If you saw a judge who order deportation; can you still apply for asylum under credible fear?

Asked about 3 years ago - Riverside, CT

if you saw a judge who order deportation; can you still apply for asylum under credible fear?

Attorney answers (3)

  1. Robert C Ross

    Contributor Level 11

    Answered . If I understand your question correctly, you have already been ordered deported. If you case is still on appeal, you can request the Board of Immigration Appeals remand your case to the Immigration Judge to consider asylum, but only if there are changed conditions which have come up since the time of your hearing. Same is true if you did not appeal, but you will need a motion to reopen, rather than a motion to remand. Either way, you usually must have reasons for applying now that did not exist when you saw the Immigration Judge. But every case is different. You need to discuss your case with an attorney.

  2. Nicklaus James Misiti

    Contributor Level 19

    Answered . It may be possible. You may need to file a Motion to Reopen. Why did you not file for asylum during the original hearing? To have any chance you will really need to speak with and retain an immigration attorney.
    Regards,
    Nicklau Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  3. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . Ensure you have an asylum claim and not just applying because you are in deportation proceedings.

    Contact an immigration lawyer to discuss your asylum case prior to application.

    You are welcome to use the link provided below.

    Goodluck.

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