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Removal proceedings instead of an Asylum case!!

Los Angeles, CA |

I will be out of status at the end of this months. I have 2 questions:

1- Is it possible under any circumstances that my pending asylum case gets transfered to an immigration court without getting an interview with an Asylum officer?

2- If the answer to that questions is "yes", will my case get the same attention from the court judge? Will this be considered some kind of removal proceedings?

Thanks :-)

Attorney Answers 3


If the officer does not believe you have established a "well-founded fear of persecution" and you are no longer in lawful status, a Notice to Appear will be issued placing you in removal proceedings. You can then renew your asylum application before an Immigration Judge.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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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Everything is possible. It is highly unlikely. If you are out of status and the AO referred your case AFTER AN INTERVIEW, you will be served with a Notice to Appear, which is a charging document and a summons to appear in front of an immigration judge, all in one.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Normally when you file for asylum you will first be scheduled for an interview with the local asylum office near you. (The asylum office is part of the United States Citizenship and Immigration Service or "USCIS"). Then your case will either be granted by the asylum office or will be referred to the immigration court. However, if you come to the attention of ICE (Immigration & Customs Enforcement) before you file for asylum (e.g. by being arrested by local police), and if they give you an "NTA" (a Notice to Appear in immigration court) in which they allege that you are in the United States in violation of immigration law, then you will not be allowed to submit your case to the asylum office, but instead should submit it in immigration court directly. Once an "NTA" is issued, "Removal Proceedings" have begun. Either way, my best advice is to find a trustworthy attorney to fight for you!
I hope this helps. Good luck.

Otis C. Landerholm, Esq.

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1 comment

Carl Michael Shusterman

Carl Michael Shusterman


Good answer

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