I apply for asylum after 2 , 5 years of illegal status but i came on J - 1 visa legally , I'm still without decision of immigration because they said i didn't apply in a first year and now I'm waiting the individual court date which is May 2014 . How can i fight for my status ?
There are special requirements if you missed the one year filing deadline. You really need an immigration attorney who handles asylum and deportation as you will have an individual hearing on the merits of your asylum application.
Requesting general "information for asylum because I'm in process of removal" as you put it is similar to attempting to master an F-16 fighter jet by reading a manual alone.
In my professional opinion, any asylum case requires an excellent understanding of issues, great knowledge of the applicable relief and operational use of relevant case law that would facilitate such claim.
Additionally, a late filing beyond the first twelve months period requires a very specific showing of changed circumstances. I personally do not know how one could effectively present such a case in removal pro se without an effective assistance of a competent immigration counsel.
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You will absolutely need to hire an attorney with experience working on defensive asylum cases. The one year rule can be overcome, but you have to prove extenuating circumstances prevented you from doing so. The requirements for this are very specific and so it is essential that you retain an attorney to represent you.
This is not something that you can handle on your own.
You need to prove you are within an exception to the one year deadline, and that you meet the requirements for asylum. If you do not have an attorney, you may wish to get one. If you have an attorney, your chances of being granted asylum are statistically far higher. If you try it on your own, it is very hard to tell you what to do except to find out what qualifies you for asylum, and get proof you meet those requirements. Learn about the laws of evidence and cross examination, and learn about the REAL ID Act and how it impacts which evidence you must present.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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Do you currently have an attorney or did you have an attorney with you the first time you went to court? Have you actually filled out and filed your asylum application with the court already? Asylum cases are very tough, and nearly impossible to win on your own. I strongly encourage you to consult with an experienced immigration attorney to discuss your case in depth. I also encourage you to do so sooner rather than later, so that if you decide to hire an attorney, the attorney will have enough time to work with you and prepare your case--these types of cases take alot of work and a long time to prepare. Best of luck to you.
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