Avoid Common Asylum Mistakes: Essential Legal Tips

July 2016

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

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“Be the change that you wish to see in the world.”
― Mahatma Gandhi

NEWS FLASHES:

 Effects Of Guilty Plea’s Without Immigration Advice

 Immigration Options For Fashion Models

 Differences And Similarities Between L-1 Visa And H-1B Visa

 Waiver Of Passport And/or Visa (I-193 Waiver)

 Notice To Appear Issued: Do I Need To Go To Court?

 When To Apply For Re-Entry Permit As A Permanent Resident

Watch our recent video on U.S. Supreme Court Lockdown regarding DACA+ and DAPA

Common Mistakes During Asylum Process

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Author: USA Asylum attorney Alena Shautsova

Whether filing a Pro Se Asylum application or filing an Asylum application with an attorney common mistakes still occur on a daily basis that can be easily avoided. While this article will go over the most common mistakes, you should always consult with an attorney before submitting any documents. Every case is unique and while personally I rarely rely on statistics, an individual should take note that of 40,000 applications on average per year in the US only 8,000 are granted, a whopping 20%!. Technically speaking, only about 9,500 or 25% of these applications per year are denied, the rest are either abandoned ( usually because the person does not know the procedures and protocols of the court), withdrawn or placed into an “Other” category. This “Other” category is sometimes worse than a denial not only on a person psyche but their potential to ever succeed with “fixing” their Immigration status.

To avoid these pitfalls the most common mistakes that can be corrected easily are as follows:

Don’t Show up Empty Handed

Many times when an individual gets referred to court after their initial interview I will ask them to bring in what was previously submitted to USCIS. When the only document that was submitted was the I 589 form itself, do not be surprisedthat the case was denied. If an individual does not consult with an attorney at that point and proceeds to court Pro Se without any supporting evidence to submit before their first appearance the likelihood of the Judge determining your case to be amicable and rule in your favor is low. The Real ID Act demands that an asylum applicant collaborates his/her story or explains why the evidence is not available. The instructions to the form might be confusing. You must present evidence if they can be obtained. The fact that your application was accepted by you filing the form itself does not mean it will be granted. Also, the fact that your request for an employment authorization was granted does not mean that your case will be granted.

Think before you speak

Normally, an individual will prepare for their interview, whether it is with an attorney or by himself or herself. Think of this as studying for a school examination, if you do not know the answer to a question, do not answer the question jut to answer the question. Instead, an individual should state that they do not remember or that they do not know. The difference between not remembering and not knowing is significant in a legal sense. If you answer “I do not know” it means that you never knew the answer. If you answer “I do not recall” it means that at some point you knew the answer, but not now.

Be On Time

Of course, you have to be on time with showing up to court or your interview at the scheduled time, but there are other instances of being on time that you should be aware of and that any attorney will handle for you, once hired, to give you a peace of mind. These instances include but are not limited to:

the filing of appropriate supporting evidence “X” amount of days prior to your appointment. The general time frame is 30 days but check with your local USCIS office or Judge’s specific courtroom rules.

Specifying witnesses and experts within the applicable time frame set forth by the court.

Lodging an asylum application with the Immigration Court

Filing motions with an Immigration court within specified by the rules times

And of course, submitting your application within one year deadline

Moving our case from jurisdiction to jurisdiction

Are you aware that when you ask one asylum office to transfer your case to another office, your clock for the employment authorization stops? It does. And practically never restarts.

Finally, do not try to make your case “better” by inventing crazy stories, and do tell the full story. I have people coming to me after working with lawyers who did not bother to ask them about their family history or what their relatives experienced in their home country. Sometimes, we think that people “know” how it is. You should not assume that, and do tell a full and complete story.

Immigration Solutions after the US Supreme Court’s Deadlock on DACA+ and DAPA

Author: Immigration attorney Alena Shautsova

Signpost with three arrows labeled 'WIN' in green, 'LOSE' in blue, and 'TIE' in red against a black background.

On June 23, 2016 the US Supreme Court issued a short statement regarding the hottest Immigration battle “The judgment is affirmed by an equally divided Court.” It meant that millions waiting for DAPA and DACA+ will have to continue to wait.

But let’s talk about what those initiatives, if allowed to go forward, would have given to their beneficiaries. The DAPA and DACA+ would not have given one a permanent residence, and would not have given one a U.S. citizenship. They would not even give one a “legal Immigration status” necessary to change it to any other status. All they would have provided would be an employment authorization and, maybe, an advance parole. It is not a secret that many, in fact, millions of immigrants are already employed in the United States and even pay taxes by using either a tax ID number, or social security numbers they obtained decades ago.

So, the real benefit that could have been helpful to those eligible, would have been an advance parole document that would have allowed them to leave the country and come back, but this time legally. This legal admission would allow them to apply for a green card through a U.S. son or daughter or a spouse without having to leave the US or filing for a waiver.

How one can now, without the DACA+ and DAPA obtain an advance parole? Unfortunately, there are not so many options. First, the “status” that provides for an advance parole eligibility would be TPS or temporary protected status, but this would work only if an individual does not have an outstanding deportation order.

Second, parole in place can cure illegal entry, but usually (but not always) to qualify for it a person has to have a U.S. military family member.

What many do not know is that there are “visas” that one can apply for while in the US and get the status even if their entry was “illegal.” It would be U, T and S visas. Also, there might be possibility of a VAWA relief in certain situations.

Finally, there is always an option of the I601A waiver or even I601 waiver in certain cases. While waivers are hard to get, as it turns, to receive DAPA status is simply impossible…