Legal Question in Immigration Law in Maryland

Immigration: NOID without interview

I file for Asylum but then withdraw the application before getting a response because I had to leave the country to secure another type of visa for my new employment. I received a correspondence from the USCIS about my case being administrative closed prior my departure. Back to the USA with a new visa, I refile with a slight modification on my application (adding my exit and return to the country and the reasons why). To my surprise I did not receive a new interview day, rather a NOID.

My questions are as follows:

- Legally, wasn't I entitled to a new interview since a file for a new application AND I had left and re-entered the country?

- Was the officer who followed my initial case supposed to reopen it (despite the new additions - exit and re-entry) and and pass a judgment without a new interview?

- What are my options at this point?

Thank you very much. I am very confused as what to do next and your help will be greatly appreciated. Thank you.


Asked on 12/31/08, 3:47 am

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: Immigration: NOID without interview

First of all, you have no legal right to an asylum interview, okay. The agency can take years to adjudicate an application and there is not much that can be done b/c the entire asylum process is "discretionary" not mandatory. Okay, now -- if you went through all the trouble of returning to your country, what is the reason you still want to apply for asylum? If your asylum claim was bona fide in the first filing, why would you have gone back to a country from which you seek asylum. I am presuming that you went back to your country, but you can correct me. Secondly, if you still believe you have a good asylum claim, then just file another I-589 application. If you file it again, you don't have to fight the old one because you went out and came back -- so now you can apply for asylum within the one year period. I would, however, like to know exactly on what ground(s) you applied for asylum. Good luck!

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Answered on 1/01/09, 6:56 pm


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