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I hired a lawyer for asylum but now I'm out of status & they haven't yet submitted my application. How will that affect me?

Edmond, OK |

Part of the delay is due to awaiting some important documents that will be attached at the time of filing as supporting evidence. How is my current status going to affect my case and what if the DHS tracked me down for deportation, what should I do?

Attorney Answers 3

Posted

Don't worry about it. The main thing is to submit an "approveable" application that is complete. If you are denied at the asylum office interview stage, you will the be "referred" to immigration court and will get a second chance to prove your case to a judge. It is oftentimes easier to win an asylum case in court, in font of the judge, than it is at the asylum office stage.
Best of luck to you!

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.

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2 comments

Asker

Posted

Thank you so much, that is comforting. Fingers crossed.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

My pleasure!

Posted

Just make sure the applications is submitted within 1 year of entering the country.

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.

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Posted

I agree with Atty Behar.

(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.

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