Legal Question in Immigration Law in Florida

Asylum question

I would like to know (average ''expected'' time) how long does it take for an asylum request to be processed from start to finish (assuming that it gets denied from the very first interview until the last possible appeal).

If I file an asylum request today and EVERYTHING goes wrong, when will I be referred to an immigration court for deportation procedures and when those procedures will be completed?.

2 Years?, 4 Years?, more?.

Right now I am legal in the States as a tourist but circumstances developed while I was visiting here and now I have reasonable fear to return to my country. I would love to have the application accepted but in case it doesn't happen I would like to know how much time will I have while the request is being processed in order to consider other possible options. ''Just in case'' it gets denied, but returning is not an option.

My mother is receiving her citizenship papers any day now and she will petition for us (wife and 2 daughters one of them an american citizen) inmediately.

Will that petition be able to reach us in time before the asylum process is finished?, so in any case we won't be forced to leave?. I am looking for a good attorney that will help me figure this out, thanks in advance for the help.


Asked on 12/11/07, 12:49 pm

1 Answer from Attorneys
Kenneth Forman Kenneth Alan Forman P.A.

Re: Asylum question

It is taking approximately 3 to 10 months for USCIS to adjudicate asylum applications in Miami. If USCIS does not wish to grant you asylum then their standard operating procedure is to immediately refer the case to the Immigration Judge. However if you are still in valid non immigrant status at the time of the adjudication that would change their procedure. The length of time that would elapse before you get to your final (individual) hearing before the Immigration Judge varies but figure approximately 10 months or so. If you lose in front of the Immigration Judge and wish to appeal the decision to the Board of Immigration Appeals that usually takes approximately one year.

Regarding your mother becoming a citizen. Even if she gets citizenship right away and petitions for you, your spouse and children there is a waiting list of approximately 7 and 1/2 years for a Married son or daughter of a US Citizen.

I urge you to contact an experienced Immigration Lawyer in order to get an assessment of your chances of prevailing on your asylum claim.

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Answered on 12/11/07, 1:08 pm


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