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Asylum interview?

Elmhurst, NY |

I just filed for asylum and waiting for the receipt. I am out of status while filing for asylum.
I have heard that when you're out of status you won't be interviewed by the asylum officer but directly referred to a IJ . Is that true ?

When does the asylum clock start to tick? After the date of receipt of application?

Attorney Answers 5


No, it's not true, you will be interviewed by an asylum officer. The clock starts when your application is received. If you do not have a lawyer, your chances of approval are vastly lower, so be forewarned.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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You will be interviewed. Furthermore, as stated above, your chances increase substantially if your petition is prepared by an experienced and competent immigration attorney. The file is transferred to immigration court only if you are denied after your interview.

Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

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A complete distortion of the truth.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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The important question here whether you applied for asylum within one year of having arrived to the US. If you did not apply for asylum in time (and no exception to that rule applies to your case) you may still qualify for withholding of removal. Withholding of removal may only be granted by an immigration judge. The asylum clock begin to run when it is received.

Though you should have already retained an attorney, please do so now.

The posting above is for informational purposes only.

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That is not true. You will be interviewed by the asylum officer, even if you are out of status. However, if you filed for asylum more than one year after your arrival to the United States, you will not be eligible for asylum unless you can show changed and/or extraordinary circumstances. Even if you can't show such circumstances, you will likely still be interviewed by an asylum officer, then referred to an immigration judge for consideration of withholding of removal. As for the asylum clock, it starts ticking once you have properly filed the application.

As an aside, I would recommend you hire an immigration attorney for your case. Going it alone on an asylum claim, or with the help of a "notario" who is not a licensed lawyer (of which there are plenty in my neighborhood of Elmhurst), is very dangerous. At the very least, get a consultation. Good luck!

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