Applying with Immigration
Those who apply affirmatively mail their applications to Immigration. If they are legally in the United States, but the case is denied, the process ends there. However, if the case is denied and the foreign national is not legally in the United States, the case will be referred to an Immigration Judge.
The Application Process : The ten-page application must be received at Immigration within one-year of the foreign national’s arrival. The filing deadline may be waived if applicants can show either changed circumstances that affect their eligibility for asylum or extraordinary circumstances relating to the delay in filing.
The Timeline : When a foreigner applies before Immigration, the interview will be scheduled within 45 days of filing unless there is a backlog. This happens when so many foreigners apply for asylum that there are not enough Asylum Officers to decide all the cases. Once the interview is completed, the foreign national can expect a decision within just a few weeks of the interview date. Since the Interview will be scheduled so quickly after filing, it is important that foreigners have all of their documents ready when they submit their application.
Applying before Immigration Judge
When Immigration claims that a person must leave the country (be deported or removed), the agency makes its case before an Immigration Judge. One of several ways that a foreigner can remain in the United States is by winning an asylum case.
The Application Process. While all foreigners must file an asylum application within one year of their last arrival in the United States, an Immigration Judge has the authority to move up the one-year deadline. Judges are the master of their courtrooms and can impose an earlier deadline. This presents a challenge for foreigners who find it difficult to obtain all the documents needed to support their case, especially when some of that evidence must be released by foreign authorities such as the police.
The Timeline. It is possible that after submitting the application, the Immigration Judge’s calendar will require scheduling the final hearing many months later. As a result, the foreign national will have time to gather additional evidence. Several Blandon Law cases have been won after providing death certificates which show that family members have been killed abroad since the filing of the asylum application.
Unlike Immigration, an Immigration Judge can also rule on whether the foreign national is eligible for withholding of removal and protection under the Convention Against Torture. Those granted withholding of removal or relief under the CAT will never be eligible for lawful permanent resident status or U.S. citizenship. Travel permission is also not granted. They receive a work permit and are allowed to remain in the United States.