Asylum seekers at the U.S. southwest border are anxiously awaiting a District Court Judge’s approval of a settlement reached late Wednesday evening, September 12th. If approved, the agreement will open a review of more than 1,000 previously rejected asylum requests.
It is believed that a substantial number of previously rejected petitioners had been persuaded that withdrawing their bids would be the best way to have their isolated children returned to them. Many of these petitioners from Central America had been unable to convince immigration officials that they faced a credible fear of persecution or torture if forced to return to their home countries.
According to a report in USA Today, some parents have also argued that they were rushed through the asylum process by federal immigration officials, were not informed of all their legal options, and some were misled into signing away their right to apply for asylum (See Special Note below).
Under the terms of the agreement, if either the parent or a child passes the “initial credible fear interview,” the entire family will be allowed to continue through the asylum process together as a family. Even if a parent fails to pass the initial interview, he or she will be allowed to remain in the country until the child’s case has been adjudicated. If the child’s case is accepted, the parents will be accepted also.
Passing the initial interview is not a guarantee of asylum. That process could take up to two years to complete. However, during that time the applicants may live and work in the U.S.
Approval is highly likely – and could happen even before this article is published – because the Judge Dana Sabraw in San Diego is the same judge who ordered the government and the American Civil Liberties Union (ACLU) to come to an agreement on the matter on August 17th in which he ordered the government develop a streamlined process to handle immigrant families caught in this and similar situations.
It was in that previous hearing that Judge Sabraw wrote that “So much of this is really common sense and common courtesy. There shouldn’t be anything mysterious about it. It should be transparent and easy to do.”
The conditions of the settlement will allow parents to submit additional evidence and testimony to clearly establish their credible fear of returning to their home country. One attorney representing the cause of the immigrants said, “They will finally have a real chance to be heard and to secure safety and stability for themselves and their families.”
Official approval by Judge Sabraw could come as early as Friday afternoon, September 14th. Claims will be heard on a case-by-case basis.
Under the agreement, the government must allow a lawyer to represent the parents during their second interview, either in person or on the phone.”
Special Note: Do not attempt to apply for asylum without the aid of an Immigration Attorney. Had those asylum seekers had legal counsel during their first interviews, they would not have been misled into withdrawing their asylum request.
With Law Offices now open in San Diego, Immigration Attorneys from ACS Law Offices, Inc. are available to help. Please use the links below to contact us for assistance.
Do you really need an attorney to apply for asylum in the United States? The simplest, correct answer is ‘No.’
Now, let’s ask the question in a slightly different way by adding one little word.
Do you really need an attorney to successfully apply for asylum in the United States? Now the simplest, correct answer is ‘Yes.’
As living conditions in various countries around the world become more difficult because of nationalistic, ethnic, and religious persecution, more and more people are seeking a safe haven for themselves and their families.
The unfortunate reality is that there are more people seeking asylum than there are safe haven countries willing or able to take them in. Every country has to measure and know their capability of taking in refugees without endangering the welfare and security of its residents.
Any well-meaning asylum-seeker hopes to find a safe place for their family to call home and enjoy a peaceful existence. The fact that countries offer asylum indicates that they understand the perspectives and needs of the asylum-seekers.
Nonetheless, each country has established procedures by which they determine the veracity of the asylum claim and also which admissions are in the overall best interests of the country. This slight differential of interests between the seeker and their preferred country of asylum becomes problematic only when the number of seekers overwhelmingly outnumber the number of civil servants required to process all the applications in a timely manner.
When you consider the already complex and detailed process, the asylum offices and courts cannot afford to squander their time handling cases with incomplete and inaccurately prepared documents. The unfortunate result of appearing in an Immigration Office or Court without adequate preparation is that it will not end well for the asylum-seeker. More than likely, the applicant will be deported.
Statistics prove an applicant with a licensed Immigration Attorney is five times more likely to be granted admission to the United States than a person acting on their own or using translators, paralegals, or other advisors.
