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I had a denied asylum case , but my lawyer didn't inform me, about the appeal decision, what are my chances to get back?

Houston, TX |

I applied for asylum in 1991, and it was denied , then the judge gave me vouluntarily deportation, my attorney appealed the decision, but then i lost all communication with that atorney, but other lawyers told me that the appeal will take long time up to 4 years in some cases, the court systen info. system kept saying no record, in the mean time i worked and payed taxes, and had a life, i was picked up by ICE in 11/2007 and deported on may 2008, while i was in detention , my new lawer told me that , my appeal was filed pro se and there was no brief, that why it was denied, and was send to incomplete address. I have a fiance that who is having a hard time on her own, and she needs me there back. I heard that denied asylum cases are hard to get waiver approved is that correct?

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Attorney answers 2


This is a bit more complicated. More information is needed. In general, there can be many reasons why a person loses contact with their attorney. Some of which may suggest that the person hired was not an attorney. Other situations may suggest that the client did not think that it was worth hiring an attorney to look into the matter out of fear of what they'd find.

It seemed that a decision was made to ignore the process and the process caught up. When a final immigration court order was entered and was final, you lost. If no appeal was properly filed, then you became an alien fugitive.

Due to the limited financial budget at the DHS, compared with the overwhelming task, people may end up with many more years in the U.S. than they should. This decision to unlawfully remain can emotionally devastate U.S. Citizens, among others, as a result.

Often, the person who is ordered removed has some idea of what is going on. Too often, an attorney is not hired until more damage is done to make immigration even more difficult. All it may take is a traffic arrest for a person who was ordered deported to be transferred to the Immigration and Customs Enforcement Agency so it can execute the final deportation order.

The decision not to follow up on the case and leave when ordered, or to document your departure mean that the Government had to deport you. This can costs the U.S. Government billions of dollars. As a result, such a deportation order may take a decade or longer to undo. At times, it is unclear whether person in your situation will ever be allowed to return to the U.S. This is the situation, even if you are married to a U.S. Some facts may create indefinite bars to immigration as a matter of law or discretion.

I strongly recommend a teleconference with a candid and experienced immigration attorney. More facts are needed. You should know your options and have an attorney take enough time to decide whether you should afford an experienced immigration attorney.

This is general information and does not create an attorney client relationship.


well on that one you will have an uphill battle. i hope that you did not return after the deportation without permission as that will bar you for LIFE, not a good thing. that said, have your fiancee go see adan vega or bruce coane verteran immigration specialists in the houston area. good luck