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What happens after completing a Eoir-26 form, Politicial Asylum appeal?

Fort Myers, FL |

I just completed a political asylum appeal and I want to know how long is the process to get an answer, I want to know if i can get a drivers license, and want to know what i can do and can't do.

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Attorney answers 5


There is no definitive single answer to how long the appeal will take. The BIA can issue a decision within a matter of months or years. As to a DL, if you had an EAD before, you should be able to continue to renew while your appeal is pending and therefore get the DL.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104



Hi Samuel, thank you for coming through again. I really like the way you cover the question and not the run around. Thank you for answer my questions

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina


You are welcome. Good luck.


About a year. You should not do that without an attorney, you will lose. It is way too complicated to do that on your own.

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.


If you mean an appeal from an immigration judge's denial of asylum then that is an appeal to the Board of Immigration Appeals. Those could take several months, even years, but there is no way to give you an accurate or precise estimate. It also depends on whether the person is detained or not, whether the appeal is dismissed summarily, etc.

If you mean an appeal from the Immigration Service's decision on an affirmative application that is actually not an appeal but a referral to the IJ. The IJ would then re-evaluate your case anew.

The issue is very very complicated and technical and so you would need an excellent appellate immigration attorney with a lot of experience. if you have completed the EOIR 26 it probably means you did it yourself so now seek excellent counsel, do NOT try to do by yourself as it is very very important to get good representation before the Board.

No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.

Kyndra L. Mulder

Kyndra L. Mulder


By appeal, do you mean from an asylum officer's decision to the court or a court decision to the BIA? Second, whether you are entitled to a DL and EAD depends on how long the case has been pending, which of the foregoing stages of appeal you are on and additional factors. Clearly, an asylum case can get complicated. I suggest you find an experienced immigration attorney to assist you. There are non profit organizations that assist in such cases. the USCIS and the court can provide a list of providers to you.


1.) It can take years.

2.) as for getting a DL, etc. a lot depends on your status before you were put into removal proceedings and how the IJ wrote your denial.

3.) If you didn't have a lawyer working on the removal case ... GET ONE NOW ... things are only going to get more-and-more difficult for you. A very, and I do mean VERY SMALL, percentage of people who are denied asylum by an Immigration Judge win on appeal. You need a top-notch legal team on your side.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


It takes years, especially if there are complicated issues involved. You need to have a lawyer helping you. IF you cannot afford one, try to see a pro bono counsel from local bar associations, legal clinic in local law schools..

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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