Consulting with an Attorney before applying for asylum also increases the chances for success. We understand that this is not always possible. That doesn’t mean that an applicant should not hire an Attorney later. It actually means that the need to hire one later becomes significantly more important.
A good Immigration Attorney will help prepare the petition for asylum, ensure that all of the documentary evidence of the case is immediately available, and will counsel the candidate on how to respond properly to questions asked during their interview with the immigration authorities.
A reputable Attorney will also accompany his or her client to the interview to help ensure success. In the event that the client’s request is denied at the interview, the Attorney would also prepare the case for appeal and accompany the client to the hearing.
If you or someone you know wants asylum in the U.S., be sure to secure the services of a professional, licensed Immigration Attorney who is familiar with the laws and the immigration process.
Immigration Attorneys of ACS Law Offices are multilingual, including Chinese and Russian. They have over 100 years of combined experience and expertise. We are available to review your situation and advise you on the best and right way to resolve your tenuous status.
Whether or not the U.S. immigration system is a mess is a matter of debate. In fact, it seems to be a daily matter of debate. No matter what position a person takes on the debate in general, however, nearly everyone would agree that the process takes far too long.
From time to time we have discussed the backlog in processing EB-5 and other visa applications, but the backlog in processing asylum cases is just as problematic. With immigration reform hung up in Congress, the number of observers predicting bureaucratic reformation seems to have been increasing over the first half of the 2018 Fiscal Year.
Attorney General Jeff Sessions appears to be ready to institute reforms specifically intended to speed up the processing of asylum applications by placing a quota for case closures on each Immigration Judge. Judges’ annual performance reviews would include a comparison of their actual “production” versus the 700-case objective.
The anticipated benefit of the Attorney General’s directive is obvious. Mandating the number of cases to be fully adjudicated should reduce the backlog. However, sometimes solving one problem creates another.
While there is an axiom that says that the amount of work expands to fill the time allotted, the polar position is that achieving a specified amount of work within a defined period diminishes the scrutiny and quality of the work.
That means that although the backlog should be reduced, at least some cases may not receive the amount of attention they deserve. In asylum cases, that could mean that some may not have adequate time to build their case.
Cases can sometimes be delayed because information on an asylum application is incomplete on insufficient. This is especially common in cases where the petitioner has not enlisted the aid of a competent Immigration Attorney. Petitioners who have not retained legal advice often find themselves lost in a legal maze from which they are unable to find a way out.
If you are, or if you know someone who is awaiting an asylum case to be heard in an Immigration Court, we urge you to seek expert legal advice before your case is due to be presented.
Our staff of expert Immigration Attorneys at American Corporate Services Law Offices, Inc. is available to consult with you concerning your circumstances. We are willing to represent clients in Immigration Court to ensure that every relevant fact is adequately presented so that the Court will rule in favor of the asylum applicant.
Ni Hao Ma again, I want to tell you some humorous stories about results that you never quite know are going to happen. First of all, a lot of losing cases in Chinese Asylum Applications are based upon amateurish non-professional presentation.
One common story is application for asylum based upon the one child policy, but if non-professionals will help the person prepare that story, you usually see one theme come across again: the woman was operated on, she had a forcible abortion but she wanted to try again for a child, she had a second pregnancy, she was caught, and put into jail and she escaped from jail.
She was able to open the window and jump out of the jail and run to a friend’s house and escape to the United States. Any time you come across a story how somebody escaped from jail, its likely to be a fake story and judges and asylum officer who are interviewing you know this. They know if a story, if the woman says she was able to jump out of the jail window, it’s an amateurish story and it’s not likely to be true.
These stories are almost never prepared by attorneys – an attorney knows this and attorney would never prepare a silly story about someone being able to jump out of a jail window (particularly a woman being able to jump out of a jail window). I’ve gotten a lot of cases from women who lost at the first level without a lawyer, or they had a consultant prepare the story for them and they used a silly reason like this. The first thing I do is read the story and point out what’s weak in the story and why they likely lost. Then I have to edit and make changes in the story and if the story is completely fake, I have to admit that a non-professional helped them prepare the story, the person knew that it wasn’t true but she followed the advice of a non-professional.
