Effective Jan. 5, 1995 Courtesy of: Mohinder Singh, Attorney Law If you are not in any current immigration proceedings, you may file a completed asylum application with the proper immigration center, like those living in Northern California shall file their asylum application on a New form 1589 with supporting documents with the Northern Service Center, Lincoln Nebraska, those living in southern California shall file their asylum application with Western Service Center, Laguna Niguel California. You will not get any work authorization unless you are granted asylum by the Asylum Officer or your case has not been decided by an immigration judge within 150 days in filing. The 150 day period does not begin until a completed application is filed. Your failure to appear to receive Asylum Officer’s decision extends the 150 day period until you appear either to receive the decision or before an interpretation Judge.

You will be called for your asylum interview within 60 days of your application.

If the Asylum Officer grants the asylum, you will get the employment authorization and can adjoum your status to become a permanent resident after one year. If the Asylum Officer denies your application, he will refer your case to Immigration Judge for removal proceedings. He will not issue “intent to deny,” nor there any rebuttal or an appeal to his decision.

The Immigration Judge will consider your asylum application previously filed and then want or deny your case or order your’ removal from United States.

You may appeal the in: migration Judge’s decision to the Board of Immigration Appeal as the Federal Courts.

The new rules do not apply to applications filed before the new rules take effect.

Article extracted from this publication >>  January 6, 1995