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Asylum appeal

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Natalka

Junior Member
What is the name of your state? CA

I have applied for asylum before my visa run out and I still have two months to go. Just had an interview last Friday which did not go well at all. The asylum officer would not listen to any arguments, shut me up and let me go as soon as he verified all the info in the application form. As far as I understood from the ucis webpage if you file an asylum application in the affirmative, the decision is totally up to an asylum officer, i.e. it does not go to the immigration judge. Does it mean that I do not have ANY kind of appeal now?? Not at all?? So this a-hole can just throw me away?? There should be some review....Please advise
 


ImmigAttyLana

Senior Member
It does not go to an immigration judge if you are still in valid status at the time the asylum interview is held and is decided against you. You can then remain in the US through the expiration of your I-94 but there is no way to appeal it to a judge because a judge has no jurisdiction over the case or you while you are still in status. If you want to chance it, you can reapply and then when your I-94 is expired, if the asylum officer again denies your case, it will then be referred to the immigration court. Keep in mind, though, unless your case is a very strong one, not only will it not be approved in immigration court, but you will then be out of status and accruing unlawful presence and then you will have no other recourse to remain in the US legally if the asylum claim is denied.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

Natalka

Junior Member
Thank you Lana

That helps. Basically I do not have any review and certainly I don't fancy overstaying.

I want to thank you for helping all those people and me including. You must be really busy and still find time to help people for free. It is very decent. Thank you so much
 

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