Applying for Asylum in Maryland After Being Denied by USCIS
If you are applying for asylum in Maryland after being denied by USCIS, it may be advisable to contact a knowledgeable asylum attorney. While individuals may have a second chance to gain asylum status, it is important to understand all the steps that they must complete. An experienced Maryland immigration attorney could provide the guidance you or your loved ones need when seeking asylum.
Can a Person be Granted Asylum After a USCIS Denial?
Individuals who were not granted asylum by the USCIS asylum office could still gain asylum status by the immigration judge. Asylum applicants should know that USCIS does not deny asylum claims. As an alternative, the asylum office refers the asylum applicant to the immigration court. By doing so, their asylum application is reviewed by the immigration judge. It is this judge who determines the applicant’s eligibility for asylum.
What Does this Process Look Like?
Should the asylum office refer their asylum application to the immigration court, the asylum applicant will be issued a Notice to Appear, which is commonly known as the NTA. The NTA details the allegations against the applicant and the charge of removability. The applicant is scheduled for a Master Calendar Hearing in which they will respond to the allegations. The applicant is now called a respondent and will continue to proceed with the asylum application. At the Master Calendar Hearing, the respondent goes before an immigration judge who sets an Individual Hearing date in which the respondent brings their case before the immigration judge.
A minimum of 15 days before the Individual Hearing, the respondent must submit any additional evidence that they have in support of their asylum claim. At the individual hearing, which is the final hearing for the respondent, the respondent will testify regarding their asylum claim. If they are represented by an attorney, they will be asked questions by their attorney, by the judge, and by the government attorney. After all of that is done, the judge will issue a decision based on the evidence that was submitted and the respondent’s testimony, as well as any witness testimony presented before the court.
Length of Immigration Cases for Asylum
Depending on the jurisdiction of the court, immigration court cases for asylum can be lengthy. While every jurisdiction is different, there is currently a backlog of immigration cases waiting to be heard by an immigration judge.
In order to expedite this process, a lawyer could submit a Motion to Advance to the immigration court in which the respondent’s hearing will be heard sooner if there are extenuating circumstances. These extenuating circumstances must be serious. Examples of such circumstances include having a family member in danger, or the applicant being in danger if the asylum application is delayed.
An attorney could also reach out to DHS and talk about the case to stipulate certain facts that can permit a shortened hearing. Based on the evidence and documentation provided, the government could also agree to asylum if sufficient proof of the respondent’s asylum eligibility is shown.
Reach out to a Maryland Asylum Attorney After a USCIS Denial
A denial by the USCS does not have to be the end of your chances of being granted asylum status. A dedicated lawyer could help you if you are interested in applying for asylum in Maryland after being denied by USCIS. Skilled attorneys could review your case and help you face any legal hurdles that are in your way. If you wish to get started on a case today, or wish have specific concerns regarding your situation, feel free to schedule a consultation today.