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.
I agree with my colleague.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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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."
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.
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.
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