Granting Asylum in Maryland

For a person to be granted asylum, it is a lengthy process where the wait could be as short as one year and as long as five years. There are many factors that are taken into consideration, especially a person’s claims for needing asylum as well as a person’s judge, or even the court the asylum application is filed in.

A Maryland asylum attorney can help a person filing for asylum navigate the complex process as well as ensure that all deadlines are met, and extenuating factors are considered.

Determining Factors

The most important factors that depend on a person being granted asylum are a person’s individual claims. The claims that are the most important factors include the responses to these questions:

• Are you a member of a recognized social group in your home country?
• Is there a nexus between the persecution and your membership in that group?
• Can you prove the connection between your persecution and your membership in the social group?

Additionally, the court location is important to whether a person’s asylum is granted. There are huge differences in approval rates among the different immigration courts and USCIS offices throughout the country, so where a person is applying can make a big difference.

If a person is applying for asylum in Maryland, the judge they are in front of can impact their case. Different judges in Baltimore have different approval rates. While there is little that a person can do about this since they cannot choose their judge, they should be aware that it does make a difference.

The person’s nationality also has an effect on whether their application is be granted. There are certain nationalities, and groups within those nationalities, that the US government recognizes as being persecuted. That includes outwardly practicing Christians in Pakistan or domestic violence victims who cannot leave abusive relationships in Guatemala. There are specific social groups that have more cases that have been approved, so it may be easier to prove the case if the person applying is a member of one of those group.

Expediting the Process

A lawyer cannot expedite the process immediately, but there are some exceptions. If the individual’s family is in immediate and imminent harm in their home country and the asylum application needs to be approved quickly so that the family can be brought to the US, the attorney can petition the Department of State or USCIS office to expedite their case but this is rarely granted. Further, there are a lot of people that have compelling claims for expediting .

If the person applying has a compelling case, it could be helpful to have a congressperson or a senator to write a letter on their behalf. It is also helpful to engage another branch of the government for assistance.

If Denied Asylum the First Time

The only way that a person could apply for asylum after a denial is if there have been significant changes in the conditions of their home country since they previously filed. Essentially, the individual must have a different claim that has arisen after the initial denial. This is difficult to prove and in some cases, impossible to prove.

There are a number of issues if a person is denied both at USCIS and in immigration court. They are going to have an order of deportation if they do not have an alternative route to get legal status from the immigration court.  The court is not going to litigate a previous denial based on the same circumstances that previously resulted in a denial.

Being After a Denial

It is possible for asylum to be granted, even if it is denied by the USCIS. If a person’s case is denied by USCIS, staff at the USCIS office, where the person had their interview, will send the case and complete application to the closest immigration court.

If an individual is applying in Baltimore, it will be submitted to the Baltimore immigration court and the individual will have an initial master calendar hearing scheduled, which is a short hearing with a big group of people. In Baltimore, the wait could be from one year to five years in the future, depending on which calendar the person is scheduled on.

At the individual hearing, it is different than the affirmative asylum interview with USCIS because a prosecutor is present making it an adversarial proceeding. The individual will need to prove to the judge that their case should qualify, despite being denied by USCIS.

Deportation

An individual can be deported if they already been granted asylum. If a person violates their asylee status, it can be terminated at any time. The most common way for this to happen is by committing a particularly serious crime, such as an aggravated felony. An individual can be placed into removal proceedings or detained by ICE, at which point ICE can open removal proceeding based on the commission of that crime.

A person can also have your their asylee status rescinded if they travel to their home country and the government representative believed that the individual feared returning to their home country. This does not always happen, but if the government wants to terminate a person’s status based on this, the individual will have to convince representatives that they do have the fear of being in their home country, despite the trip back.

Legal Status

Being granted asylum makes a person an asylee, which is their legal status. It can be a permanent status if they renew it every year. The asylee will be eligible to apply for legal permanent residence one year after they have received the approval in their asylum case so it is advisable to apply for the green card.

Benefits of Permanent Resident Status

It is better to be a permanent resident because it is easier to travel internationally, a permanent resident does not have to renew their status every year, and it is easier to violate asylee status than it is to violate legal permanent resident status.

Additionally, a person can never become a citizen if they remain in asylee status. They must become a legal permanent resident for at least five years before they can apply for citizenship. There is no path to citizenship if the person never adjusted their status to get their green card.

Traveling Internationally

Traveling internationally once a person has been granted asylum is fine, but returning to their home country is risky and not advisable. If a person returns to their home country, the government can revisit their asylum claim either at the point of entry to return to the United States or when they apply for their green card.

If a person traveled back to their home country, while in asylum status, the government can make the claim that your application was fraudulent or that the initial claim of fear was not well-founded, which may give grounds to rescind that individual’s asylum status. It is not advisable to return to the home country until the individual has become a citizen.

Role of An Attorney

It is important to have an attorney, especially if there is a defensive application in immigration court. They should be aware of the disqualifying factors, such as the one-year filing deadline and the criminal bars to being granted asylum before they begin the application process.