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Complex situation: J-1, applied for Asylum (I-589), got Notice of Intend to Deny, responded with Rebuttal

Boston, MA |

J-1 is expiring soon, applied for Asylum (I-589) several month ago, had interview, received Notice of Intend to Deny (where several minor communication gaps during interview were presented as "material discrepancies").

Responded with Rebuttal. I would be in real danger if I had to go back to my country.

What is a possible next step ? I can apply for F-1 to get myself a year as a student / have another safe year. Any advice ?

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Attorney answers 5

Best Answer

I agree with my colleagues that an asylum application is not something that's likely to be approved when prepared without the assistance of an immigration lawyer. Even if the I-589 is denied by the asylum office, you'll have the opportunity to represent your case before an immigration judge, and if the immigration judge doesn't agree that you're in danger in your home country, you'd be able to take advantage of several levels of appellate review. If a decision on your I-589 is rendered before your DS-2019 expires, you may not be placed into removal proceedings, but rather you'd just revert back to J-1 status for the duration of the DS-2019.

I do think that it is time to find an attorney you like, to meet with him or her, and bring all of the correspondence you've received from USCIS as well as anything you've given to USCIS in support of your I-589 to your meeting with the attorney. There may be a lot of clues and cues for the attorney to follow based on problems that USCIS identified in its NOID.



I am not sure it is appropriate to ask this type of question on this board, but can I get some vague idea on how much such representation (in that appeal process) might cost ? Thank you so much, Alex for very helpful response.

Alex Gregory Isbell

Alex Gregory Isbell


I don't think it is appropriate to discuss fees on this type of board because, as all of our disclaimers state, we aren't providing legal advice here, but just general information. The process I outlined would take place over a pretty long period of time. I think that the bottom line, and the take away messages from all of the responses you received, is that you've got a complicated case and some professional assistance is highly advisable at this point in time.


Please hire an attorney to work on your case.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


I agree with my colleague ... now is the time to hire an attorney.

Although it is admirable that you were so brave as to file your application on your own ... you clearly need professional guidance now.

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.


Stop using "self help" that will get you nowhere and achieve no result whatsoever for you and hire an attorney. This is attorney's work, not applicants'!

(Who is that said "only fools represent themselves"?)

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Asylum is perhaps one of the most complicated petitions there are. If yours is denied, then you will be placed in removal and need to answer to the Immigration Court. Please hire an attorney.

This is not legal advice until I am retained and have reviewed all facts about your situation.

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