, you will not ordinarily have to appear in person. Instead, the BIA will consider all the evidence and transcript of your previous hearing with the Immigration Judge.
However, for the best chance of success, you will still want to work with a lawyer to draft a brief that explains why you should be granted asylum. Hopefully, the BIA will decide in your favor, and you will be finally granted asylum. Then, after you have had asylum for one you, you can then apply to Adjust Status and get a Green Card/Permanent Residency by filing a Form I-485. If the BIA decides against you and side with the government, there may be appeals options available to you still, in the U.S. Courts of Appeals.
If you appeal the decision, you generally won’t have to appear in person for this appeal. Rather, the BIA will consider all the evidence from your case, and the Immigration Court’s record of your previous denied hearing. If the BIA believes that the Immigration Court erred in denying you asylum, then they can grant you asylum or send the case back to the Immigration Judge.
Even though you don’t have to appear in person for a court hearing for this appeal, having an attorney represent you in this process can greatly increase your chances of success.
A competent and knowledgeable Immigration Attorney, will be able to best present your appeal and explain why the Immigration Judge erred in denying you asylum, in a complex written argument for the Board of Immigration Appeals.
If the BIA ultimately grants you asylum on appeal, congratulations! You can apply for a Green Card/Permanent Residency by filing a Form I-485 after being in the U.S. for one year with asylee status. If the BIA rejects your appeal, then you may have options to appeal your case to the U.S. Court of Appeals.
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The U.S. asylum process is very complicated, so the best chance of success comes by working with an experienced asylum attorney. We are highly experienced in US asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart wrenching the asylum process can be, and we will be with you every step of the way.
Your citizenship and your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys at toll free at (888) ZONTLAW / (888) 9668529
Can I ask for political asylum from outside the US?
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Such a change in the schedule of interviews will make it possible to weed out those applicants who use groundless statements and try to use this process solely to obtain a work permit and will enable the USCIS to immediately identify such persons and begin the process of their deportation. In reality, the new Priority will allow the USCIS to make decisions on qualified asylum seekers more quickly and efficiently.
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