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Can I complain about the officer who interviewed me for affirmative asylum?

Brooklyn, NY |

My interview was horrible because 80% of the interview time my officer was certifying copies of all original documents and then was asking me the exact time and duration of my trips to each country I have been for all my life. I have been in more that 10 countries and not ones but several times so of course I did not remember the exact date, reason, duration of my stay for all my trips in 10 years! I did not know that she'l ask this question, so I didnt memorize bcause it has nothing to do with my asylum since my persecutions started after all this. Plus when only little time left she told me to answer to her questions related to my asylum only by YES or NO, so for so many very important questions I couldn't give full details & explanations. I didnt have a lawyer. What can I do now?

If immigration officer will refer my case to IJ do I still will get a chance for Asylum status?

Attorney Answers 3


  1. Just wait for the denial decision and your "referral" to immigration court, where you will be placed into removal proceedings. You made a BIG mistake the first time not be be represented by competent legal counsel in preparing and presenting your affirmative asylum application.

    Just be sure not to repeat the same mistake again in immigration court. This time you will have the ICE attorney acting as a prosector with the judge. With a good lawyer preparing you, you will given a second change to explain and answer any questions relating to your claim of persecution and fear of returning to your country of nationality.

    "Complaining" about the asylum officer who interviewed you will get you nowhere. What's more, anything you'll state in a complaint letter can later be used to impeach you in immigration court by the prosecuting attorney representing ICE who'll be hell bent on having you removed.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with the other attorney it was a mistake to go to this interview unrepresented. It sounds like the interviewer, simply did their job. What you explained is what they are required to do? This is why so many asylum applicants without an attorney get their case denied because they are not prepared correctly for the interview and do not know what to expect.

    I would highly recommend you prepare yourself for a referral to an immigration judge and hire an attorney to begin that case because it will be your last realistic chance to get approved for asylum. It is not too late to save your case. My firm handles such cases in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. Not much you can do now, just get prepared for the court. Have a lawyer review your submission, write down all questions and answers you have at the interview ..

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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