Menu | (904) 448-6646 | Email Us

Category Archives: Asylum

Change in Asylum Policy for Miami Asylum Office

The Miami Asylum Office has issued a change in their policy regarding when they will accept additional supporting documentation after an asylum case has been filed. Effective on October 17, 2016, the Miami Asylum office will require that any additional supporting documentation must be mailed in and received by their office at least one week prior to any scheduled interview. Applicants must mail in Three (3) copies of each item of additional documentation in order for the asylum office in Miami to accept the submission.

Failure to comply with this new change may result in the Officer rescheduling the interview and putting a stop to the clock for the applicant’s employment authorization. The rationale behind this policy is that the USCIS Miami asylum office wants to make sure that the Asylum Officer will have enough time to review the asylum petition in full before the scheduled interview. Prior to this change in policy, it was common for Asylum Officers to accept additional newly submitted documentation at the time of the interview.

When possible, it is best to provide all of the documentation required for an asylum case at the time of filing the asylum petition. Examples of required documents may include documents to prove identity, documents to verify the applicant(s) asylum claim(s), country reports and other research, as well statements from the applicant(s), witnesses, and any other relevant documentation your attorney may suggest will be helpful to the Officer in assessing your claim for asylum.

The above does not constitute legal advice and reading the above does not create an attorney / client relationship.

Good BIA case for Iraqi Christians Applying for Asylum

The Board of Immigration Appeals recently issued a favorable case regarding Iraqi Christians. Although the Immigration Judge did not allow the applicant to reopen her deportation order to apply for asylum from Iraq, the Board of Immigration Appeals (BIA) reversed the Judge’s decision and allowed the applicant’s deportation order to be reopened.

This is a helpful case, because the motion to reopen was NOT timely filed within 90 or 180 days. In fact, the applicant waited 3 years before filing this Motion to Reopen. The Judge who denied the Motion to Reopen is with the Immigration Court in Detroit, MI. Based on this decision, now the applicant will have the opportunity to apply for asylum and withholding of removal.

The Board of Immigration Appeals reopened the applicant’s case because they stated that based on the country conditions information provided by the applicant, the country conditions for Christians in Iraqi have worsened in the years of 2008 and 2009. The BIA held that the country conditions have worsened to such an extent since the applicant’s prior deportation hearing that the deportation proceedings should be reopened to allow the applicant to apply for asylum and withholding of removal. The matter was remanded, i.e. sent back, to the Immigration Judge for his consideration of the worsening situation in Iraq for Christians and for entry of a new decision.

This decision is unpublished and a copy of the decision was emailed to our office for our own information from the applicant’s attorney.