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

Asked 5 months ago - 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

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . 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... more
  2. Daniel Patrick Hanlon

    Contributor Level 20

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    Answered . 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... more
  3. Nasir M. Khan

    Pro

    Contributor Level 12

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    Answered . 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... more
  4. Arturo Angel Burga

    Pro

    Contributor Level 10

    Answered . 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... more
  5. Floyd J. Fernandez

    Contributor Level 17

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    Lawyer agrees

    Answered . 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... more

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