Then I start all over again and I ask what really happened. In many cases you can win if you are honest and say, ‘this is what really happened, what was prepared by the non-lawyer was a false story’, and I usually win in cases like this.
Здравствуйте, меня зовут Аллан, my wife is Russian but unfortunately I don’t speak Russian so I’ll have to speak in English now. I’ve handled many Russian and Ukrainian asylum cases and I can’t say that I won every case but I am proud to say that I have done a very good job on all the cases I handled, and I won most of the cases I handled because I prepared in advance what is likely to believable and what is likely to be not believable.
I tell my clients I want them to prepare a story for me to read and I will improve upon the story. One of the things that I always remember (I don’t know whether I did the right decision or not…) one time I had a beautiful girl come into my office, she was about 24 years old – when I say beautiful, she was more beautiful than Angelina Jolie and she said, ‘I’m applying for Asylum, you make up the story I want you to make up the best story for me and if you win the story you can have me for three nights.’
Well, I didn’t know what to do and I thought maybe I wouldn’t like her for three nights so I said no, largely because if she could say you can have me for three nights, she could also tell a lie and say that I wanted to have sex with her and I would only take her case if I had sex with her. This is a very dangerous situation for a lawyer to be in and I was fortunate enough that I had good sense… her story was a terrible story, I don’t know… in fact I refused to take the case and have anything to do with her. I don’t know whatever happened to her.
I did handle a case – this wasn’t a Russian case but I handled an Asylum case from India for Miss Universe - she won the Miss Universe title from India and I won the case for her so I was very happy about that but that was a real case, that was an honest case.
Good afternoon again, I was talking about cases where clients had non-lawyers helping them prepare a first asylum application and a very bad job was done and they lost. Then they came to me when they lost and they had already been sentenced to the immigration court. You can usually tell a bad application that is an application that a non-lawyer has prepared. It will repeat itself, it will be copied and copied and the story will not be a good, realistic story.
For example, whenever I hear a story about a woman who violated the one-child policy and was forcibly aborted and she tried again to have a child again several months later and she was arrested and put into prison. She escaped from jail by breaking and opening the windows and running away. Somehow after she ran away she got to the United States… this is a fake story and all lawyers will know it’s a fake story.
Whenever someone comes to me with that, I have to tell them it’s a fake story and that if you tell me the truth, what happened, I can correct the fake story and try and hopefully we can win. I’ve had a lot of cases like that and they first thing I do is tell the judge I’d like to start all over again because a non-lawyer helped my client prepare a story that’s not true and my client didn’t know what to do but agreed with the non-lawyer, thinking the non-lawyer was actually a lawyer.
We have to start all over again and the judge will usually allow a good lawyer to begin all over again and to prepare a true story.
I’ve won several cases that started out as fake stories. One of the most interesting cases I’ve had (this was not a fake story but it was a very funny story) where a client of mine who was very tall claimed that he was demonstrating in 1989 in Tiananmen Square against the government. He was able to get a visa to come to the United States without being arrested and they story itself was not really a good story… he didn’t have too much to offer or present and I told him that I am not 100% certain that we can win this case. What I did not expect was that the judge would be fascinated by how tall he was. He was 6 foot 6, much taller than the average Chinese and the judge insisted on sending outside for a tape measure to measure how tall he was. Ultimately the judge ruled in his favor, he decided to grant an asylum because he was so tall he was likely to be arrested if he had to return to China because the Chinese government had videos of the students demonstrating in Tiananmen Square.
What I hadn’t expected was the judge would grant him asylum not because he has a good story or he was really in danger but because he was so tall. Even good lawyers can expect the unexpected things to happen!
Sometimes I get an unexpected decision in cases involving people in Falun Gong and one of the things I always tell them that you have to know Falun Gong. You can't just say it, you have to read the literature, the stories, the advice because the asylum officer questioning you is going to know Falun Gong and he or she knows more about Falun Gong than you do, your case is going to lose so you have to study Falun Gong, know what you believe in – it’s no guarantee that you’ll win but at least you’ll be respected for joining and knowing enough about Falun Gong.
