So, you thought you had a slam dunk Asylum case before USCIS. When you were preparing your asylum petition on your own without counsel, you thought, "Hey, this is a pretty good case. There is no way I am going to get denied."
You went to the interview dressed as if you were going to your job interview (which you should, by the way). You got there and they took your photograph and then your fingerprints, etc. You sat in a dingy waiting room waiting to be called. An Asylum Officer then calls your number and you walk into the interview room and you are interviewed....for hours. You thought you were prepared for the battery of questions, follow up questions, prying, inquiring, and page flipping of the interviewer. Midway through you're thinking, "Hey, maybe this wasn't such a hot idea! I should have had a lawyer!" You Got Referred to an Immigration Judge: Seems your thinking that this is not going so well were well-founded. Your application wasn't denied but you got referred to an Immigration Judge. Uh oh, what does that mean? Well it means that you are now in removal proceedings (yes, deportation). Your Affirmative Asylum Application just became a Defensive Asylum application. I Got An NTA, What Does That Mean? As a result of your referral to an Immigration Judge, you got an NTA (Notice to Appear) before a judge. It's at this point that you should STRONGLY consider not going it alone and get that lawyer. What Is An NTA? An NTA (Notice to Appear) is a charging document given to you (or, served upon you) stating that there are allegations you are being charged with and that you must appear before an Immigration Judge on a particular date for what's called a Master Calendar Hearing (MCH). This brings us to our next question, "What's a Master Calendar Hearing?" "What's a Master Calendar Hearing?" (MCH) A MCH is a preliminary hearing for pleading and scheduling of your Individual Hearing (the Asylum hearing). It is at this MCH hearing that you will answer to the charges that were delineated in NTA Charging document set forth. You can either admit or deny these charges. The Judge will then ask you whether you want to designate a country for removal. To this question you respond, "Not at this time, Your Honor." ALWAYS ADDRESS THE JUDGE WITH RESPECT. I can't stress that enough. You Should Probably Get a Lawyer: The MCH is daunting enough, don't go to the individual hearing alone (your actual asylum proceeding which will be set by the judge at the MCH). Get a counsel to represent you in these proceedings. Removal hearings are fraught with many technical and legal jargon that the lay person is not in a position to grapple with. At the end of the MCH the judge most likely set a hearing date. And due to the stresses and pressures on the Immigration Court your next hearing is probably one or two years from now. This gives you PLENTY of time to review your application (hopefully you saved a copy of your original asylum application). Get a lawyer. What Happens at the Individual Hearing? So, fast forward two years later. This time you got a lawyer. You're armed to the teeth with your lawyer and hopefully your lawyer submitted a FOIA (Freedom of Information Act) request to get the original Asylum Officer's notes. It's a very smart thing to do. Get the notes. See what happened. And hopefully your attorney has amended your petition (if needed) and has made any corrections. The immigration judge will review your case de novo. Huh? De-what? De Novo. De Novo is a legal term which means that the judge will review your case from the start without any reference to the conclusions made by the Asylum Officer. He/She will look at it, but their decisions will not be influenced by what the Asylum Officer has stated. So, this is your second shot at the apple. If you have any questions about your Asylum application that has been referred to an Immigration Judge, please do not hesitate to contact us directly. NOTHING IN THIS POSTING SHOULD BE CONSIDERED TO BE LEGAL ADVICE OF ANY KIND. BEFORE YOU TAKE ANY ACTION YOU SHOULD CONSULT AN ATTORNEY. -M. Ray Arvand, Esq. The Law Office of M. Ray Arvand, PC An Immigration Law Firm 26 Broadway, 21st Floor New York, NY 10004 www.arvandlaw.com #ArvandLaw
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