Law Office Of Alena Shautsova Shares Points For Successful Asylum Claim

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Asylum seekers in the United States are often confused about the complicated application procedure and technical requirements for filing an application for Asylum and Withholding of removal. Law Office of Alena Shautsova explains the main steps for asylum filing and their significance.

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Instructions to asylum forms in the United States must followed strictly. An immaterial omission on the application form may lead to the rejection of the whole submission and delay in processing the claim and obtaining an employment authorization, not to mention, that incorrect filing may lead to more serious consequences as ultimate denial of the claim and deportation.

With the US courts’ asylum denial rates being at their historic low (according to TRAC Immigration), many have hope to succeed with their claims. However, it is very important to follow the rules of procedure and avoid common mistakes.
To start with, an individual who is already in the United States and his immediate relatives may apply for asylum using a free form I-589 that can be found on the USCIS website: (As a general rule, the application has to be submitted within a year after the applicant’s last entry to the United States. The list of exceptions to the asylum one year deadline can be found at the New York Immigration attorney portal.)

There is no fee for filing the form. The individual has to attach supporting evidence: certificates, police reports, medical records, etc. If the evidence is not available at the time of submission, the evidence may be presented at the time of the interview. A pro-se asylum seeker may benefit from a literature on the topic; a good source with samples is AILA's Asylum Primer, 6th Ed. by Regina Germain.

After the application is received by the USCIS, an applicant will be mailed a notice of receipt, and be assigned an “A number.” It is important to have a reliable mail box at this point to receive a timely notification of the receipt and a following application for biometrics. After the biometric data is taken, the applicant will receive a notice of the interview with the Asylum Officer.

At the time of the interview, an asylum applicant will have to bring an interpreter if he or she is not fluent in English. At the interview, the Asylum Officer will give the applicant an opportunity to correct the asylum claim and submit more documents. The purpose of the interview is to clarify the issues, and to test credibility of the applicant. The interview is a very important step, because if an Asylum Officer determines that the applicant is untruthful, the applicant will be referred to the Immigration court.

If an Asylum Officer finds that the asylum applicant is truthful and qualifies for asylum in the United States, the applicant will be granted an asylum status, and after a year he/she may apply for a status as a permanent resident.

If an Asylum Officer refers the applicant to an Immigration court, an applicant will have to appear for a Master Hearing at the time and place specified in the referral notice. The Immigration court will consider application de novo: it means it is not bound by the findings of the Asylum Officer. A referral to an Immigration court is applicant’s second chance to prove that she/he is eligible for asylum. At this point, an applicant should have an attorney to avoid delays and mistakes that may lead to deportation.

Law office of Alena Shautsova is a full service New York Immigration law firm. Shautsova's New York immigration attorneys will fight for your immigration status, and asylum claim; we fight for your dreamed entry Into the United States of America and ability to live without pressure of being deported; call us today 917-885-2261.

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