So, all these unexpected situations will occur and a good lawyer will prepare for the worst, hope for the best, and sometimes clients will ask me, ‘what are my chances of winning?’ and I like to give them my honest assessment of the case, my honest opinion. If I think it’s a weak case I’ll tell them that I think it’s a weak case - I’ll try my best but I cannot guarantee your success.
If it’s a strong case I’ll tell them I think you have an excellent case, I think I can win because your case is so strong and because you obviously know your factual material – you know your story.
Once again, the important thing is to know your story, know what happened to you, know the dates that happened and again, supporting documentation if you can. I get a lot of cases like this but my time is limited so I’ll stop now – thank you very much.
This is Allan Samson continuing my discussion on immigration law.
I’m a practicing attorney in San Francisco and a professor as well in Business Administration in the fields of Law and Business Administration.
I’d like to give a general introduction to asylum, how you apply for asylum, when should you apply for asylum.
Generally, as a matter of law you have to apply for asylum within one year of coming to the United States – 6, 8, 10, 11 months, if you are here longer than a year, unless there’s a convincing reason why you waited that long in applying for asylum (perhaps the country conditions in the country have changed) then I would suggest you not do this and apply beforehand, before one year.
You can apply for what’s called Withholding a Removal after one year but it’s not as good as asylum: asylum will allow you travel out of the United States and come back, Withholding a Removal will only allow you to remain in the United States but will not allow you to travel and come back.
If you’re coming to the United States and planning when you should apply for asylum, my advice is probably wait closer to the 12 month period (maybe 8, 9, 10 months) because this will give you the opportunity to collect documentation.
If there’s any one suggestion I could give in how to improve your chances of success in applying for asylum, it’s documentation, a realistic story that shows you are afraid and documentation that shows that you’ve been punished or persecuted and you’re likely to face persecution again if you return to your country.
Now, there’s got to be a realistic basis for your fear in applying for asylum.
Let me give you an example of a non-realistic basis: let’s say you’re from England and you really believe that the Queen of England wants to kill you, she’s hired a contract killer to kill you – you firmly believe this, in your own mind this is true, but is the Queen of England likely to kill you? No, of course not.
So there is no realistic basis for your asylum. If you apply for asylum and you firmly believe this, the officer will deny your application for asylum by saying that this person has a realistic fear of returning to England in his own mind, but is there a realistic danger to he or she if he does return to England? The odds are, the chances are no, there is no way that the Queen of England is going to put out a contract killing on your life – but other countries you do have a danger and its those countries which have the best success rate in applying for asylum.
Now, if you do apply for asylum, you have to know a story. You have to develop a story. What happened to you, when it happened, how it happened and what happened. Be specific, give dates, describe the events that have happened to you, when it happened, how it happened…. Your story must be believable, must be convincing. Now, if it’s not a real story, if it’s a fake story once again as I mentioned in other lectures, immigration officials are professionals. They know how to spot, how to distinguish between a fake story and a realistic story so you’re not likely to be able to fool them in this regard so your story in this sense should be realistic, it should describe what has happened to you and it should be a “good story”.
A “good story” is supported by documentation. Let’s say you were beaten by the police: is there a police record, is there a hospital record?
Let’s say you put in the police record that somebody was threatening you, or that somebody was harming you… do you have a police report on file? Can you get a police report on file from your country?
Documentation is extremely important in building up your chance of success and asylum story.
Hi, this is Allan Samson, immigration lawyer operating in California.
I’d like to talk a little bit about asylum applications if you’re from countries such as Russia, Ukraine, and in a general sense, countries from the former Soviet Union.
There’s a strategy choice in applying for asylum from those countries. There are some stories, some reasons which have a greater success rate than others and Id like to talk about those right now. If you come from Russia, the greatest success rate would be if you’re homosexual or LGBT because of the Russian government policy to discriminate against gays and LGBT people. This is the basic reason, but once again it’s not… just don’t say you’re gay, show that you have been involved perhaps in the past in gay organizations in Russia, or gay clubs or with photographs of you in gay meetings.
