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Do asylum officers have the right to ask my immigration status?

Flushing, NY |

First of all, I don't have legal status in the US. I applied asylum when I had valid non-immigration visa, unfortunately got denied. Then I added some new evidence such as news reports regarding me and submitted a motion to reopen. Till this point, I was under legal visa. However, after an unexpected long waiting period, my visa got expired. I became a funny illegal immigrant. Today, I'm still waiting for the decision on that motion to reopen. I'm curies why they didn't sent me to the immigration court since I lost my legal status. But this is not the end of my story.
In order to make a live, sometimes I hired by people who can't speak english to be an interpreter on asylum interviews.

In some cases the asylum officer asks my immigration status, but it rarely happens. I don't really like to lie to them. Q 1: If I would be ask these questions next time, could I refuse to discuses my immigration status with them? Q2: Do asylum officers have the power to make an arrested? or they could simply inform that ICE guy in their office to arrest me? Q3: If I escape from the arrest, would I be charged resisting arrest? I really don't like to go to the restaurants to wash dishes if I don't have to. Of course I taxed most of my incomes last year. I'm a kind of like this half day job which could provide me a lot of free time while paying the rent and feed myself. Please help me guys, those concerns had bothered me too much. I can't find a solid answer although I've done a lot of internet research.

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Attorney answers 3


Yes, you must reveal your immigration status, and although you probably will be arrested, if your case is not approved, you will be placed under removal proceedings before an Immigration Judge.

Please see

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation, telephonic or in-person, by an attorney experienced in immigration law. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.


Asylum officers may request information on any part of the case in order to assist them in making a determination. This includes requesting immigration status of the applicant.

If you are seeking professional assistance to expedite your case, determine the status, or prepare a defense, I strongly suggest that you consult with an immigration attorney.

This attorney is Board Certified and speaks Spanish and French. For more information, click through to the web site. Coincidentally, I was born in Flushing.


Yes, the Asylum officers may ask your immigration status and you must be honest. These questions you pose should be discussed in a confidential setting with an experienced immigration lawyer, not over the internet.

For more information, contact our Immigration Law Firm for a confidential consultation.

Good luck to you.

Immigration Legal Team
Bogle & Chang, LLC
Phone: (800) 342-1733 ext. 101