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How can I reopen my denied asylum or file new asylum? A different Asylum Office has now jurisdiction over my current residence.

Oakland, CA |

Eritrean, applied for asylum without attorney while I was on F1 status; was denied. I filed a motion to reconsider, but never got a decision. When I finished school, moved to a different State. Fell out of status, I & my lawyer filed new asylum application with the AO that has jurisdiction over my current residence. After about 3 month of no news I visited the office, then they told me to apply with the first AO that denied my case, which I did. The file was transferred from the previous AO to the current AO. After waiting for about a year and making a lot of visits to the AO, they told that my file was returned back to the first AO that denied my case. Why is my asylum being kicked b/n two offices? Why didn't they give me a new interview or transfer my case to court? EAD was denied too.

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Attorney answers 4

Posted

Without reviewing your file it is hard to say. if you were in status at the time of the interview and subsequent denial, that should be the end of the AO's involvement in your case. Filing a new application would not result in a new interview, especially if it was based on the same facts. More likely the Immigration Judge is where your case SHOULD be, but there is no guarantee that you would be placed in removal proceedings. Meet with an attorney to review your case and the best "next step."

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Niloufar Khonsari

Niloufar Khonsari

Posted

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Asker

Posted

I fell out of status for over a year, but no NTA has been issued. Could I not apply for a new asylum application based on same grounds with the AO that has jurisdiction over my residence, based on changed circumstance, which is falling out of status? Thank you!

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

These are very case specific questions that are hard to answer without knowing more about your unique situation. Many people who are out of status NEVER have an NTA issued. Merely falling out of status is generally not the type of changed circumstance contemplated by the law. I would suggest an in person meeting with an attorney if you are not satisfied with your current one.

Posted

I agree with my colleague.

Please click the link below for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

Normally, when an asylum officer does not grant you asylum, your case is referred to the Immigration Court. If you go off the usual track, the process can take an unexpectedly long amount of time. I recommend you call this EOIR number and enter your A-number (usually a 9-digit number) to see if your case was referred to the Immigration Court without your knowledge and what the status of your case is: 1-800-898-7180. I also recommend you navigate your case further with the assistance of an attorney.

Posted

If you have a lawyer what are you doing at a USCIS office making inquiries? The lawyer should be handling your case. Sounds like your lawyer is doing a poor job.

While the specific facts of your case are unclear, It appears as though you were maintaining lawful status when your original asylum application was denied. In that case, the process is over as no NTA issued as there is no basis for removal proceedings. You can file a subsequent asylum application if you can show a change in circumstances.

In any event, USCIS cannot just ignore the fact that the application is pending and if it has been pending in excess of 150 days you are entitiled to employment authorization.

Consult with an experienced immigration attorney who can review the facts of your case in detail and advise you how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Asker

Posted

The first asylum application was denied, but not referred to court since i was in student status. After finishing school, my status expired. Next, I filed a new I-589 based on similar grounds as the first I-589 but with a different Asylum Office as I moved to a different location. Along with my application, my lawyer in a statement requested for a new interview or my case be referred to court. We did not want to request NTA from the first AO because we thought it would take a lot of time to get to the court that has jurisdiction over my current residence. Doesn't being out of status account as change of circumstance? The USCIS law allows new applications to be made with AOs with the express consent of the of asylum director, which is usually given if the applicant was previously denied asylum. Now, on what basis (law) can this AO which has jurisdiction over my current residence kick back my entire file to the first AO that denied my case in the first place- All they told me was that the first AO should finish what they started. And they have not given me any written communication although in the law it states I-589 filed with Asylum Office should be acknowledged with written letter. All these information I found out only by visiting their office. I feel like I am unfairly treated. Thank you for your help!

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

The law does not require that an asylum application be adjudicated in any particular period of time or that an NTA be issued. You have an attorney who knows the specifics of your case. if you are not satisfied with your attorney then I suggest you consult with another for a second opinion. Avvo is not the place for case specific advice.

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