If you’re living in the United States try and join gay organizations so you can get letters of support from new gay friends in the United States who will attest to the fact that yes, you are gay or you are LGBT.
You want to show that you really are gay, that you belong to gay organizations here in the United States, and that you have belonged to gay associations or gay organizations in Russia.
My Mother and Father were born in Russia but I don’t speak Russian – I grew up at a time where they wanted children to be Americanized so they never taught me Russian. I’m married to a Russian woman but she speaks better English than I speak Russian, so the only thing I know are the [inaudible] words which I cannot mention here.
Okay, the importance in an asylum application for Russia is a good story, letters of reference from friends in the United States, and if you can get any documentation… let’s say you were at a Gay pride parade in Moscow and the police broke it up. Maybe photographs of you in the parade or maybe if you were beaten and went to the hospital, hospital records.
The key things are records, dates and records. Maybe a police report? You put in a police report when they called you a gay bastard or a homosexual bastard and you put in a police report. You can show that police report in your asylum application.
Other good reasons to apply for asylum from Russia and from Ukraine would be religion, particularly in Russia : Seventh Day Adventists, or Jehovah's Witness.
I’ve handled a number of cases, gay cases and a number of Jehovah's Witness and Seventh Day Adventists cases and these are religions which are not tolerated by the Russian government.
The Russian government is now in a close alliance with Russian Orthodox religion which will not allow any competition from non- Russian Orthodox or other religions in Russia.
When I first started practicing law many years ago, a good story was that you’re anti-communist but of course now it makes no sense to be anti-communist, there is no longer communism in the Soviet Union so the key stories would be Religion, Religious Discrimination, Gay Discrimination and if by any chance you had the ‘good luck’ to be arrested or be beaten in anti-Putin demonstrations and you can document that you were arrested or beaten, you can certainly use this in a good asylum application in the United States.
Make certain that you haven’t lived in another country beforehand, make certain that have not lived in England or France or Germany beforehand because American law will say you should not be able to apply for asylum when you can go and live in Germany or France or England. Make sure you cannot live in any other country.
The American court system takes a long time and the American asylum application takes a long time.
Right now or several years ago when I was starting to practice you would have your asylum application interview 2 months after the USCIS received your asylum application. Now it’s probably almost a year before your get your asylum interview and this gives you the opportunity to apply for work authorization if no decision has made in your case for more than 7 months or more than 6 months, 180 days, you can apply for work permission.
If you need to work, you want to apply for asylum, you have a good case for asylum but you need to work in the meantime, right now is a good time because of the slowness of the American legal system, it will allow you to be able to get work permission while your application is being considered.
If your application is denied, (they never use the word denial, they say you didn’t give reasons to merit an approval) you’ll be put into removal proceedings or deportation proceedings in front of the immigration judge and you’ll have a chance to make the same case in front of the immigration judge.
Many clients that I have had have failed in applying for asylum, they’ve hired me as their attorney and have won in front of the immigration judge. I’ve filed a few cases myself where my client lost at the asylum interview, I felt it was a good case and I encouraged them to keep me as their lawyer when they were going in front of the immigration judge and those cases I won.
Just because you lose at basic level does not mean you cannot win at higher level. It’s certainly possible. Judges have more knowledge about the requirements for asylum than asylum officers do. So from Russia and Ukraine: political reasons, anti-government feeling, anti-government demonstration, gays and LGBT, and minority religious beliefs and memberships will be valid reasons for applying.
Probably don’t waste your time in applying for economic reasons. Another good reason would be spousal abuse: if your husband or wife beat you and your feared for your life and safety and you reported it to the police in Russia and the police did not protect you or they told you to go back to the house and you ere beaten again… this is a good reason to apply for asylum in the United States, if the government of your home country is not willing or able to protect you from spousal abuse. There are increasingly successful cases from Russia and from Latin America on this basis now.
Once again, spousal abuse, religion, sexual orientation and anti-Putin, anti-government sentiment and demonstrations are valid reasons to apply.
