Skip to main content

What is the legal status of the person which is waiting for the Master Hearing for the Asylum case in the Court?

Los Angeles, CA |

What is the legal status of the person which is waiting for the Master Hearing for the Asylum case in the Court? Can this person be considered as the one legally present in the US? Thanks

+ Read More

Attorney answers 5

Posted

An asylee is usually considered no "unlawfully present," but that is not always an interchangeable term with "legal status."

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

Daniel Patrick Hanlon

Daniel Patrick Hanlon

Posted

That is an "asylum applicant," not an "asylee."

Asker

Posted

thank you. I was just thinking about getting an identification card from DMV. They have SNN requirement with one Exception: If you are legally present in the US, but ineligible for an SSN, you are exempt from SSN requirements. However, you must still provide an acceptable birth date/legal presence document for any DL/ID card application OR provide a valid SSN. That is why was trying to understand whether I can be considered as @legally present" thanks again for your answer.

Posted

An undocumented alien awaiting adjudication of the asylum application, which had been referred to the court for removal proceedings because USCIS refused to grant it. "legal presence" is a wide concept which includes a variety of circumstances and very much depends on the context. Talk to an immigration attorney.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Asker

Posted

I was just thinking about getting an identification card from DMV. They have SNN requirement with one Exception: If you are legally present in the US, but ineligible for an SSN, you are exempt from SSN requirements. However, you must still provide an acceptable birth date/legal presence document for any DL/ID card application OR provide a valid SSN. That is why was trying to understand whether I can be considered as @legally present" Thank you for your answer.

Posted

It would depend on the manner of entry, really. If you flew in legally, claimed asylum, and you're case was referred to the court for some reason, then you likely didn't accrue unlawful presence, and you're present legally. If you entered illegally, stayed for many years illegally, and are now using asylum as a defense in the court after getting caught, then your presence is likely not sanctioned by law, though it might eventually be if the court proceedings turn out in your favor. Given the information you provided, it's really hard to tell you with certainty one way or the other.

The answer given here is based solely on the facts provided, which may be incomplete, and is intended for general information only. It does not establish an attorney-client relationship, nor should it be relied upon for further legal action, which should only be taken after first having a consultation with an experienced, licensed attorney.

Asker

Posted

Thank you for your answer. I was just thinking about getting an identification card from DMV. They have SNN requirement with one Exception: If you are legally present in the US, but ineligible for an SSN, you are exempt from SSN requirements. However, you must still provide an acceptable birth date/legal presence document for any DL/ID card application OR provide a valid SSN. That is why was trying to understand whether I can be considered as "legally present"

Nasir M. Khan

Nasir M. Khan

Posted

I see. That explains the purpose of the question, but unfortunately it still doesn't provide much in the way of helping to learn your individual story for the purpose of determining lawful presence or not. Those regulations usually refer to someone, say, on a tourist visa who cannot receive a SS number because they don't qualify for one (they're not authorized to work), but nonetheless are lawfully present since they were admitted with a visa. Your situation sounds rather different.

Posted

An immigrant applying for I-589 asylum is usually considered as being given legal entry, but not admissible-not with lawful status, but pending his application or removal proceeding, is allowed legal presence. However, if you have been here illegally and are trying to use asylum to avoid removal, you are still with unlawful presence and allowed to remain pending your removal while you pursue relief from removal through asylum.

All answers to immigration questions should not be taken as legally binding advice. If you have an immigration issue, please call me at Pacifica Legal Services 805-290-4930 and make an appointment for an initial 30 minute consultation. Additional time is billed at $100.00 per 30 minute increments. Todas las respuestas a las preguntas de inmigración no deben tomarse como asesoramiento legal. Si usted tiene un problema de inmigración, por favor llámeme al Pacifica Legal Services 805-290-4930 y hacer una cita para una consulta inicial de 30 minutos. El tiempo adicional se factura a $ 100.00 por incrementos de 30 minutos.

Posted

It depends, if you are wondering if this person is legally able to work, it will depend on whether he has an Employment Authorization Document. It doesn't give him legal status; but he is allowed to work while his case is pending with Immigration Court.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer