I applied for political asylum and they sent me a NOID. I have convincing reasons to get granted the asylum, but the interviewer clearly misunderstood my situation. They said in the notice that some reasons are “inconsistent.” Mom took the interview and maybe she got nervous, but the reasons are really good. We gave them a million reasons and they only concentrated on one minor reason that really makes no difference. I have an attorney and we're going to write a decent rebuttal. What are my chances of getting the asylum after that? Some people say that chances are weak and that I'll have to go to an immigration court, but others are being optimistic about it. I'm in legal status now. There's no way I can go back to my country. It's seriously dangerous. Any tips? Thank you. Wish us luck :(
When the asylum office sends an NOID it essentially decides to deny the case. Without knowing any of the facts of your case, and most importantly, your testimony during the asylum office interview, it is not possible to determine any further.
Don't feel too bad, though; very few cases are actually approved at the asylum office level. The majority get approved at the immigration court level, where you'll get a second chance.
You’d better sit with your attorney to regroup and learn from the mistakes and "faux pas" you might have committed during your interview, and make sure to correct them so you won't repeat them in court. Immigration court judges are much smarter than asylum office adjudicators, and if your attorney prepares you well and puts a good case together during your individual hearing, you'll be granted asylum.
Hopefully you'll get a good judge (many are excellent) and not a bad or biased one. You also have to watch out for the "assistant district counsel" from now on. These are the lawyers that represent ICE and will act as the prosecutor and will cross examine you. Unlike the asylum office, court hearings are "adversarial" proceedings. If you have a good lawyer, he or she will have appeared before that particular judge in the past and will know exactly how to proceed.
The key in all asylum cases is to exactly follow your lawyer's instructions (assuming you have a good competent lawyer) and not deviate from those even one iota. Memorize your personal declaration "cold" as well as the contents of the psychological report.
Most lawyers sit like statutes during asylum interviews and do not take any notes. The good and experienced ones note down every question posed and answer given. Hopefully yours did that and, in case your case is referred to court, will go over each question and answer with you so that the same mistakes will not be repeated again.
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.
It’s difficult to predict the outcome without knowing the facts of your asylum claim.
Please click the link at the very bottom for additional information.
(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.
Without knowing which fact CIS honed in on, it is difficult to assess your matter. Go back to your lawyer and speak with him/her. You can always get a second opinion.