Once again, whatever you choose, make sure your story is good plan your story with your lawyer, do not ask your lawyer to lie for you, do not ask them to make up a story for you. If somebody asks me to make up a story I will say sorry, I don’t do it, I’m not willing to lose my license to practice and part of the reason I am so successful is because I have a good reputation in court and I have a good reputation among officials in the immigration department. They know that I will not make up a fake story so the story that my client presents is more believable because I have a good reputation and good lawyers have good reputations.
If you go to a lawyer that does not have a good reputation, your story will not be viewed with believability or credibility.
Okay, thank you very much for your attention.
We are often approached by clients who are willing to immigrate to the United States under the Political Asylum Program (political asylum). Most of them present the real facts of harassment in their native country.
Some clients make straightforward statements that they are doing well. Hence, they do not experience any harassment. However, they show their willingness to move to the United States due to high wages and salaries and living standards, as well as the opportunity to participate in the Social Security program provided by this developed country. We have to frankly explain to such potential clients that we are a U.S. licensed immigration lawyer`s office. Therefore, we do not make up stories and do not engage in illegal activities. We recommend that clients follow our lead.
However, some clients are not sure whether their harassment record will be accepted or denied by the U.S. Immigration Service – USCIS. We suggest that clients familiarize themselves with the following websites describing the current situation in their native country. These are known as Country Condition reports.
Country Condition reports are published by governmental, relevant non-governmental institutions, and international organizations on a periodic basis. They describe the current situation in political, economic, social and legal areas of the country in general and in particular. The USCIS immigration officer relies on these reports to compare your request with the situation in your country to draw a conclusion concerning the actual potential for harassment and persecution in your particular case.
Country Condition reports are an important part of your case. You can find them on the following websites:
www.osce.org — The official OSCE website where you can find flash reports and daily reports on the current situation in the flashpoints. There are also thematic reports and reference materials on military conflicts and the human rights violations in many countries. The special section dedicated to the crisis and harassment in Ukraine may also be useful for Ukrainians seeking political asylum in the USA.
www.state.gov — The official website of the U.S. Department of State. We encourage you to visit this site. This section contains the reports on all countries, describing the current situation in the country in the areas of religious freedom, human rights, freedom of speech, democratic freedoms, and more. For instance, there is a report on harassment of religious organizations in Russia and a report on human rights, which play an important role while applying for political asylum in the USA for Russians.
www.amnesty.org — The official website of the global human rights movement, where you can find the reports on all countries as well the examples of human rights violations. For instance, the section on the current situation in Kazakhstan or the report оn impunity for torture and other ill-treatment in Kazakhstan indicates the current nature of the harassment in that country.
www.hrw.org — The principle website dedicated to human rights, containing annual and quarterly reports, as well as publications on legal issues around the world. If you are a refugee from Kyrgyzstan in the U.S., you can find the information on deterioration of the human rights situation in Kyrgyzstan here.
cpj.org — The website of the Committee to Protect Journalists. This site is particularly useful if the core of your case is the harassment in the area of journalism and the media. If you are a journalist and you are seeking political asylum in the U.S. from Belarus, then you can find some evidence of harassment of journalists here.
There are many more resources with information on the current situation in different countries. We recommend you check the reports and publications on the following websites: freedomhouse.org, www.fidh.org, en.rsf.org, humanrightsfirst.org.
If you find information describing the situation in your country and you reasonably believe that you have also been persecuted or harassed in your country, or you have a well-grounded fear of being subjected to such persecution - briefly describe your specific situation on 2-3 pages and submit it to us. Please, also fill out the Application on our website.
Our immigration attorney will carefully review your history, and you will receive an unbiased assessment of your chance to immigrate to the United States under the political asylum program. Moreover, we will assist you with the proper execution of the petition in accordance with the constantly changing requirements of the U.S. Immigration Service.
Our immigration offices are located in the cities of San Francisco and Sacramento. However, over the last 26 years, we have successfully helped clients located in many American cities who are from the countries of the former Union of Soviet Socialist Republics, and from China – and we continue to do so.